REDACTED

~~~C/

cf tP~':~5:-~~<i;<~V'

~ b
l....

~

n. v. )

,!;-' Ct'
<::>,~.

<~ ~ 0,'

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

~',~

~i~UALEMPLOYMENT

)

CIVIL ACTION NO.

)'.GS"(vWo-T

rJ l)PPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

.. ' \

v.

)

)

SUBWAY OF ASHEVILLE #7, LLC,

)

COMPLAINT

.)...... ,
, ~

AHMAD ENTERPRISES OF NORTH )

CAROLINA, INC., SUBWAY OF CANTON, INC., SUBWAY OF

)

JURY TRIAL DEMAND

, .1
)

MERRIMON AVENUE, INC., and

)

( .1

/

SUWAN SUBWAY, LLC,

)

)

Defendants.

)

--------------------------)

NA TURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex (female) and to provide appropriate relief to individuals who were adversely affected by the practices. Specifically, Plaintiff Equal Employment Opportunity Commission (the "Commission") alleges that Defendants Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., and Suwan Subway, LLC (collectively "Defendants") discriminated against Melanie Cooper, Jennifer Grady, C-----G------, C---------- J---------, D----- p------ and other similarly situated female employees because of their sex, female. The Commission further alleges that Defendants constructively discharged Melanie Cooper, C------ G------, C-------- J------- and other similarly situated female employees

\

REDACTED
because of their sex. Moreover, the Commission alleges that Defendants discriminated against Jennifer Grady by discharging her in retaliation for filing a charge of discrimination.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f) (1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Subway of Asheville #7, LLC has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of Buncombe. 5. At all relevant times, Defendant Ahmad Enterprises of North Carolina, Inc. has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of Buncombe. 6. At all relevant times, Defendant Subway of Canton, Inc. has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of Haywood.
2

REDACTED
7. At all relevant times, Defendant Subway of Merrimon Avenue, Inc. has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of Buncombe.
8. At all relevant times, Defendant Suwan Subway, LLC has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of McDowell.
9. On information and belief, Defendants have operated as an integrated business enterprise since at least January 1996, and maintain their principal place of business in Asheville, North Carolina.
10. At all relevant times, as an integrated business enterprise Defendants continuously had at least fifteen employees.
11. At all relevant times, Defendants jointly and severally, have continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 12. More than thirty days prior to the institution of this lawsuit, Melanie Cooper, Jennifer Grady, C------ G------, C-------- J-------, and D------ P------ filed charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 13. From around October 2002 until around February 2003, Defendants engaged in unlawful employment practices at Defendants' Subway sandwich shop on Leicester Avenue in Asheville, North Carolina ("Leicester Subway"), in violation of Section 703(a)(l) of Title VII, 42 U.S.C. § 2000e-2(a)(1), as set forth below:
3

REDACTED
a. Defendants subjected Melanie Cooper, Jennifer Grady, C------ G-----, C------J--------, D------- p------- and other similarly situated female employees to sexual harassment that created a sexually hostile work environment based on their sex, female. The harassment included, but was not limited to, unwelcome sexual comments, gestures and touching by one of Defendants' male managers who had supervisory authority over the women. Some of the women complained about the sexual harassment and Defendants otherwise knew or reasonably should have known about the sexual harassment.
b. As a result of the sexual harassment Melanie Cooper, C------- G------, C--------J-------- and other similarly situated female employees were forced to resign.
14. The effect of the practices complained of in paragraph 13 above has been to deprive Melanie Cooper, Jennifer Grady, C------- G------, C-------- J--------, D------- p------- and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
15. On or about November 6, 2002, Defendants engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), by discharging Jennifer Grady in retaliation for engaging in a protected activity. Specifically, the Commission alleges that Defendants discharged Ms. Grady because she filed a charge of discrimination against two of the named Defendant entities in October 2002.
16. The effect of the practice complained of in paragraph 15 above has been to deprive Jennifer Grady of equal employment opportunities and otherwise adversely affect her status as an employee because she engaged in an activity protected by Title VII.
17. The unlawful employment practices complained of in paragraphs 13 and 15 above were done with malice or with reckless indifference to the federally protected rights of Melanie
Cooper, Jennifer Grady, C------- G------, C-------- J--------, D------- p------- and other similarly
situated female employees.
4

REDACTED
18. The unlawful employment practices complained of in paragraphs 13 and 15 above were intentional.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with it, from sexual harassment or any other employment practice that discriminates on the basis of sex and from retaliating against employees who oppose unlawful discrimination, make of a charge of unlawful discrimination, or participate in an investigation of unlawful discrimination. B. Order Defendants to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendants to make whole Melanie Cooper, Jennifer Grady, C------- G-----, C-------- J--------, and other similarly situated female employees by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement. D. Order Defendants to make whole Melanie Cooper, Jennifer Grady, C------- G-----, C-------- J--------, D------- P-------, and other similarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including medical expenses, in amounts to be determined at trial.
5

REDACTED
E. Order Defendants to make whole Melanie Cooper, Jennifer Grady, C------- G-----, C-------- J--------, D------- p-------, and other similarly situated female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices described above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendants to pay Melanie Cooper, Jennifer Grady, C------- G------, C-------- J--------, D------- p------- and other similarly situated female employees punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
6

REDACTED

DATED this the _ .._' day of February 2005.

Respectfully submitted,

ERlC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOL YN YOUNG REAMS

Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

1801 L Street, N.W.

Wa:~~ington, D.C. 20507

-~:::.:G;;,: - -r;. 0

.. ."", .."" '~''''- ,~."

' , / ,,~

~,

Acting Regional Attorney

KARA GIBBON HADEN Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6780
ATTORNEYS FOR PLAINTIFF

7

 
 • fo 4

t £ IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION

10'" -'
ASJ-J L V/

LL.l·-~,

N0.t'C"•

~

CIVIL ACTION NO. 1:05 CV 46..T

•

1 •

EQUAL EMPLOYMENT

)

,

OPPORTUNITY COMMISSION,

)

,

)

Plaintiff,

)

and

)

i
!

)

·
;

I

MELANIE COOPER, CRYSTAL

)

•
~

GREEN, CHRISTINA JACKSON,

) COMPLAINT IN INTERVENTION

l

DAN.ITA POWELL,

) OF INTERVENORS MELANIE COOPER,

,

) CRYSTAL GREEN, CHRISTINA

i
· ·

Plaintiff-In tervenors

) JACKSON AND DANITA POWELL

)

v .

)

)

SUBWAY OF ASHEVILLE #7, LLC, )

AHMAD ENTERPRISES OF NORTH )

; ,
l

CAROLINA, INC., SUBWAY OF

)

,

CANTON, INC., SUBWAY OF

)

MERRIMON AVENUE, INC., and

)

SIJWAN SUBWAY, LLC,

)

j

1

)

I

, >

Defendants.

)

!

,

Plaintiff-Intervenors Melanie Cooper, Crystal Green, Christina Jackson, and Danita

1 ,

~,,

Powell allege as follows:

1 ,

NATURE OF THE ACTION

I

~

,

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

1 ,

,

, ,

Rights Act of 1991, to correct unlawful employment practices on the basis of sex., female~ and to

j i

•

~

i

,

provide appropriate relief to Plaintiff..lntervenors, who were adversely affected by the practices.

1
;

,.'

,

The Complaint in Intervention adds claims under the common law of North Carolina for

negligent hiring, supervision, and retention, and for assault and battery on behalf of all Plaintiff-

_.1.. . ...... .

•

. ,_

. · - ........ ¥ c- " u ··· dLW

' 0'111 UP) , Rll

~--.._ ...... . ' I ~

_ tt

0-

• ... _ ... . _

••

•• '

_

t#"

M

t

Ih

11:I.l10 • _ _ _ _ .... . ........ _

I _ " ... .

Intervenors; intentional or negligent infliction of emotional distress claims on behalf of Melanie

Cooper, Christina Jackson, and Danita Powell; and claims for wrongful discharge in violation of

public policy on behalf of Melanie Cooper, Crystal Green, and Christina Jackson.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and

1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 ll.S.C. § 2000e-5(f)(1) and (3)

(,'Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a.

2. As to Plaintiff-Intervenors" claims under state law, this Court has supplemental

jurisdiction under the provisions of28 U.S.C. § 1367 and under the principle of pendent

jurisdiction.

3.

The conduct alleged to be unlawful was committed within the jurisdiction of the United

States District Court for the Western District of North Carolina, and venue is therefore

proper in this Court.

PARTIES

4. Plaintiff Equal Employment Opportunity Commission (the "EEOC") is the agency of the

United States of America charged with the administration, interpretation, and

enforcement of Title VII and is expressly authorized to bring this action by Section

706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3).

5.

Plaintiff-Intervenor Melanie Cooper ('~Cooper"') is a female citizen and resident of

Buncombe County, North Carolina, and is a "person aggrieved" within the meaning of

42 U.S.C. § 2000e.S(f)(1), who intervenes in this action as a matter of right.

-2-

•

... :......,

6. Plaintiff-Intervenor Crystal Green ("Green") is a female citizen and resident of Pinellas

County, Florida, and is a "person aggrieved" within the meaning of 42 U.S.C. § 2000e-

5(t)(1), who intervenes in this action as a matter of right.

7. Plaintiff-Intervenor Christina Jackson (HJackson") is a female citizen and resident of

Spartanburg County, South Carolina, and is a '''person aggrieved" within the meaning of

42 U.S.C. § 2000e--5(f)(I), who intervenes in this action as a matter of right.

8. Plaintiff-Intervenor Danita Powell C'Powell") is a female citizen and resident of

Buncombe County, North Carolina, and is a ·'person aggrieved" within the meaning of

42 U.S.C. § 2000e-5(f)(1), who intervenes in this action as a matter of right.

9.

