FILED

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLIN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

SEP 092003
BY' _ UO9A~D.~~!'£D./.~>~.~<~~~~:r:u<

COMMISSION,

)

Plaintiff,

) )

CIVIL ACTION NO. ~l-O?J-VJ - \5,3-~

)

v.

)

)

COMPLAINT

M.D.P., INC. d/b/a PIZZA CITY USA

)

JURY TRIAL DEMAND

)

Defendant.

)

)

NATURE OF THE ACTION
This is an action under Title vn 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, and to provide

appropriate relief to Christi Smith and other similarly situated female employees who were

adversely affected by the practices. The Commission alleges that Defendant M.D.P., Inc.

discriminated against Christi Smith and other similarly situated female employees by subjecting

them to discriminatory terms and conditions of employment and that Defendant discharged

Christi Smith because of her sex and in retaliation for her complaints of sexual harassment.

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

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

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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.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title YD of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title YD, 42 U.S.c. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant M.D.P., Inc. ("Defendant") has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Jacksonville and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title YD, 42 U.S.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Christi Smith filed a charge with the Commission alleging violations of Title YD by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April 2002, Defendant has engaged in unlawful employment practices at its facilities located in Jacksonville, North Carolina, in violation of Section 703(a)(1) of Title YD, 42 U.S.c. § 2000e-2 (a) (1), as set forth below:
a. Defendant subjected Christi Smith and other similarly situated female employees to discriminatory terms and conditions of employment by requiring pregnant women to obtain medical clearance to work.
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b. Defendant discharged Christi Smith because of her pregnancy. c. Additionally, or in the alternative, Defendant discharged Christi Smith in
retaliation for her complaints of a sexually hostile work environment. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Christi Smith and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex. 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 Christi Smith and other similarly situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from failing to hire individuals or discharging employees based on sex, including pregnancy, from engaging in any other employment practice that discriminates on the basis of sex, including pregnancy, and from retaliating against employees who oppose unlawful discrimination or participate in an investigation of unlawful discrimination. B. Order Defendant 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.
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C. Order Defendant to make whole Christi Smith and other similarly situated female employees 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.
D. Order Defendant to make whole Christi Smith and other similarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above in amounts to be determined at trial.
E. Order Defendant to make whole Christi Smith and other similarly situated female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
F. Order Defendant to pay Christi Smith and other similarly situated female employees punitive damages for its malicious and reckless conduct, as described in paragraph 7 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.
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DATED this ~~day of September, 2003.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMESL. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUALE~LOYMENTOPPORTUNITY
COMMISSION 1801 L Street, N.W.
20507
~ Attorney
!A!l~
LYNETTE A. BARNES Supervisory Trial Attorney
EQUAL E~LOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
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~ (;~CQ
ZOE G. MAHOOD Senior Trial Attorney
EQUALEMWLOYMENTOPPORT~TY
COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 Tel: 919.856.4080 ATTORNEYS FOR PLAINTIFF
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 -

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION CIVIL ACTION NO. 7:03-CV-1S3-Fl

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

M.D.P., INC. d/b/a PIZZA CITY USA

)

)

Defendant.

)

)

CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission") instituted this

action pursuant to Section 706(£)(1) and (3) of Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.c. Section 2000e-5(£)(1) and (3) ("Title VII"), and Section 102 of the Civil

Rights Act of 1991,42 U.S.c. § 1981a.

The Commission and the Defendant, M.D.P., Inc. d/b/a Pizza City USA (the

"Defendant"), 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

Complaint without the burden, expense, and delay of further litigation. It is understood and

agreed that this settlement is the compromise of a disputed claim, and that the payment made is

not to be construed as an admission ofliability on the part of the Defendant.

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 as provided in

paragraphs 1 through 14 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1.

• Defendant shall not discriminate against any employee on the basis of sex~. •

including pregnancy, or any other protected category within the meaning of Title VII of the Civil

Rights Act of 1964.

2. Defendant 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 ofthe filing of a charge, the giving of testimony or assistance, or the participation in any

investigation, proceeding or hearing under that statute.

