Case 5:98-cv-00980-F Document 1 Filed 12/31/1998 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FILE

/Q~n cI FOR THE EASTERN DISTRICT OF NORTH CAROLINA

[)

WESTERN DIVISION

!1ltc 3 i

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

DAuVsIDDIWSTDRAICNTIECL6a~~RK
E. DIST. N. CAROLINA

Plaintiff, v.

)

CIVIL ACTION NO.

)

SQS-cv- (130- Ft))

)

)

COMPLAINT

KMART CORPORATION, Defendant.

)

)

JURY TRIAL DEMAND

)

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

NATURE 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 religion, and to

provide appropriate relief to Delois Drummond, who was adversely

affected by such practices. Plaintiff alleges that Defendant

discriminated against Delois Drummond in violation of Title VII,
,
when it refused to accommodate her religious beliefs and practice

and when it failed to place her into a full-time position becausE~

of her religious beliefs and practice.

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.

Case 5:98-cv-00980-F Document 1 Filed 12/31/1998 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina, Western Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the IlCommission ll ), 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) (1) and (3). 4. At all relevant times, Defendant Kmart Corporation (IlDefendantll), has continuously been a Michigan corporation doing business in the State of North Carolina and the City of Wilson, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Delois Drummond filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Beginning around March 1997, and continuing, Defendant engaged in unlawful employment practices at its Wilson, North
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Case 5:98-cv-00980-F Document 1 Filed 12/31/1998 Page 3 of 5
Carolina facility, in violation of Section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-2(a) (1). The unlawful practices include refusing to accommodate the religious beliefs and practices of Delois Drummond, a Seventh Day Adventist, and refusing to place Ms. Drummond, who was a part-time employee, into a full-time position because of her religious objection to working on her Sabbath.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Delois Drummond of equal employment opportunities and otherwise adversely affect her status as an employee because of her religion.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Delois Drummond.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Kmart Corporation, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in religious discrimination. B. Order Defendant Kmart Corporation to institute and carry out policies, practices, and programs which provide equal
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Case 5:98-cv-00980-F Document 1 Filed 12/31/1998 Page 4 of 5
employment opportunities for all employees without regard to religion, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Kmart Corporation to make whole Delois Drummond, 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 and other damages to be determined at trial.
D. Order Defendant Kmart Corporation to make whole Delois Drummond by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to job search expenses, medical expenses and pecuniary loss resulting from her loss of employment benefits, in amounts to be determined at trial.
E. Order Defendant Kmart Corporation to make whole Delois Drummond by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to determined at trial.
F. Order Defendant Kmart Corporation to pay Delois Drummond punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
4

Case 5:98-cv-00980-F Document 1 Filed 12/31/1998 Page 5 of 5
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.
C. Gregory Stewart General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
o&x
osemary J. F ~iSOrY T °al Attorney
--==~~~ Lynette A. B es Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Telephone: (704) 344 -6887
5

 
 Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 1 of 7

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

OCT 22 'ouq'-
~-
, I

Plaintiff,

)

CIVIL ACTION NO~

)

S:98-CV-980-F(3}

v.

)

)

KMART CORPORATION,

)

)

Defendant.

)

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

CONSENT DECREE

The Equal Employment Opportunity Commission (IIPlaintiffll)

initiated this action on December 31, 1998, against Kmart Corporation (IIDefendant ll ), to enforce the provisions of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et~ ggg. (IITitle VIlli). Plaintiff alleged that Defendant engaged in unlawful employment practices at its facility in Wilson, North Carolina (hereafter IIWilson facilityll) when it failed to

reasonably accommodate the religious practices of Delois Drummond. Defendant denies that it has violated Title VII, and further denies any and all other allegations contained in the

Plaintiff's Complaint. Plaintiff and Defendant desire to avoid protracted,

expensive and unnecessary litigation. Therefore, each has agreed to the entry of this Consent Decree. This Decree, being entered