On infornlation and belief, at all relevant times, Defendant Subway of Asheville #7, LLC,

has continuously been a North Carolina corporation doing business in the State of North

Carolina and the County of Buncombe.

10. On information and belief, at all relevant times, Defendant Ahmad Enterprises of North

Carolina, Inc., has continuously been a North Carolina corporation doing business in the

State of North Carolina and the County of Buncombe.

11. On information and belief, at all relevant times, Defendant Subway of Canton, Inc., has

continuously been a North Carolina corporation doing business in the State of North

Carolina and the County of Haywood.

12. On infortnation and belief, at all relevant times, Defendant Subway of Merrimon Avenue,

Inc., has continuously been a North Carolina corporation doing business in the State of

North Carolina and the County of Buncombe.

-3-

•
13. On information and belief, at all relevant times, Defendant Suwan Subway, LLC, has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of McDowell.
14. On information and belief, Defendants have operated as an integrated business enterprise since at least January 1996, and maintain their principal place of business in Asheville, North Carolina.
15. On infornlation and belief, at all relevant times, as an integrated business enterprise Defendants continuously had at least fifteen employees.
16. At all relevant times, Defendants jointly and severally, have continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).
17. On information and belief, at all relevant times, Subway of Asheville #7, LI-,C; Ahmad
Enterprises of North Carolina, Inc.; Subway of Canton, Inc.; Subway of Merrimon Avenue, Inc.; and/or Suwan Subway, LLC, were the employer(s) of Plaintiff-Intervenors within the meaning of the common law.
18. On information and belief, at all relevant times, Subway of Asheville #7, LLC; Ahmad
Enterprises of North Carolina, Inc.; Subway of Canton, Inc.; Subway of Merrimon Avenue, Inc.; and/or Suwan Subway, LLC acted jointly and in concert, and the acts of one are imputed to the other. 19. On information and bel ief, at all relevant times, Subway of Asheville #7, LLC; Ahmad Enterprises of North Carolina, Inc.; Subway of Canton, Inc.; Subway of Merrimon
Avenue, Inc.~ and/or Suwan Subway, LLC formed a joint venture or partnership.,
-4-

•
combining their property, effects, labor~ or skill in a common business or venture, under an agreement to share the profits and losses in equal or specified proportions, and the acts of one bound the partnership. 20. On infortnation and belief, at all relevant times, Subway of Asheville #7, LLC; Ahnlad Enterprises of North Carolina, Inc.; Subway of Canton, Inc.; Subway of Merriman Avenue, Inc.; and/or Suwan Subway, LLC were partners in employing PlaintiffIntervenors, and were agents of the partnership and the acts of one bound the partnership. 21. On information and belief, Subway of Asheville #7, LLC; Ahmad Enterprises of North
Carolina, Inc.; Subway of Canton, Inc.; Subway of Merrimon Avenue, Inc.~ and/or Suwan
Subway, LLC created an agency relationship, whereby one corporation was authorized in employing Plaintiff-Intervenors on behalf of another corporation, and the acts of one bound the other. 22. The term "Defendants" in this Complaint shall be construed to include any or all of the Defendants, unless the context clearly refers to a single Defendant to the exclusion of the
other.
ADMINISTRATIVE PREREQUISITES
23. More than thirty (30) days prior to the institution of this lawsuit, Plaintiff-Intervenors filed timely charges of discrimination with the EEOC alleging violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. FACTS
24. Cooper was employed on or about January 17, 2003, at Defendants' Subway sandwich shop on Leicester Avenue in Ashevil1e~ North Carolina ("the I.Jeicester Subway''').
-5-

25. Green was employed on or about December 5,2002, at the Leicester Subway.

26. Jackson was employed on or about December 31, 2002, at the Leicester Subway.

27. Powell was employed on or about November 20, 2002, at the Leicester Subway.

28. During Plaintiff-Intervenors' employment at the Leicester Subway, they performed all of

their job duties satisfactorily and gave their employer no legitimate business reason to

tenninate their employment.

29. During Plaintiff-Intervenors' employment at the Leicester Subway, a man who went by

the name of Joe was employed by Defendants as a manager (hereinafter ~'Manager") in a

supervisory position over Plaintiff-Intervenors, working at the Leicester Subway.

Manager was Plaintiff-Intervenors' immediate supervisor and had the authority to hire,

fire, and make work assignments.

30. During Plaintiff-Intervenors' employment at the Leicester Subway, Manager engaged in

multiple, frequent, and pervasive acts of sexual harassment of Plaintiff-Intervenors on a

nearly daily basis. All of the acts of harassment occurred on the premises of the Leic.ester

Subway and during Plaintiff.-Intervenors' normal working hours. The following

allegations do not purport to be a complete recitation of all of the sexual cOlnments,

gestures, and touching in which Manager engaged, but are illustrative of his conduct

towards Plaintiff-Intervenors:

a.

Manager constantly referred to Powell as "baby" and "sweetie" and also called her

~'my girl," ~j;my best girl," and "my baby girl.~' Manger regularly told Powell that

she was '~beautiful," ~'pretty," and "sweet" and that he cared about her and loved

her.

-6-

~--

b.

Manager also frequently made sexual comments about Powell's body. On one

occasion, Manager told Powell that the Subway shirt that he gave her to wear

looked pretty on her "sexy body." On another occasion, Manager gave Powell an

apron and told her that he wanted her to wear it because he became jealous ~'hen

other men looked at her "sexy body." One day after Powell finished cleaning the

tables in the dining area, Manager told Powell that he wanted her to clean the

tables again so that he could watch her bend over.

c.

Manger repeatedly touched and rubbed Powell's hands, hugged her, rubbed her

back, and grabbed her buttocks. Manager also kissed Powell on her mouth, face,

and neck on numerous occasions. On one occasion, Manager rubbed Powell's

breasts with his hands as he hugged her. On another occasion, Manager placed

his hand on Powell's thigh and started rubbing her thigh.

d.

Manager constantly referred to Jackson as lilibaby" and --honey." Manger regularly

told Jackson that he loved her. Manager also attempted to spend time with

Jackson outside of work.

e.

Manager frequently hugged Jackson and attempted to hug her. Manager grabbed

Jackson's buttocks.

f.

Manager made sexual comments about Green's body. On one occasion, Manager

walked into the women's bathroom at the Leicester Subway while Green was

changing into her work clothes and told Green, ~liI came in here to see you undress,

and I am looking at you right now." On another occasion~ Manager said that

Green had nice buttocks and nice breasts.

g.

Manager kissed Green on her face and mouth on numerous occasions. On one

occasion, Manager grabbed Green"s buttocks. On another occasion, Manager put

his hand into Green's shirt and grabbed her breast.

h. Manager referred to Cooper as ·'sweetie" and "honey." Manager frequently

touched and held Cooper's hands and hugged her. Manager also kissed Cooper

on her face on two separate occasions and asked Cooper to kiss him on other
occaSl• ons.

i.

On one occasion, Manager put his hand down Cooper's shirt, touched her breasts,

and said, hIsn"t this nice." On another occasion, Manager placed his hand on

Cooper's thigh. Manager also grabbed Cooper's buttocks on one occasion.

31. Plaintiff-Intervenors did not welcome or invite any of Manager's sexual comments,

gestures, and touching, all of which Plaintiff-Intervenors found extremely offensive and

emotionally upsetting. By their words and conduct, Plaintiff-Intervenors made known to

Manager that his actions were unwelcome and offensive.

32. All of the wrongful and unlawful acts by Manager occurred at Plaintiff-Intervenors' and

Manager's place of employment, the Leicester Subway. Manager was at work for

Defendants and was acting within the scope of his employment as Defendants' manager

and as Plaintiff...Intervenors' supervisor when he committed these acts. Moreover,

because Manager committed these acts while serving in a supervisory capacity for

Defendants, and as a member of Defendants' management with respect to Plaintiff-

Intervenors, having control over the tenus and conditions of their employment, he was
acting as an alter ego of Defendants~ and his acts constituted the acts of Defendants, and

-8-

~." ....
his supervisory authority aided and abetted his ability to commit these acts. Thus,
Defendants are vicariously liable for the acts of Manager under the doctrine of respondeat superl•or
33. Some of Plaintiff-Intervenors complained about the sexual harassment and Defendants otherwise knew or reasonably should have known about the sexual harassment of Plaintiff-Intervenors.
34. The continuing sexual harassment by Manager, and the ratification of that conduct by
Defendants' officers and managers, made it clear to Plaintiff-Intervenors that Defendants had no intention of taking action to stop the harassment. 35. In fact, Defendants failed to protect Plaintiff-Intervenors and refused to take any action against Manager who was harassing Plaintiff-Intervenors. 36. Plaintiff-Intervenors could no longer tolerate the sexual harassment and felt compelled to resI• gn. 37. Green resigned on or about December 20, 2002. Following her resignation, Manager called Green several times in an attempt to convince her to return to work. Manager left the following message on Green's voice mail: "I think you are mine, and I think you want
to come back to work for me. I love you. I like you."
38. Jackson resigned on or about January 23,2003. Following her resignation, Manager called Cooper several times in an attempt to convince her to return to work.
39. Cooper resigned on or about January 28, 2003. Following her resignation, Manager called Cooper several times in an attempt to convince her to return to work.
-9-

,,~ .
40. Green~s, Jackson's, and Cooper's resignations were not voluntary but were forced due to the continued sexual harassment and Defendants' failure to take remedial action, which had created an intolerable working situation for them.
41. Upon information and belief, at all relevant times, Defendants did not have any policy
against sexual discrimination or harassment in the workplace, and did not have any policy
informing victims of sexual discrimination or harassment how to seek relief from it.
Plaintiff-Intervenors were never informed of the existence of such a policy_
42. Upon information and belief, during the time period in which the acts alleged herein occurred, Manager had a reputation at the Leicester Subway for engaging in inappropriate, sexually offensive conduct towards female employees. Defendants knew or should have known of Manager's reputation and that he had previously engaged in the sexual harassment of other women. Plaintiff-Intervenors are informed and believe that
one or more other female employees had previously complained of improper physical contact, verbal remarks, or other sexually harassing treatment by Manager. Defendants
should have reasonably foreseen that Plaintiff-Intervenors would be subjected to
harassment by Manager, and Defendants should have taken steps to provide Plaintiff-
Intervenors with a work environment that did not include that risk.