3. Defendant shall pay Christi Smith the sum of Three Thousand Five Hundred

dollars ($3,500.00) in settlement of the claims raised in this action. Defendant shall make

payment by issuing a check payable to Christi Smith. Payment shall be made within fifteen days

after the Court approves this Consent Decree, and Defendant shall mail the check to Christi

Smith at the address provided by the Commission. Within ten days after the check has been sent,

Defendant shall mail to Lynette A. Barnes, Acting Regional Attorney, at the Equal Employment
Opportunity Commission, 129 w. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the

check and proof of its delivery to Christi Smith.

4. Defendant agrees to eliminate from the employment records of Christi Smith any

and all documents, entries, or references of any kind relating to the facts and circumstances

which led to the filing of EEOC Charge Number 141-2002-00641 and the related events that

occurred thereafter.

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5. Defendant agrees not to require medical clearance, or proof of ability to work, for any applicant or employee whom Defendant learns is, or might be, pregnant in order for the applicant to begin work or for the employee to continue to work.
6. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees at its facilities in Jacksonville, North Carolina. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against sex discrimination in the workplace, including pregnancy discrimination and retaliation. Each training program shall also cover Defendant's EEO policies and an explanation of the rights and responsibilities of employees and managers under the policy. The first training program shall be completed within ninety (90) 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, Defendant shall provide the Commission with an agenda for the training program. Within ten (10) days after completion of each training program, 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.
7. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part of this Decree, in a place where it is visible to employees at its Jacksonville, North Carolina facilities. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
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8. During the term of this Consent Decree, Defendant will 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 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, sex, position, and social security number;
B. for each individual identified in 8.A. 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 part-time from full-time.)
C. for each individual whose employment status has changed as identified in 8.B. above, a detailed statement explaining why the individual's employment status has changed;
D. the identities of any applicant or employee who Defendant has learned, or who Defendant has reason to believe, is pregnant, including by way of identification each person's name, position, and social security number;
E. for each individual identified in 8.D. above, explain whether the applicant or employee's employment status has changed, or if any action was taken in respect to that applicant or employee's employment, in any respect (for
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example, including but not limited to, termination, firing, demotion promotion, part-time from full-time, or requirement to provide medical documentation. ) F. for each individual identified in 8.D. above, a detailed statement explaining why the applicant or employee's status has changed. Defendant agrees that if during the reporting period it does not receive any information that it is required to report under these provisions, Defendant will notify the Commission that it has no information to report. 9. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant's Jacksonville, North Carolina facilities, interview employees and examine and copy documents. 10. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have ten (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period often (10) 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. 11. The term of this Decree shall be for two (2) years from its entry by the Court. 12. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Acting Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 13. Each party shall bear its own costs and attorney's fees.
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14. 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.

Date

, U.S. District Court

Ea rn District ofNorth Carolina

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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

M.D.P., INC. D/B/A PIZZA CITY USA
By: (J~,J:e~
Lanier & Fountain 114 Old Bridge Street Jacksonville, N.C. 28540 Tel: (910) 455-4175

By: Lynet A. Barnes Actin Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202

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"-

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L &~ By: Zoe G. Mahood Senior Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608 Tel: (919) 856-4080

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 CM/ECF - NCED - Docket Report

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CLOSED, Jury Trial, USMJ_Daniel
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Southern Division)
CIVIL DOCKET FOR CASE #: 7:03-cv-00153-F

Equal Employment Opp v. M.D.P., Inc. Assigned to: Judge James C. Fox Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant M.D.P., Inc. doing business as Pizza City USA

Date Filed: 09/09/2003 Date Terminated: 12/08/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Bobby C. Simpson EEOC/Charlotte District Office 129 W. Trade St. Suite 400 Charlotte, NC 28202 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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
Zoe G. Mahood E.E.O.C. 1309 Annapolis Dr. Raleigh, NC 27608 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles S. Lanier Lanier and Fountain 114 Old Bridge St.

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Jacksonville, NC 28540 910-455-4175 Fax: 910-455-1406 Email: charleslanier@bizec.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/09/2003 09/09/2003
10/15/2003 11/05/2003 11/05/2003 11/06/2003 12/01/2003 12/02/2003 12/02/2003 12/16/2003
03/15/2004 03/16/2004
03/24/2004
04/05/2004