with the consent of Plaintiff and Defendant, shall not constitute

an adjudication or finding on the merits of the present action

Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 2 of 7
and shall not be used or introduced for any purpose whatsoever in any legal proceeding, except in an action to enforce this Decree.
Neither this Decree, nor the provisions contained herein, shall be interpreted or construed as an admission by Defendant of a violation of Title VII or any other law prohibiting discrimination.
This Decree shall be final and binding upon Plaintiff and Defendant, as well as upon their respective successors, assigns, and all others acting in concert with them.
The Court has jurisdiction over the parties and the subject matter of this action. The Court has reviewed the terms of the proposed Consent Decree and in light of the pleadings and applicable laws and regulations, it has approved this Consent Degree as one which will promote and effectuate the purposes of Title VII.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. As of the date of final approval and entry of this Consent Decree by the Court, this Consent Decree is final and binding upon Plaintiff and Defendant as to all claims raised in Plaintiff's Complaint against Defendant. 2. This Consent Decree shall become effective upon its entry. 3. Defendant shall not discriminate against any applicant or employee because of his or her religion. 4. Defendant shall not discriminate or retaliate in any way against any person because of his or her: (a) participation
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Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 3 of 7
as a complainant or witness in this matteri (b) opposition to any practice made unlawful under Title VIIi (c) filing of a chargei or (d) giving of testimony or assistance in, or participation in any investigation, proceeding or hearing under Title VII. A. Charging Party Relief
5. Within ten (10) days after entry of this Consent Decree, Defendant shall issue a check made payable to Delois Drummond in the amount of three thousand dollars ($ 3,000), and shall mail said check to Ms. Drummond at 200 N. Saratoga Street, Statonsburg, N.C., 27883, by certified mail, return receipt requested. Within fifteen (15) days of the date that the check is mailed, Defendant shall send a copy of the check, along with proof of its delivery, to Mindy E. Weinstein, Regional Attorney, Charlotte District Office, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, N.C. 28202.
6. Defendant shall eliminate from Ms. Drummond's personnel records, all references to the facts and circumstances surrounding the filing of the subject charge and the filing of this suit. In the event that Defendant is requested to provide an employment reference for Ms. Drummond, Defendant shall provide a neutral employment reference. B. Policy Development and Training
7. Within thirty (30) days of the signing of this Consent Decree, Defendant shall adopt an employment policy prohibiting
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Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 4 of 7
discrimination in the workplace based on religion. The policy shall describe the requirements of Title VII, including: (a) Title VII's prohibition against discrimination against any employee or applicant for employment because of the individual's religion with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment; and (b) Title VII's requirement that an employer provide a reasonable accommodation to an employee's religious practice.
8. Defendant shall provide a training program to all of its management and supervisory employees at its Wilson facility concerning the requirements of Title VII, including those requirements set out in paragraph 7 above. This training shall be completed within sixty (60) days after entry of this Consent Decree by the Court. Upon completion of the training, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all persons in attendance at the training. C. Reporting Requirements and Notice Posting
9. Within ten (10) days of the signing of this Consent Decree, Defendant shall conspicuously post the attached Employee Notice in a place where it is visible to employees at its Wilson facility. Said Employee Notice shall remain posted for a period of no less than one (1) year from the date of posting. D. Compliance Review
10. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the
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Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 5 of 7

Commission may inspect Defendant's premises, interview employees

and examine and copy documents.

11. In the event that the Commission believes that a

violation of this Decree has occurred, the Commission shall give

notice of the alleged violation to Defendant prior to exercising

any remedy provided by law. Defendant shall have thirty (30)

days to investigate and respond to any allegation that a

violation has occurred. Thereafter, the Commission and Defendant

shall have a period of thirty (30) days, or such additional

period as may be agreed upon by them, in which to engage in

negotiation and conciliation regarding such allegations before

the Commission exercises any remedy provided by law.

E. Term/Enforcement Jurisdiction/Costs

12. The term of this Decree shall be for two (2) years fronl

its entry by the Court.

13. 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.

14. Only the parties to this suit may seek enforcement of

this Consent Decree.

15. Each party shall bear its own costs and attorney's fees.

IT IS SO ORDERED, this

j ;;1 --

day

of

--,a<:...::.-.u:~-'-__ ,

1999.

'<./'I/~e~

.S. Distric Court we~~~District of North Carolina

5

Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 6 of 7

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

KMART CORPORATION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

By: Positi
~o~_477 Linda<"'Fox Haynsworth Baldwin Johnson & Greaves LLC Federal Plaza Building 400' W. Trade Street Charlotte, NC 28202

By: ~~~~~~~~~~~~~~~ Mindy ,E. W instein
~~-- ~onal Attorney Lynette A. Barnes Senior Trial Attorney 129 West Trade Street Suite 400 Charlotte, NC 28202

6

..