43. Upon information and belief, by retaining Manager in a supervisory position after
Defendants' actual or constructive knowledge of Manager~s reputation, by ignoring Manager's conduct and reports of harassment, by failing to conduct a proper investigation and take action against such conduct, by failing to properly supervise Manager, and by
failing to discipline Manager, remove Manager from his supervisory position, or to
-10·

otherwise protect Plaintiff-Intervenors and other female employees, Defendants, through its officers and managers, approved, condoned, and ratified the wrongful and unlawful acts of manager, including sexual harassment. 44. By their actions and failure to act, Defendants failed and refused to take reasonable steps to correct the effects of Manager's sexual harassment of Plaintiff-Intervenors.
45. By their actions and failure to act, which were intended to force Plaintiff-Intervenors to
resign, Defendants constructively discharged Green, Jackson, and Cooper. 46. As a result of Defendants' actions and failure to act, Plaintiff-Intervenors have suffered
damages, including, but not limited to, lost wages, medical expenses, embarrassment, humiliation, mental and emotional distress~ inconvenience'l damage to their reputation, deterioration of their emotional and physical health, and loss of enjoyment of life.
FIRST CLAIM FOR RELIEF
Violation of Title VII 47. Plaintiff-Intervenors reallege and incorporate by reference paragraphs 1-46 above. 48. From around November 2002 until around February 2003, Defendants engaged in
unlawful employment practices at the Leicester Subway, in violation of Section 703(a)(I) of Title VII, 42 U.S.C. § 2000e-2(a)(I), as set forth below: a. Defendants subjected Plaintiff-Intervenors to sexual harassment that created a
sexually hostile work environment based on their sex, female. The harassment included, but was not limited to, unwelcome sexual comments, gestures, and touching by Manager who had supervisor authority over Plaintiff-Intervenors. Some of the Plaintiff-Intervenors complained about the sexual harassment and
·11-

•

•

Defendants otherwise knew or reasonably should have known about the sexual
harassment.
b. As a result of the sexual harassment, Cooper, Green'! and Jackson were forced to
resign. Defendants constructively discharged Cooper, Green, and Jackson. 49. The effect of the practices complained of in paragraph 48 above has been to deprive
Plaintiff-Intervenors of equal employment opportunities and otherwise adversely affect
their status as employees because of their sex, female. 50. The unlawful employment practices complained of in paragraph 48 above were done with
malice or with reckless indifference to the federally protected rights of Plaintiff-
Intervenors. 51. The unlawful employment practices complained of in paragraph 48 above were
intentional. 52. As a proximate result of Defendants' discrimination against Plaintiff-Intervenors on
account of their sex, Plaintiff..Intervenors suffered damages consisting of lost wages and continue to suffer the effects of such discrimination, and are entitled to recover
compensatory damages and to recover back pay and other equitable relief: as provided by
law.
53. Defendants acted intentionally, willfully, and wantonly, or with reckless disregard of the
legal rights of PlaintifI-Intervenors, and accordingly Plaintiff..lntervenors are entitled to
recover punitive damages from Defendants in such amounts as may be determined by the trier of fact.

-12-

54. Plaintiff-Intervenors are further entitled to recover reasonable attorneys' fees, costs, and
expenses of this action and such interest as may be allowed by law. SECOND CLAIM FOR RELIEF
Wrongful Discharge in Violation of Public Policy (Cooper, Green~ and Jackson v. Defendants)
55. Plaintiff-Intervenors Cooper, Green, and Jackson reallege and incorporate by reference
paragraphs 1-54 of this complaint. 56. The public policy of North Carolina, as expressed in North Carolina General Statute §
143-422.2, is "to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of ... sex
... by employers which regularly employ 15 or more employees."
57. This stated public policy recognizes that '~the practice of denying employment opportunity and discriminating in the terms of employment foments domestic strife and unrest, deprives the State of the fullest utilization of its capacities for advancement and development, and substantially and adversely affects the interest of employees, employers, and the public in general.~' N.C. Gen. Stat. § 143 ..422.2
58. Defendants' acts in requiring Cooper, Green, and Jackson to work in a hostile environment of sexual harassment, resulting in their constructive discharge, violated the above-stated public policy,
59. Cooper, Green, and Jackson suffered mental and emotional distress, lost wages, and other compensatory damages, in amounts to be determined at trial, as a direct and proximate result of Defendants' wrongful discharge of them in violation of North Carolina public policy.
-13-

60. Defendants' conduct, as described herein, was malicious and in willful or wanton
disregard of Plaintiff-Intervenors' rights, and accordingly Cooper, Green, and Jackson are
entitled to recover punitive damages as provided by N.C. Gen. Stat. § 1D-15(a) in such amounts as may be determined by the trier of fact.
THIRD CLAIM FOR RELIEF Intentional In:fliction of Emotional Distress
(Cooper, Jackson, and Powell v. Defendants) 61. Plaintiff..lntervenors Cooper, Jackson, and Powell reallege and incorporate by reference
paragraphs 1-54 of this complaint.
62. During Plaintiff..lntervenors' employment at the Leicester Subway, Manager engaged in
conduct designed and calculated to abuse, harass, oppress, and intimidate PlaintiffIntervenors, as described herein. 63. The sexually offensive conduct of Manager and the conduct of Defendants, as described
herein, was extreme, outrageous, and beyond the bounds usually tolerated by a decent
society. 64. In addition, Defendants knew or should have known that the conduct of Manager and
Defendants would likely result in the infliction of emotional distress upon female
employees, including Cooper, Jackson, and Powell. 65. The conduct of Manager and Defendants was intended to cause Cooper, Jackson, and
Powell to suffer severe emotional distress, or was carried out in reckless disregard as to whether it would inflict severe emotional distress upon them, or was certain or substantially certain to result in severe emotional distress to them.
.. 14-
_ . - . .. ...,

66. The conduct of Manager and Defendants did in fact cause Cooper, Jackson, and Powell to suffer severe emotional distress.
67. As alleged above, Manager acted within the course and scope of his responsibilities as Defendants' manager; Manager was aided in accomplishing his acts by his supervisory authority; and Defendants, through its officers and managers, authorized, approved, condoned, and ratified the conduct of Manager and effectively authorized Manager to subject female employees to the intentional infliction of emotional distress. Accordingly, Defendants are liable for all acts of its employees~ as well as for their own acts, and for the resulting injury and damages to Plaintiff-Intervenors.
68. As a direct and proximate result of Manager's and Defendants' conduct and of Defendants' condonation and ratification of Manager's conduct, Cooper, Jackson, and Powell suffered extreme emotional distress, mental anguish~ humiliation, embarraSSlnent, and pain; have incurred medical expenses for treatment of the distress; have lost income from the loss of her employment; and have sustained other damages, in amounts to be determined at trial.
69. Defendants' conduct, as described herein, was malicious and in willful or wanton
disregard of Plaintiff-Intervenors' rights, and accordingly Cooper, Jackson, and Powell
are entitled to recover punitive damages as provided by N.C. Gen. Stat § ID-15(a) in
such amounts as may be determined by the trier of fact.
-15 ..

FOURTH CLAIM FOR RELIEF
Negligent Infliction of Emotional Distress
(Cooper, Jackson, and Powell v. Defendants) 70. Plaintiff-Intervenors Cooper~ Jackson, and Powell reallege and incorporate by reference
paragraphs 1-54 above.
71. Alternatively, Manager, in engaging in sexually offensive conduct towards Cooper, Jackson, and Powell, acted negligently and/or with reckless disregard as to whether his acts would inflict severe emotional distress upon them. Manager's negligence and/or his
reckless acts are imputed to his employer, Defendants. 72. As alleged above, Manager acted within the course and scope of his responsibilities as
Defendants' manager; Manager was aided in accomplishing his acts by his supervisory
authority; and Defendants, through its officers and managers, authorized, approved, condoned, and ratified the conduct of Manager, and failed to take reasonable action to protect Plaintiff-Intervenors. Accordingly, Defendants are liable for all acts of its employees against Plaintiff-Intervenors. 73. Defendants were negligent and/or grossly negligent in failing to prevent Manager's sexually offensive conduct and in failing to take reasonable measures to protect female employees, including Cooper, Jackson, and Powell from the effects of such conduct once
it had occurred.
74. In addition, Defendants knew or should have known that the conduct of Manager and Defendants would likely result in the infliction of emotional distress upon female employees, including Cooper, Jackson, and Powell.
-16-

..~ .
75. As a direct and proximate result of Defendants' negligence, Cooper, Jackson, and Powell suffered extreme emotional distress, mental anguish, humiliation, embarrassment, and pain; have incurred medical expenses for treatment of the distress; have lost income from the loss of their employment; and have sustained other danlages, in amounts to be determined at trial.
76. Defendants~ conduct, as described herein, was in willful or wanton disregard of PlaintiffIntervenors' rights, and accordingly Cooper, Jackson, and Powell are entitled to recover
punitive damages as provided by N.C. Gen. Stat. § ID-15(a) in such amounts as may be
determined by the trier of fact.
FIFTH CLAIM FOR RELIEF
Assault
77. Plaintiff-Intervenors reallege and incorporate by reference paragraphs 1-54 of this
complaint. 78. During Plaintiff·Intervenors' employment at the Leicester Subway, Manager repeatedly
assaulted Plaintiff-Intervenors in his persistent sexual harassment of Plaintiff-Intervenors. Manager's conduct, as described herein, placed Plaintiff-Intervenors in reasonable apprehension and fear for continued harassment. 79. As alleged above, Defendants are liable for Manager~s assaults on Plaintiff-Intervenors in that Manager committed such assaults in the course and scope of his responsibilities as
Defendants' manager; Manager was aided in accomplishing his acts by his supervisory
authority~ and Defendants, through their officers and managers, authorized, approved,
.. 17-

•
condoned, and ratified said conduct, and failed to take reasonable action to protect Plaintiff-Intervenors.