#

Docket Text

1 Complaint filed JURY TRIAL DEMANDED (se) (Entered: 09/10/2003)
2 Document filed by plaintiff Equal Employment Opportunity Commission titled: Notice of Lawsuit and Request for Waiver of Service of Summons with proposed waiver attached. (se) (Entered: 09/10/2003)
3 Waiver of Service Returned Executed as to M.D.P., Inc. on 10/3/03 Answer due on 12/2/03 for M.D.P., Inc. (le) (Entered: 10/16/2003)
4 Answer to Complaint by M.D.P., Inc.; jury demand (se) (Entered: 11/06/2003)
5 Corporate Disclosure Filed by defendant M.D.P., Inc. (se) (Entered: 11/06/2003)
6 Request for Discovery Plan: Discovery Plan due by 12/20/03 (se) (Entered: 11/06/2003)
7 Discovery Plan filed by Equal Employment Opp, M.D.P., Inc. (se) (Entered: 12/02/2003)
Case submitted to: USMJ David Daniel [7-1] discovery submitted for an order on scheduling. (se) (Entered: 12/02/2003)
(se) (Entered: 12/02/2003)
8 Order on Scheduling by Magistrate Daniel setting Discovery cutoff 5/14/04 Deadline for filing of all motions 6/14/04 Jury Trial scheduled for 11/8/04 before Judge Fox Place: Wilm. Cpys. w/Form 85 to Mahood, Simpson, Barnes, Lanier, Sue Enyart, Scott Cannon, Becky Bowen. (le) (Entered: 12/16/2003)
9 Motion by Equal Employment Opp to amend [8-1] Scheduling order to extend time to designate experts w/consent and p.o. (le) (Entered: 03/16/2004)
Motion(s) referred: referred [9-1] motion to amend [8-1] Scheduling order to extend time to designate experts to USMJ David W. Daniel (le) (Entered: 03/16/2004)
10 Order granting [9-1] motion to amend [8-1] Scheduling order to extend time to designate experts for pltf. up to 4/9/04 and from dft. by 5/10/04. signed by M/J Daniel. (le) (Entered: 03/24/2004)
11 Return of service executed on 3/25/04 on Christi Smith with a Subpoena In A Civil Case for deposition to take place on 4/8/04 @ 9:30 a.m. at the office of Lanier and Fountain in Jacksonville, NC. (se) (Entered: 04/05/2004)

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09/21/2004 09/21/2004 09/21/2004 10/04/2004 10/06/2004
10/19/2004 10/21/2004 10/22/2004 11/30/2004 12/03/2004 12/08/2004
12/08/2004 12/08/2004

Pre-trial conference set at 9:00 10/29/04 before USMJ William A. Webb in Raleigh, NC, Ctrm #6 (se) (Entered: 09/21/2004)
Jury trial set at 9:00 11/8/04 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 09/21/2004)
12 Order pre-trial conference order signed by USMJ William A. Webb. CC:counsel. (se) (Entered: 09/21/2004)
Informed by counsel that case has settled. (se) (Entered: 10/05/2004)
13 Ordered that the court having been advised that the parties have settled all matters in controversy between them, this matter hereby is dismissed without prejudice . The parties are DIRECTED to file their stipulation of dismissal with prejudice on or before 11/5/04 set Response to Order due 11/5/04 signed by Senior Judge James C. Fox. CC:counsel, B. Bowen, S. Cannon, USMJ Webb. (se) (Entered: 10/06/2004)
Received the parties proposed consent decree in this matter. Will forward to Judge Fox for review and consideration. (se) (Entered: 10/21/2004)
Case submitted to: Senior Judge James C. Fox for review and consideration of the parties proposed consent decree. (se) (Entered: 10/21/2004)
14 Document filed by plaintiff Equal Employment Opportunity, defendant M.D.P., Inc. titled: Consent Decree (see order for particulars). Stipulation of Dismissal with prejudice to follow. (se) (Entered: 10/22/2004)
Case submitted to: Senior Judge James C. Fox for review of the parties failure to respond to [13-1] order dismissed without prejudice. (se) (Entered: 11/30/2004)
CASE FILE RETURNED from: Senior Judge James C. Fox (se) (Entered: 12/08/2004)
15 Order that the dismissal without prejudice is EXTENDED indefinitely to comport with the Consent Decree, but the Clerk of Court is DIRECTED to remove this matter from active status signed by Senior Judge James C. Fox. CC:counsel. (se) (Entered: 12/08/2004)
15 Stipulation of dismissal without prejudice. (se) (Entered: 12/08/2004)
Case closed NP (se) (Entered: 12/08/2004)

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