,

f

"

Case 5:98-cv-00980-F Document 7 Filed 10/22/1999 Page 7 of 7

NOTICE TO EMPLOYEES
This Notice is being posted pursuant to a Consent Decre~ entered in Equal Employment Opportunity Commission v. Kmart Corporation, in the United States District Court for the Eastern District of North Carolina, Western Division; Civil Action No. 5:98-CV-980-
F (3) .
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, color, religion, sex, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. Federal law also requires that an employer provide employees with reasonable religious accommodations. Kmart Corporation, supports and will comply with such federal law in all respects. Specifically, Kmart Corporation will seek to maintain a work environment that is free of religious discrimination and will not take any action against employees because they have exercised their rights under the law.
Kmart Corporation, has adopted an equal employment opportunity policy and will ensure that all management, supervisory and other employees abide by the requirements of that policy, and that employees will not be discriminated against on the basis of their religion.
If you believe that you have been discriminated against based on your religion or that you have been denied a reasonable religious accommodation, you should report the discriminatory conduct promptly to Kmart Corporation, or to the U.S. Equal Employment Opportunity Commission.
This Notice will remain posted for at least one (1) year by agreement with the U.S. Equal Employment Opportunity Commission.

DO NOT REMOVE THIS NOTICE UNTIL:

(MONTH, DAY, YEAR)

Date

for Kmart Corporation

 
 CM/ECF - NCED - Docket Report

Page 1 of 2

CLOSED, USMJ_Dixon
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:98-cv-00980-F

US EEOC v. Kmart Corporation Assigned to: Judge James C. Fox Demand: $0 Cause: 42:2003 Job Discrimination Plaintiff US Equal Employment Opportunity Commission of Charlotte, NC
V. Defendant Kmart Corporation a MI corporation

Date Filed: 12/31/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Lynette A. Barnes EEOC/ Charlotte District Officed 129 West Trade St. Suite 400 Charlotte, NC 28202-5306 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gregory P. McGuire Ogletree, Deakins, Nash, Smoak & Stewart 2301 Sugarbush Rd. Suite 600 Raleigh, NC 27612 919-787-9700 Fax: 783-9412 Email: greg.mcguire@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/31/1998 12/31/1998 12/31/1998

#

Docket Text

1 Complaint filed, employment discrim-religion, jury demand (st) (Entered: 01/04/1999)

Waiver of summons sent to CT Corporation System for KMart (st) (Entered: 01/04/1999)

(st) (Entered: 01/04/1999)

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?884271681842579-L_923_0-1

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CM/ECF - NCED - Docket Report

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03/10/1999 03/11/1999 03/16/1999 04/02/1999 04/02/1999 04/09/1999
10/20/1999 10/21/1999 10/22/1999 10/22/1999 10/22/1999 02/04/2000

4 Waiver of Service Returned Executed as to Kmart Corporation 1/7/98 Answer due on 3/9/98 for Kmart Corporation (st) (Entered: 03/19/1999)
2 Answer to Complaint by Kmart Corporation (st) (Entered: 03/16/1999)
3 Request for Discovery Plan: Discovery Plan due by 4/5/99, served upon counsel w form 35. (st) (Entered: 03/16/1999)
5 Discovery Plan filed by US EEOC, Kmart Corporation (st) (Entered: 04/02/1999)
Case submitted to: USMJ Dixon [5-1] discovery plan submitted via email/racer for preparation of a scheduling order. (st) Modified on 04/02/1999 (Entered: 04/02/1999)
6 Order on Scheduling by Magistrate Dixon setting Discovery cutoff 9/30/99, Deadline for filing of all motions 10/30/99, Expert Witness List due on 6/30/99 from Plaintiff, and due on 7/30/99 from Defendant, Jury Trial scheduled for 1/24/20 before Judge James C. Fox Place: Wilmington No. of Interrogs. 25, No. of Depositions 5, copies served upon counsel of record w consent to magistrate trial form, and court personnel notified. (st) (Entered: 04/09/1999)
Received the parties proposed consent decree. Will forward to Judge Fox to review and consider. (se) (Entered: 10/21/1999)
Case submitted to: Judge James C. Fox for review and consideration of the proposed consent decree (se) (Entered: 10/21/1999)
CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 10/22/1999)
7 Consent judgment (see decree/judgment for particulars) signed by Judge James C. Fox. OB Ref: FOXOB#18, pg. 95, cc:counsel. (se) (Entered: 10/22/1999)
Case closed NP (se) (Entered: 10/22/1999)
File sent to Raleigh for archives. (se) (Entered: 02/04/2000)

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