80. Accordingly, Defendants are liable for all acts of its employees against PlaintiffIntervenors.
81. As a direct and proximate result of the unlawful actions of Manager, Plaintiff-Intervenors suffered mental and emotional distress, lost wages, and other compensatory damages, in amounts to be determined at trial.
82. Manager's conduct, as described herein, was malicious and in willful or wanton disregard of Plaintiff-Intervenors~ rights, and accordingly Plaintiff-Intervenors are entitled to recover punitive damages as provided by N.C. Gen. Stat. § ID.. 15(a) in such amounts as may be deternlined by the trier of fact. SIXTH CLAIM FOR RELIEF Battery
83. Plaintiff-Intervenors reallege and incorporate by reference paragraphs 1-54 of this complaint.
84. During Plaintiff-Intervenors' employment at the Leicester Subway, Manager committed
battery upon Plaintiff-Intervenors by repeatedly and willfully touching PlaintiffIntervenors, without their consent and against their protest, in a rude and offensive
manner.
85. As alleged above, Defendants are liable for Manager's battery upon Plaintiff-Intervenors in that Manager committed such battery in the course and scope of his responsibilities as
Defendants~ manager; Manager was aided in accomplishing his acts by his supervisory
·18-

.~
authority; and Defendants, through their officers and managers, authorized, approved, condoned, and ratified said conduct, and failed to take reasonable action to protect Plaintiff-Intervenors. 86. As a direct and proximate result of the unlawful actions of Manager, Plaintiff..lntervenors suffered mental and emotional distress, lost wages, and other compensatory damages, in amounts to be determined at trial. 87. Manager's conduct, as described herein, was malicious and in willful or wanton disregard
of Plaintiff-Intervenors' rights, and accordingly Plaintiff..lntervenors are entitled to recover punitive damages as provided by N.C. Gen. Stat. § ID-15(a) in such amounts as may be determined by the trier of fact.
SEVENTH CLAIM FOR RELIEF
Negligent Hiring
88. Plaintiff-Intervenors reallege and incorporate by reference paragraphs 1-54 of this
complaint.
89. Defendants owed a duty of ordinary care to Plaintiff..Intervenors in its hiring of
supervisory employees in order to maintain a workplace free from sexual harassment and to protect Plaintiff..Intervenors and Defendants' other female employees from a supervisor's sexually offensive conduct.
90. Upon infoffilation and belief, at or prior to hiring Manager, Defendants knew or should
have known, had they used ordinary care in the hiring procedure, that Manager had a propensity to subject females to unwelcome and offensive sexual conduct, and that these personal traits rendered him unfit to hold a supervisory position because, in such capacity;
-19-

.......,.
he was required to hire, supervise, and work directly with female subordinates. In light of Manager's reputation, of which Defendants were or should have been aware, Defendants knew or should have known that Manager would sexually harass Plaintiff-Intervenors and other female employees.
91. In the exercise of ordinary care, Defendants should not have hired Manager in a position
in which he could harass Plaintiff-Intervenors and other female employees. 92. Defendants breached their duty of reasonable care owed to Plaintiff-Intervenors by hiring
Manager in a position in which he could harass them. 93. As a direct and proximate result of Defendants' negligence in their hiring ofManager~
Plaintiff..lntervenors suffered mental and emotional distress, lost wages, and other
compensatory damages, in amounts to be determined at trial.
94. Defendants' conduct, as described herein, was in willful or wanton disregard of PlaintiffIntervenors' rights, and accordingly Plaintiff-Intervenors are entitled to recover punitive damages as provided by N.C. Gen. Stat. § ID-lS(a) in such amounts as may be determined by the trier of fact. EIGHTH CLAIM FOR RELIEF Negligent Supervision and Retention
95. Plaintiff-Intervenors reallege and incorporate by reference paragraphs 1..54 of this
complaint.
96. Defendants owed a duty of ordinary care to Plaintiff-Intervenors to maintain a workplace
free from sexual harassment and to protect Plaintiff-Intervenors and Defendants" other
female employees from a supervisor's sexually offensive conduct.
.. 20 ..

97. Defendants knew or should have known, had they used ordinary care, that Manager had a
propensity to subject female employees to unwelcome and offensive sexual conduct and that these personal traits rendered him unfit to hold a supervisory position because, in
such capacity, he was required to hire, supervise, and work directly with female
subordinates. In light of Manager's reputation, of which Defendants were or should have been aware, Defendants knew or should have known that Manager would sexually harass Plaintiff-Intervenors and other female employees. 98. In the exercise of ordinary care, Defendants should have terminated Manager before they hired Plaintiff-Intervenors. 99. In the exercise of ordinary care, Defendants should have terminated Manager when they became aware of his behavior toward Plaintiff-Intervenors and other female employees.
100. By failing to prevent Manager's conduct, by allowing such conduct to persist, by permitting a supervisor with Manager~s reputation to work closely with PlaintiffIntervenors, by failing to adequately supervise Manager, by failing to discipline or to
discharge Manager, by not providing Plaintiff-Intervenors a safe place to work away from Manager once they became aware of his conduct, and by constructively discharging
Cooper, Green, and Jackson, Defendants breached their duty of reasonable care owed to Plaintiff-Intervenors. 101. As a direct and proximate result of Defendants' negligence in their supervision and retention of Manager, Plaintiff-Intervenors suffered mental and emotional distress, lost wages, and other compensatory damages, in amounts to be determined at trial.
-21-

•

102. Defendants' conduct., as described herein, was in willful or wanton disregard of Plaintiff-

Intervenors' rights, and accordingly Cooper, Jackson, and Powell are entitled to recover

punitive damages as provided byN.e. Gen. Stat. § ID-lS(a) in such amounts as may be

determined by the trier of fact.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff..lntervenors pray the Court:

1.

Grant a pennanent injunction enjoining Defendants, their officers, successors~ assigns,

and all persons in active concern or participation with them, from sexual harassment or

any other employment practice that discriminates on the basis of sex and from retaliating

against employees who oppose unlawful discrimination~ make a charge of unlawful

discrimination, or participate in an investigation of unlawful discrimination~

2.

Order Defendants to institute and carry out policies, practices, and programs that provide

equal employment opportunities for women and which eradicate the effects of its past and

present unlawful employment practices;

3. Order Defendants to make Plaintiff-Intervenors whole by providing appropriate back-pay

with prejudgment interest, in amounts to be determined at trial, and other affirmative

relief necessary to eradicate the effects of its unlawful employment practices, including"

but not limited to, reinstatement;

4.

For Judgment against Defendants, jointly and severally, for compensatory damages in a

sum sufficient to make Plaintiff-Intervenors whole by providing compensation for past

and future pecuniary losses resulting from Defendants' unlawful activities described

herein, including medical expenses, in amounts to be determined at trial~

-22-

5. For Judgment against Defendants, jointly and severally, for compensatory damages in a
sum sufficient to make Plaintiff-Intervenors whole by providing compensation for past
and future nonpecuniary losses resulting from Defendants' unlawful activities described
herein, including, but not limited to, emotional pain, suffering, inconvenience, loss of
enjoyment of life, humiliation, loss of self-esteem, and loss of civil rights, in amounts to
be deterrnined at trial; 6. For Judgment against Defendants, jointly and severally, for punitive damages in amounts
to be determined at trial as provided by law; 7. For recovery of Plaintiff-Intervenors' costs herein, including reasonable attorneys' fees
pursuant to 42 U.S.C. § 1988; 8. For such further relief to which Plaintiff..Intervenors may be entitled in law or in equity.
JURY TRIAL DEMAND
Trial by jury is hereby demanded as to all issues so triable.
Respectfully submitted, this the 13th day of May, 2005.
THE ADAMS LA W FIRM
BY:
J sica E. Leaven 81-B Central Avenue Asheville, NC 28801
Telephone: (828) 251-1821
State Bar No. 27832
AttorneY,for Plaintiff-Intervenors
-23"

• • • ••• - .. .. . . .... -" . __ . ... .. .. _ . _

.. ~ _ _ " J ... ~ . ........ ~ , - . .. . -_... . - _ •• - _ ••.•• ' • • • - .• •

..

..

.. , .... ~

CERTIFICATE OF SERVICE
This is to certify that I have this day served all other parties to this action or their
attomey(s) in their attorney's representative capacity with a copy of the foregoing Complaint in Intervention of Inten'enors Melanie Cooper, Crystal Green, Christina Jackson, and Danita Powell by service by mail (depositing a copy enclosed in a post-paid, properly addressed wrapper
in a post office or official depository under the exclusive care and custody of the United States Postal Service), addressed as follows:
Kara Gibbon Haden Senior Trial Attorney
Equal Employment Opportunity Commission
Charlotte District Office
129 West Trade Street, Suite 400
Charlotte, NC 28202
Attorneyfor Plaintiff
Ronald C. True Law Offices of Ronald C. True
One Oak Plaza, Suite 106 Asheville, NC 28801
John C. Cloninger
W. Bradford Searson
Cloninger, Lindsay, Hensley & Searson, P~L.L.C.
366 Merriman Avenue Asheville, NC 28801
Attorneysfor Defendants

This the 13th day of May, 2005.

•
BY:
Je sica E. Leaven
81-8 Central Avenue
Asheville, NC 28801 Telephone: (828) 251 .. 1821 State Bar No. 27832

-24-
....-"q_t_- ---.._--,---,_ . _____ r _u._ • __....-.-'.-...-bl- - - - -. .---·---"""--_1_6__"0__. _.1_ _ _.. _rl_.'_,__::z:Iaa:-----------.-. ----_ .,.

CERTIFICATE OF SERVICE

This is to certify that I have this day served all other parties to this action or their attorney(s) in their attorney's representative capacity with a copy of the foregoing Complaint in
Intervention of Intervenors Melanie Cooper, Crystal Green, Christina Jackson, and Danita
Powell by service by mail (depositing a copy enclosed in a post..paid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States
Postal Service), addressed as follows:

Eric S. Dreiband, General Counsel James L. Lee, Deputy General Counsel Gwendolyn Young Reams, Associate General Counsel Equal Employment Opportunity Commission
1801 L Street, N.W.
Washington, D.C. 20507

Lynette A. Barnes, Acting Regional Attorney Kara Gibbon Haden, Senior Trial Attorney Equal Employment Opportunity Commission
Charlotte District Office 129 West Trade Street, Suite 400
Charlotte, NC 28202 Attorneysfor Plaintiff

Ronald C. True Law Offices of Ronald C. True
One Oak Plaza, Suite 106 Asheville, NC 28801

John C. Cloninger
W. Bradford Searson
Cloninger, Lindsay, Hensley & Searson, P.L.L.C. 366 Merrimon Avenue Asheville, NC 28801
Attorneys/or Defendants

This the 8th day of June~ 2005.

BY:

L ~~---=.;;.~--~------=:.....--J sica E. Leaven

81-B Central Avenue

Asheville, NC 28801

Telephone: (828) 251-1821

State Bar No. 27832

-25-

.

--.... .. ..

..-

-~ ',

. -- ... _._-_. ...- _.. _--_ . - -... ._.

... - .. - .... ........--~ ~..

 
 Case 105-cv-00046 Document 25 Filed 07/08/2005 Page 1 of 10

i .

, .

F"/

~

.

IN THE UNITED STATES DISTRICT COURT

... .. ~

FOR THE WESTERN DISTRICT,QF NORTWCAROLINA

I~

ASHEVILLE DIVISION

, N. C
'JUt .. 8_ •

EQUAL EMPLOYMENT

)

. ~
Us. DlsrR
W. Dlsr ler Cau
• OF N Rr

OPPORTUNITY COMMISSION,

)

CIVIL ACTION NO. 1:05-CV-46-T • C.

)

Plaintiff,

)

)

VS.

)

)

SUBWAY OF ASHEVILLE #7, L.L.C., )

COMPLAINT IN INTERVENTION

AHMAD ENTERPRISES OF NORTH )

CAROLINA, INC., SUBWAY OF

)

OF INTERVENOR JENNIFER GRADY

•

•

It

CANTON, INC., SUBWAY OF

)

MERRIMON AVENUE, INC., and

)

SUWAN SUBWAY, L.L.C.,

)

)

Defendants.

)

--------~----------~-------/

-

Pursuant to Rule 24(a) of the Federal Rules of Civil Procedure and 42 U.S.C. § 2000e-

1,;

,

5(f)(1), Intervenor Jennifer Grady alleges and says as follows:

ACTION

1. This is an action instituted pursuant to Title VII of the Civil Rights Act of 1964,

and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis

of sex committed by the Defendants, and to provide appropriate relief to Jennifer Grady, who

was directly, adversely affected by such practices. The Intervenor is a "person aggrieved" within
the meaning of 42 U.S.C. § 2000e-5(f)(1)~ and intervenes in this action as a matter of right.

JURISDICTION AND VENUE

2. Jurisdiction of this Court is invoked pursuant to 28 ·U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

1. ____L_ ......._._._._I_ _ _ _ _ _ L ___ _

W'IId_U&_ _ rr _ _ _. _ ... _ " R _ _ _ __L_ _ .-..-.............--................_ ...... _ . ................----.--'---...............-... .....

~ ~.-

. •....

_--n_ .-..........._.. - - .. -. w_ _ _ •

-t.

_

.....- - _ .................. - ....... _ _ .•. -_.

. ..

··~_TTTT .~ -

Case 105-cv-00046 Document 25 Filed 07/08/2005 Page 2 of 10
,

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

3. The unlawful conduct alleged herein was committed in this district, and ven.ue is

therefore proper in this Court.

PARTIES

4~

Plaintiff EEOC is an agency of the United States of America charged with

administration, interpretation and enforcement of Title VII and is expressly authorized to bring

this action by § 706(0(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

5. At all relevant times, Defendant Subway of Asheville #7, LLC has continuously

been a North Carolina Corporation doing business in the State of North Carolina and the County

of Buncombe.

6. At all relevant times, Defendant Alunad Enterprises of North Carolina, Inc., has

continuously been a North Carolina Corporation doing business in the State of North Carolina

and the County of Buncombe.

7. At all relevant times, Defendant Subway of Canton, Inc. has continuously been a

North Carolina Corporation doing business in the State of North Carolina and the County of

Haywood.

8. At all relevant times, Defendant Subway of Merrimon Avenue, Inc. has

continuously been a North Carolina Corporation doing business in the State of North Carolina

and the County of Buncombe.

9. At all relevant times, Defendant Subway Subway, LLC has continuously been a

North Carolina Corporation doing business in the State of North Carolina and the County of

McDowell.

t1z1s iLL

.vn.

J RIIm. •

"" flPR:1II!L

d

5JIIR1IF b

'"

.................. .'.L _. - ...

........ ,.-.-... _ -.-.--,-.~~- ... ' " ' _ ,_ _a _ :.......-

... _ _ _ _ _ _ _ _ _ _ ... _-~---

~~.--

Case 1:05-cv-00046 Document 25 Filed 07/08/2005 Page 3 of 10
•
10. On infofIllation and belief, Defendants have operated as an integrated business
enterprise since at least January, 1996, and maintain their principal place of business in Asheville, North Carolina.
11. At all relevant times, as an integrated business enterprise Defendants continuously had at least fifteen (15) employees.
12. At all relevant times, Defendants jointly and severally, have continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
13. Intervenor is a female citizen of the United States, who resides in North Carolina, and is a "person aggrieved" within the meaning of 42 U~S.C. § 2000e-5(t)(1), who intervenes in
this action as a matter of right.
COUNT ONE SUBSTANTIVE AI-!LEGATIONS, SEXUAL HARASSMENT
AND DISCRIMINATION; RETAI.JIATION
14. More than thirty (30) days prior to the institution of this lawsuit, Intervenor filed a
charge with the EEOC alleging violations of Title VII by Defendants. All conditions precedent
to the filing of this lawsuit have been timely fulfilled~
15. In or around October, 2002, Defendants subjected Intervenor to sexual harassment, which included but is not necessarily limited to unwanted touching, comments of a sexual nature, offers to support her in return for sexual favors and other unwanted severe and/or pervasive conduct of a sexual nature, and, upon her complaints to Defendants of the unlawful conduct, Defendants retaliated against her. That on or about November 6, 2002, Defendants engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C.
---_oJ.___________ ___ _ ~iX4_.~l~ __l__ _ _ _ i # __.__-__•_•~l.~I_. pl_ _ _ _----··--·----"·'--·------,,----~-----'_ _ _T_ ••_Ji_ _ Q - - - - - - L - & - n - - - - - - - - - - - - -

Case 1:05-cv-00046 Documenl25 Filed 07/08/2005 Page 4 ot 1U
•
§ 2000e-3(a), by discharging her in retaliation for engaging in a protected activity, to wit: filing a charge of discrimination against two (2) of the named Defendants in October, 2002.
16. The effect of Defendants' actions, as alleged herein, were to deprive Intervenor of equal employment opportunities and othenvise adversely affected her status as an employee because of her sex, female, and because she engaged in activity protected by Title VII.
17. As a proximate result of Defendants' discriminatory treatment of Intervenor, the Intervenor has been haIlned and is entitled to recover her damages from Defendants including but not limited to back wages, front wages, job search expenses and medical expenses, together with interest thereon.
18. The Defendants' discriminatory treatment of Intervenor, as alleged herein, was intentional, willful and wanton, and Defendants engaged in said conduct with malice and requisite indifference to the federally protected rights of the Intervenor to be free from sex discrimination. The Intervenor is therefore entitled to recover punitive damages pursuant to 42
u.s.c. § 1981 a(b)( 1).
COUNT TWO INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
19. That the allegations set forth in paragraphs one (1) through eighteen (18) above are hereby reaIleged and incorporated by reference herein.
20. That the above described acts of Defendants and their supervisory employees were extreme and outrageous and were intentionally and/or recklessly perpetrated against the Intervenor by said Defendants~ which resulted in the Intervenor suffering severe mental and emotional distress; that Defendants also did ratify, condone and adopt the conduct of its
supervisory employees by failing to stop his misconduct after it was put on actual and
constructive notice of said misconduct, and/or by its failure to terminate the employment of the

·...

v

41

i.

: :

2 w.

ZIT

UP 'til J

... 'WIlt ...... ,

.,•.IIII:ZlKI 1 pczq:

*zI

'II" r Sf

--

n

...

.,.

b Li!ICi!!B

bI

Case 105-cv-00046 Document 25 Filed 07/08/2005 Page 5 of 10

harassing supervisory employee(s); along with its action in taking, assisting and ratifying

retaliatory actions; that such acts constitute intentional inflection of mental and emotional

distress. 21.

COUNT THREE
- NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
That the allegations set forth in paragraphs one (1) through twenty (20) above are

hereby realleged and incorporated by reference herein.

22. That Defendants negligently failed to adopt and enforce policies, procedures, or

other mechanisms by which individuals who are subjected to sexual harassment by supervisory

employees may effectively complain of such conduct; that Defendants knew, or in the exercise

of reasonable care, should have known that one or more of their supervisory employees engaged

in sexually harassing behavior but turned a blind eye to actual complaints of egregious sexual

harassment committed by said employee(s); on infornlation and belief hired employees who

were known to have engaged in unlawful sexual harassment of females previously; on

infortnation and belief, hired employees without providing them instruction, education or

training on the nature and unlawfulness of sexual harassment; and Defendants have taken no

effective action to correct, prevent or remedy the effect of sexual harassment

23. That by virtue of Defendants' negligent failure to adopt, promulgate, publish and

enforce policies, procedures or other complaint mechanisms by which individuals who are

subjected to sexual harassment by their supervisory employees may complain of such conduct,

and by their negligent failure to provide instruction, education and training on the nature and

unlawfulness of sexual harassment to supervisory employees, Defendants have caused Intervenor

to suffer pecuniary and emotional injuries, some of which are pennanent.

_I_._______ _9 ,.t _.....:_It_...l... l - - - ' .._.- ' _ 4

n _ _ _ 4F _ _ m _ _ lI•

-~.---,-~-"'~--~.~---- •. -,--~--,,-,_ .

"..p. . .

t _ _ _. . . . . r_ _F_ l _ 41* _ _ _ _ _ _ _ _ _

Case 105-cv-00046 Document 25 Filed 07/0812005 Page 6 of 10

24. That notwithstanding Defendants' actual and/or constructive knowledge of the

misconduct of their supervisory employees, Defendants willfully and/or negligently failed to

intercede on Intervenor's behalf or take any effective action to correct, prevent, or remedy the

effect of the misconduct, thereby ratifying, condoning and adopting their supervisory employee's

conduct and causing Intervenor to suffer pecuniary and emotional injuries, some of which are

pernlanent.

COUNT FOUR
NEGLIGENT RETENTION

25~ That the allegations set forth in paragraphs one (1) through twenty-four (24)

above are hereby realleged and incorporated by reference herein.

26. That Defendants knew, or in the exercise of reasonable care should have knownt of the supervisory employee's prior similar misconduct directed at female employees, which is

alleged upon infornlation and belief and/or his reputation for sexual harassment of female

employees.

27. That notwithstanding Defendants' actual and/or constructive knowledge of the

alleged misconduct, Defendants failed to adequately supervise him or intercede on Intervenor's

behalf and negligently retained said supervisory employee as an employee, thereby ratifying,

condoning and adopting said supervisory employee's conduct and causing Intervenor to suffer

pecuniary and emotional injuries, some of which are pemlanent

28~ That instead of discharging said supervisory employee for his egregious

misconduct, Defendants punished Intervenor and others for reporting the same, thereby ratifying,

condoning and adopting said misconduct and causing Intervenor to suffer pecuniary and

emotional injuries, some of which are pennanent.

r on . Pl

"11 F

-- ..... , -. -~.-.-----

0_- ·-·····'···---~~~_~~~~~~_~~~~=~.~~~~~._~~u~~~~~~~

Case 105-cv-00046 Document 25 Filed 07/08/200b I-'age / or w

COUNT FIVE

WRONGFUL TERMINATION

F

b

29. That the allegations set forth in paragraphs one (1) through twenty-eight (28)

above are hereby realleged and incorporated by reference herein.

30. That by engaging in the actions complained of herein, Defendants violated the

common law and public policy of North Carolina as set forth in N.C.G~S~ § 143-422~2.

31 ~ That as a consequence of Defendants' misconduct Intervenor has suffered mental

and emotional distress; lost wages and benefits of employment.

COUNT SIX

PUNITIVE DAMAGES

F

T

32. That the allegations set forth in paragraphs one (1) through thirty-one (31) above

are hereby realleged and incorporated by reference herein~

33. That Defendants' actions alleged hereinabove were willful, wantont intentional,

and in total disregard of the rights of Intervenor, requiring Defendants to be liable to Intervenor

for punitive damages.

PRAYER FOR RELIEF M
WHEREFORE, the Intervenor respectfully requests that the Court:

A. Grant a perlrlanent injunction enjoining Defendants, their officers, successors,

assigns, and all persons in active concert or participation with them, from engaging in sexual

harassment of women, retaliating against employees for engaging in protected activities, and

from any other employment practice which discriminates on the basis of sex;

B. Order that the Defendants institute and carry out policies, practices and programs

that provide equal employment opportunities for women and which eradicate the effects of their

past and present unlawful employment practices;

-.

n

. , 11

xa i in. b II

_ .., ,

, ._ ........ _.

. "'~"-.""'''''I'-f'o'' I

n • •

i'

P

U ~d'

Case 1:05-cv-00046 Document 25 Filed 07/08/2005 Page 8 of 10
•
c. Order Defendants to make the Intervenor whole, by providin.g appropriate back pay and benefits with prejudgment interest, in amounts to be determined at trial, and other affirrnative relief necessary to eradicate the effects of their unlawful employment practices,
-
including but not limited to reinstatement;
D. Order Defendants to make Intervenor whole by providing compensation for past and future pecuniary losses resulting from the unlawful practices described herein" including job search expenses and medical expenses, in amounts to be detemlined at trial;
E. Order Defendants to make Intervenor whole by providing compensation for past
and future nonpecuniary losses resulting from the unlawful practices complained of herein, including emotional pain} suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of self-esteem, in amounts to be detertnined at trial.
F. Order Defendants to pay Intervenor punitive damages for their intentional, willful, malicious and reckless conduct described herein, in an amount to be deterlnined at trial.
G. Award Intervenor her reasonable attorneys' fees and costs; H. Grant such further relief as the Court seems just and appropriate.
JURY D, EMAND INTERVENOR REQUESTS A JURY TRIAL ON ALL FACT QUESTIONS RAISED IN HER COMPLAINT IN INTERVENTION.
This the <t~ay of July. 2005.
/J
,1 . )
,
PAUL LOUIS DWELL (NC Bar No. Attorney for Intervenor, Jennifer Grady 29 North Market Street Suite 700 Asheville, NC 28801 (828) 252-0490

_ _ _ _ _ _: _i:i""_IR _, , - , ,_ _ _IIF_ld_ _ a _ _

_L-.-'. __ ..........· .... . . . .

._~.

-'.~

,

•

Case 1:05-cv-00046 Document 25 Filed 07/08/2005 Page 9 of 10

STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE

~ V.E....

RI
~-

F.....I... C~A-

T.....I...O.....N-

JENNIFER GRADY, being first duly sworn, deposes and says:
That she is the Intervenor in the foregoing action; that as such she has read the foregoing
COMPLAINT IN INTERVENTION OF INTERVENOR JENNIFER GRADY and knows
the contents therein; that the same is true of her own knowledge, except as to those matters and things therein stated upon information and belief, and as to those matters and things, she verily believes them to be true~

..
IFERG
--------
Sworn and Subscribed before me this th«.tfthlday of May, 2005.

My Commission Expires:

I..-"_III_.. .....J..._ ......'_a_II_ _•__.......

_'-..-.......-.-J_"=··I. - ··- ..·--·-~~rllsa:..... FFTF

.,.. ...... -

'U_l_.'.... ..._ · · -_ _ " ....1.' ... .

_R_ _'__-,_________- .- • - - - - - - -

. ,

Case 1:05-cv-00046 Document 25 Filed OfIUtl!LUU::J t'ags l U UI I U

CERTIFICATE OF SERVICE

j

*

I certify that I have served the foregoing document upon the Equal Employment Opportunity Commission and Environmental Air Systems, Inc., by placing true and correct copies of the same in the United States mail, in postage-paid envelopes addressed as follows:

Kara Gibbon Haden Senior Trial Attorney
U.S. Equal Employment
Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202

Ronald C. True Attomey-at- Law
One Oak Plaza Suite 106 Asheville, NC 28801

John C. Cloninger W. Bradford Searson Cloninger, Lindsay, Hensley &
Searson, P.L.L.C. 366 Merrimon Avenue Asheville, NC 28801

Jessica E. Leaven
Attorney-at-Law Adams Law Firln
81-B Central Avenue
Asheville, NC 28801

in this matter, with a copy of the foregoing "COMPLAINT IN INTERVENTIO.N OF INTERVENOR JENNIFER GRADY".

[X] First Class Mail by depositing in the United States Postal Service, a copy of same· in a properly addressed envelope with adequate postage thereon, or

[] By leaving same at his/her office with a responsible partner or employee.

[ ] By Sheriff Civil Process.
THIS the. '8~day of July. 2005.

PAUL:L IS BIDWELL Attorney for Intervenor, Jennifer Grady

'*._..._, . ,_.._

*

,. _
4

_

_
L

_

_
_

_ I

_ -

-

1b_.....

_

_

_

_S.l1tk_QU_q.W_'_ _,_'"L''''-_._ld_ _ _• _..-.-..-........-........ --- - . I •

....

............ -....... II

11s: .. '

1 b

1

. I.. .,.

.....

&

,

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

And

)

)

MELANIE COOPER, CRYSTAL GREEN, )

CHRISTINA JACKSON and DANITA )

POWELL,

)

Plaintiff-Intervenors, )

)

And

)

)

JENNIFER GRADY,

)

Plaintiff-Intervenor, )

)

v.

)

)

SUBWAY OF ASHEVILLE #7, LLC,

)

AHMAD ENTERPRISES OF NORTH )

CAROLINA, INC., SUBWAY OF

)

CANTON, INC., SUBWAY OF

)

MERRIMON AVENUE, INC., and

)

SUWAN SUBWAY, LLC,

)

Defendants.

)

______________________________________ )

CIVIL ACTION NO. 1:05CV46 CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission")

instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title

VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The

Commission’s complaint alleged that Defendants Subway of Asheville #7, LLC,

Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of

Merrimon Avenue, Inc., and Suwan Subway, LLC (collectively “Defendants”) discriminated against Melanie Cooper, Jennifer Grady, Crystal Green, Christina Jackson, Danita Powell and other similarly situated female employees because of their sex, female. The Commission’s Complaint further alleged that Defendants constructively discharged Melanie Cooper, Crystal Green, Christina Jackson and other similarly situated female employees because of their sex, and that Defendants discriminated against Jennifer Grady by discharging her in retaliation for filing a charge of discrimination. Thereafter, Melanie Cooper, Jennifer Grady, Crystal Green, Christina Jackson, and Danita Powell intervened, through counsel, alleging violations of Title VII and state law, including wrongful discharge in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress, assault, battery, negligent hiring, and negligent supervision and retention. Defendants and each of them have denied and deny all such allegations.
The Commission, Plaintiff-Intervenors, and the Defendants, hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Commission and Plaintiff-Intervenors’ complaints without the burden, expense, and delay of further litigation.
2

It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties, including all claims that were asserted by the individual Plaintiff-Intervenors under federal and state law, as provided in paragraphs 1 through 17 below.
ORDER IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows: 1. Defendants shall not discriminate against any person on the basis of sex or any other protected category within the meaning of Title VII. 2. Defendants shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute. 3. Defendants shall pay damages, costs, and attorneys’ fees in the total amount of One Hundred Forty Thousand Dollars ($140,000.00) in settlement of all claims raised in this action. Defendants shall make payment of One Hundred Twenty-Five Thousand Dollars ($125,000.00) within ten (10) days after the Court
3

approves this Consent Decree and payment of an additional Fifteen Thousand Dollars
($15,000.00) within sixty (60) days after the Court approves this Consent Decree. Of
said total amount, Defendants shall make payment by causing to be issued attorney’s
Trust checks as follows:
A. To each Plaintiff-Intervenor (Melanie Cooper, Jennifer Grady, Crystal Green, Christina Jackson and Danita Powell), damages, costs and attorneys’ fees in the amount of Twenty-Five Thousand Dollars ($25,000.00), subject to the payment schedule described above, and to be allocated according to a written agreement between counsel for Defendants and counsel for the individual Plaintiff-Intervenors;
B. To Jennifer Owens, damages in the amount of Twelve Thousand Five Hundred Dollars ($12,500.00) within ten (10) days after the Court approves this Consent Decree, and in the amount of Two Thousand Five Hundred Dollars ($2,500.00) within sixty (60) days after the Court approves this Consent Decree, for total payment of Fifteen Thousand Dollars ($15,000.00). The checks for Ms. Owens shall be sent directly to Ms. Owens at an address to be provided by the Commission.
Within ten (10) days after each payment, Defendants shall mail to Lynette A. Barnes,
Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade
Street, Suite 400, Charlotte, North Carolina 28202, a copy of each check and proof
of its delivery.
4. Defendant Subway of Asheville #7, LLC shall be responsible for
payment of all monetary sums set forth in paragraph 3, supra, yet the remaining
Defendants shall remain jointly and severally responsible for payment of said sums.
4

5. Within ten (10) days of the entry of this decree by the Court, Defendants shall eliminate from the employment records of Melanie Cooper, Jennifer Grady, Crystal Green, Christina Jackson, and Danita Powell, any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Numbers 140-2003-00093, 140-2003-00436, 140-200303879, 140-2003-04325, 140-2003-04806, and 140-2003-04914 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this decree by the Court, Defendants shall report compliance with this provision to the Commission.
6. Defendants agree to provide each of Melanie Cooper, Crystal Green, Jennifer Grady, Christina Jackson, Jennifer Owens, and Danita Powell with a positive letter of reference, a copy of which is attached hereto as Appendix A, within fifteen (15) days of the entry of this Decree. Within ten (10) days of after mailing the letters of reference to Ms. Cooper, Ms. Green, Ms. Grady, Ms. Jackson, Ms. Owens, and Ms. Powell, Defendants shall report compliance to the Commission. In addition, if Defendants receive any inquiries regarding the employment of Ms. Cooper, Ms. Green, Ms. Grady, Ms. Jackson, Ms. Owens, or Ms. Powell, Defendants shall provide a copy of the letter in lieu of an oral response.
7. Within ninety (90) days of the entry of this Decree by the Court, each Defendant shall adopt, implement, and distribute a formal, written anti-discrimination
5

policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against sexual harassment; procedures for reporting discrimination, including sexual harassment; and a procedure for the thorough and immediate investigation of employee complaints of discrimination and sexual harassment. Each Defendant shall distribute to its current employees a copy of its policy within the aforementioned 90 day time period. Within one hundred (100) days of the entry of this Decree, each Defendant shall report compliance to the Commission. During the term of this Decree, each Defendant shall distribute its policy to all new employees and train the new employee on the policy at the time of hire.
8. During the term of this Decree, each Defendant shall post a copy of its policy described in paragraph 7, supra, in all of its facilities in a place where it is visible to employees. Within ten (10) days after the Consent Decree is entered, each Defendant will post its policy and notify the Commission that it has been posted. If a policy becomes defaced or unreadable, the Defendant shall replace it by posting another copy of the policy.
9. During the term of this Decree, each Defendant shall provide an annual training program to all of its managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title VII of the Civil
6

Rights Act of 1964, and its prohibition against sexual harassment and retaliation in the workplace. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 7, supra, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program for each Defendant shall be completed within one hundred (100) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to each program, the Defendant shall provide the Commission with an agenda for the training program. Within ten (10) days after completion of each training program, the Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
10. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, each Defendant shall conspicuously post the attached Employee Notice, marked Appendix B, hereby made a part of this Decree, in a place where it is visible to employees at its facilities. If a Notice becomes defaced or unreadable, the Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, each Defendant shall notify the Commission that the Notice has been posted pursuant to this provision.
7

11. During the term of this Consent Decree, each Defendant shall provide
the Commission with reports at six (6) month intervals, with the first being due four
(4) months after approval by the Court of this Decree. The reports will include the
following information:
A. the identities of all individuals who have reported or complained of sexual harassment or sexual conduct, including by way of identification each person’s name, last known telephone number and address, social security number, and job title;
B. for each individual identified in 11.A. above, provide a detailed description of the individual’s report/complaint and what action, if any, Defendant took in response to the report/complaint;
C. the identities of all individuals who have opposed any practice made unlawful under Title VII of the Civil Rights Act of 1964, or who have filed a charge, given testimony or assistance, or participated in any investigation, proceeding or hearing under the foregoing statute, including by way of identification each person’s name, address, telephone number, position, and social security number;
D. For each individual identified in 11.C. above, explain whether the individual’s employment status has changed in any respect (for example, including but not limited to, termination, firing, demotion, promotion, or to part-time from full-time); and
E. for each individual whose employment status has changed as identified in 11.D. above, a detailed statement explaining why the individual’s employment status has changed.
In the event there is no activity to report pursuant to this paragraph, the
Defendant(s) having nothing to report shall send the Commission a “negative” report
indicating no activity.
8

12. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendants’ facilities, interview employees and examine and copy documents. However, such inspections, interviews and examinations shall take place at reasonable times during Defendants’ normal business hours and in such a manner so as not to disrupt the orderly ongoing business of Defendants.
13. If anytime during the term of this Decree, the Commission believes that any one or more Defendants is in violation of the Decree, the Commission shall give a reasonably detailed notice of the alleged violation to that Defendant. The Defendant(s) shall have fourteen (14) calendar days in which to investigate and respond to the allegations. Thereafter, the Commission and the Defendant(s) shall have a period of fourteen (14) calendar days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
14. The term of this Decree shall be for four (4) years from its entry by the Court.
15. All reports or other documents sent to the Commission by Defendants pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte, North Carolina 28202.
9

16. Each party shall bear its own costs and attorney’s fees except as otherwise set forth in paragraph 3, supra.
17. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate. The Decree shall expire by its own terms at the end of four (4) years without further action by the parties.
18. The court has conducted an independent review of the proposed consent degree, and finding that the terms of the decree comply with current law, are reasonable, and further the interests of justice, the decree is so entered.
Signed: May 19, 2006
10

The parties jointly request that the Court approve and enter the Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY

JENNIFER GRADY, Plaintiff-Intervenor

COMMISSION, Plaintiff

/s/ Paul L. Bidwell

JAMES L. LEE

PAUL L. BIDWELL (NC Bar No. 12868)

Deputy General Counsel

29 N. Market Street

Asheville, North Carolina 28801

GWENDOLYN YOUNG REAMS

Telephone: 828.252.0490

Associate General Counsel

Facsimile: 828.252.0511

Email:

bidwelllaw@cs.com

/s/ Lynette A. Barnes

LYNETTE A. BARNES (NC Bar No. 19732)

Regional Attorney

SUBWAY OF ASHEVILLE #7, LLC,

Email:

lynette.barnes@eeoc.gov

AHMAD ENTERPRISES OF NORTH

CAROLINA, INC., SUBWAY OF CANTON,

/s/ Kara Gibbon Haden

INC., SUBWAY OF MERRIMON AVENUE,

KARA L. GIBBON HADEN

INC., and SUWAN SUBWAY, LLC.,

(NC Bar No. 26192)

Defendants

Senior Trial Attorney

Charlotte District Office

/s/ Ronald C. True

129 West Trade Street, Suite 400

RONALD C. TRUE (NC Bar No. 13137)

Charlotte, North Carolina 28202

One Oak Plaza, Suite 106

Telephone: 704.344.6887

Asheville, North Carolina 28801

Facsimile: 704.344.6780

Telephone: 828.251.5001

Email:

kara.haden@eeoc.gov

Facsimile: 828.251.1080

Email:

trueatty@bellsouth.net

MELANIE COOPER, CRYSTAL GREEN, CHRISTINA JACKSON and DANITA POWELL, Plaintiff-Intervenors

/s/ Jessica E. Leaven

JESSICA E. LEAVEN (NC Bar No. 27832)

THE ADAMS LAW FIRM

81-B Central Avenue

Asheville, North Carolina 28801

Telephone: 828.251.1821

Facsimile: 828.251.1802

Email:

jesfri@bellsouth.net

/s/ W. Bradford Searson

JOHN C. CLONINGER

(NC Bar No. 9752)

W. BRADFORD SEARSON

(NC Bar No. 18749)

CLONINGER, ELMORE, HENSLEY &

SEARSON, PLLC

366 Merrimon Avenue

Asheville, North Carolina 28801

Telephone: 828.252.1786

Facsimile: 828.252.1874

Email:

cloninger@clhsa.com

searson@clhsa.com

11

APPENDIX A
[Defendant letterhead]
[insert date]
TO WHOM IT MAY CONCERN:
We are pleased to provide the following reference on behalf of our former employee, [Employee Name].
[Employee Name] was employed by Subway of Asheville #7 from [insert date] until [insert date][, and for Jennifer Grady, was employed by Ahmad-Fakoury Enterprises of North Carolina, Inc. from [insert date] to [insert date]]. During her tenure with us, [Employee Name] held the position of [Job Title]. A copy of her job description for the position is attached. Although our reference policy generally limits our comments to the foregoing information, we are willing in [Employee Name’s] situation to affirm that she is an honest and reliable employee who possesses excellent customer service skills. Indeed, we valued [Employee Name’s] services to our organization.
We hope that this information about [Employee Name] is helpful to you in considering her application.
Sincerely,
_________________________ Latif Fakoury Managing Member Subway of Asheville #7 LLC [Ahmad-Fakoury Enterprises of North Carolina, Inc.]

APPENDIX B IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

v.

)

)

SUBWAY OF ASHEVILLE #7, LLC,

)

AHMAD ENTERPRISES OF NORTH

)

CAROLINA, INC., SUBWAY OF CANTON, )

INC., SUBWAY OF MERRIMON AVENUE, )

INC., and SUWAN SUBWAY, LLC,

)

Defendants.

)

_________________________________________ )

CIVIL ACTION NO. 1:05CV46
EMPLOYEE NOTICE

1. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity Commission and Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., and Suwan Subway, LLC in a case alleging discrimination based on sex. Specifically, the EEOC alleged that Defendants subjected female employees to a sexually hostile work environment and constructively discharged some of the affected females, in violation of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”). The EEOC further alleged that Defendants discharged one of the female employees in retaliation for filing an EEOC charge. As a part of the settlement, Defendants agreed to take certain actions as set out in the Consent Decree, appearing of record, resolving this matter.
2. Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual’s race, color, religion, sex, national origin, age (40 or older) or disability. Federal law also prohibits retaliation against employees because they have opposed unlawful employment discrimination, or because they gave testimony or assistance in or participated in an employment discrimination investigation, proceeding, or hearing, or otherwise asserted their rights under the laws enforced by the EEOC.
3. Defendants will comply with such federal laws in all respects. Furthermore, Defendants will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:
Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820
This Notice will remain posted for at least four (4) years by agreement with the U.S. Equal Employment Opportunity Commission. DO NOT REMOVE THIS NOTICE UNTIL: ________________________, 2010.

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...

CLOSED, CONSENT
U.S. District Court Western District of North Carolina (Asheville) CIVIL DOCKET FOR CASE #: 1:05-cv-00046

EEOC v. Subway of A'ville #7, et al Assigned to: Dennis Howell Referred to: Dennis Howell Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
1 of 7

Date Filed: 02/23/2005 Date Terminated: 05/19/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Eric S. Dreiband Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Young Reams Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L. Deputy General Counsel Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara Gibbon Haden Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202
6/12/2007 11:35 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report
Intervenor Plaintiff Melanie Cooper
Intervenor Plaintiff Crystal Green Intervenor Plaintiff Christina Jackson Intervenor Plaintiff Danita Powell Intervenor Plaintiff

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...
704.344.6887 Fax: 704.344.6780 Email: kara.haden@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynette A. Barnes Equal Employment Opportunity Commission Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704.344.6878 Fax: 704.344.6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Erin Leaven Adams Law Firm Adams Law Firm, 81-B Central Avenue Asheville, NC 28801 828-251-1821 Fax: 828-251-1802 Email: jesfri@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Erin Leaven (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Erin Leaven (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Erin Leaven (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

2 of 7

6/12/2007 11:35 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report
Jennifer Grady
V. Defendant Subway of Asheville #7, LLC
Defendant Ahmad Enterprises of North Carolina, Inc.
3 of 7

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...
represented by Paul Louis Bidwell 29 N. Market Street Suite 700 Asheville, NC 28801 828-252-0490 Fax: 828-252-0511 Email: bidwelllaw@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Craig Cloninger Cloninger, Lindsay, Hensley, Searson & Arcuri 366 Merrimon Avenue Asheville, NC 28801 828-252-1786 Fax: 828-252-1874 Email: cloninger@cehslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald C. True One Oak Plaza, Ste. 106 Asheville, NC 28801 828/251-5001 Fax: 828/251-1080 Email: trueatty@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Bradford Searson Cloninger, Lindsay, Hensley, Searson & Arcuri 366 Merrimon Avenue Asheville, NC 28801 828-252-1786 Fax: 828-254-1874 Email: searson@cehslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Craig Cloninger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
6/12/2007 11:35 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report
Defendant Subway of Canton, Inc.
Defendant Subway of Merrimon Avenue, Inc.
Defendant Suwan Subway, LLC
4 of 7

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...
Ronald C. True (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Bradford Searson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Craig Cloninger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald C. True (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Bradford Searson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Craig Cloninger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald C. True (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Bradford Searson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Craig Cloninger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald C. True
6/12/2007 11:35 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Bradford Searson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/23/2005 02/23/2005 03/03/2005 04/05/2005 04/05/2005 04/05/2005 04/05/2005 04/05/2005 04/29/2005
04/29/2005
05/02/2005
05/02/2005

#

Docket Text

1 COMPLAINT (ejb) (Entered: 02/28/2005)
Ntc of Case Assignment Packet & Consent to Trial by Magistrate Form given by Clerk to Pltf's counsel of record (ejb) (Entered: 02/28/2005)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (jhg) (Entered: 03/08/2005)
3 WAIVER OF SERVICE Returned Executed as to Subway of A'ville #7 3/3/05 Answer due on 5/2/05 for Subway of A'ville #7 (jhg) (Entered: 04/07/2005)
4 WAIVER OF SERVICE Returned Executed as to Ahmad Ent of NC Inc 3/3/05 Answer due on 5/2/05 for Ahmad Ent of NC Inc (jhg) (Entered: 04/07/2005)
5 WAIVER OF SERVICE Returned Executed as to Suwan Subway, LLC 3/3/05 Answer due on 5/2/05 for Suwan Subway, LLC (jhg) (Entered: 04/07/2005)
6 WAIVER OF SERVICE Returned Executed as to Subway of Merrimon 3/3/05 Answer due on 5/2/05 for Subway of Merrimon (jhg) (Entered: 04/07/2005)
7 WAIVER OF SERVICE Returned Executed as to Subway of Canton Inc 3/3/05 Answer due on 5/2/05 for Subway of Canton Inc (jhg) (Entered: 04/07/2005)
8 MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/13/2005 (Gosnell, Joan) (Entered: 05/02/2005)
9 MEMORANDUM in Support re 8 MOTION to Intervene filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 05/02/2005)
11 ANSWER to Complaint with Jury Demand by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 05/04/2005)
12 CONSENT to Jurisdiction by US Magistrate Judge by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.. (Gosnell, Joan) (Entered: 05/04/2005)

5 of 7

6/12/2007 11:35 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...

05/03/2005 05/04/2005 05/13/2005 05/13/2005 05/13/2005 05/20/2005 06/08/2005 06/08/2005 06/08/2005 06/24/2005
06/28/2005 06/28/2005 07/05/2005 07/07/2005
07/08/2005 07/27/2005

10 ORDER denying 8 Motion to Intervene . Signed by Judge Dennis Howell on 5/3/05. (Gosnell, Joan) (Entered: 05/03/2005)
13 Case Reassigned to Judge Dennis Howell. Judge Lacy Thornburg no longer assigned to the case. (Gosnell, Joan) (Entered: 05/05/2005)
14 MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/27/2005 (Gosnell, Joan) (Entered: 05/16/2005)
15 MEMORANDUM in Support re 14 MOTION to Intervene filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 05/16/2005)
16 CORRECTED ENTRY #14 MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/27/2005 (Attachments: # 1)(Gosnell, Joan) (Entered: 05/16/2005)
17 ORDER granting granting 16 Motion to Intervene . Signed by Judge Dennis Howell on 5/20/05. (Gosnell, Joan) (Entered: 05/20/2005)
18 Intervenor COMPLAINT , filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell.(Gosnell, Joan) (Entered: 06/08/2005)
DEMAND for Trial by Jury by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 06/08/2005)
19 CONSENT to Jurisdiction by US Magistrate Judge by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell.. (Gosnell, Joan) (Entered: 06/08/2005)
20 ANSWER to Intervenor Complaint by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Barton, Elizabeth) (Entered: 06/24/2005)
21 MOTION to Intervene by Jennifer Grady. Responses due by 6/28/2005 (Barton, Elizabeth) (Entered: 07/01/2005)
22 BRIEF in Support re 21 MOTION to Intervene filed by Jennifer Grady. (Barton, Elizabeth) (Entered: 07/01/2005)
23 ORDER granting 21 Motion to Intervene . Signed by Judge Dennis Howell on 7/5/05. (Barton, Elizabeth) (Entered: 07/05/2005)
24 AFFIDAVIT of Service for Complalint in intervention served on EEOC, Subway of Asheville,Ahmad Enterprises of N.C., Inc., Subway of Canton, Subway of Merrimon Avenue and Suwan Subway on 6/15/05, filed by Crystal Green, Christina Jackson, Danita Powell, Jennifer Grady. (Freeman, Phyllis) (Entered: 07/14/2005)
25 Intervenor COMPLAINT , filed by Jennifer Grady.(Freeman, Phyllis) (Entered: 07/14/2005)
26 ANSWER to Intervenor Complaint by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered:

6 of 7

6/12/2007 11:35 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?235348281624242-L_...

11/08/2005 11/28/2005 05/17/2006 05/19/2006

07/28/2005)
28 CERTIFICATION of initial attorney conference and discovery plan by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell, Jennifer Grady, Equal Employment Opportunity Commission, Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 11/16/2005)
29 SCHEDULING ORDER: Estimated Trial Time: 5 days Discovery due by 4/28/2006. Motions due by 6/1/2006. Mediation deadline set for 5/15/2006. Jury Trial set to commence during 1st civil trial term beginning on 7/31/2006 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Dennis Howell. Signed by Judge Dennis Howell on 11/28/05. (Barton, Elizabeth) (Entered: 11/28/2005)
30 NOTICE by Equal Employment Opportunity Commission of Filing of Proposed Consent Decree (Attachments: # 1 Proposed Order Consent Decree)(Haden, Kara) (Entered: 05/17/2006)
31 CONSENT DECREE for plaintiffs against defendants. Signed by Judge Dennis Howell on 5/19/06. (Gosnell, Joan) (Entered: 05/19/2006)

PACER Service Center

Transaction Receipt

06/12/2007 12:36:39

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:05-cv-00046

Billable Pages: 4

Cost:

0.32

7 of 7

6/12/2007 11:35 AM