Case 5:02-cv-00856-BO Document 1 Filed 11/19/2002 Page 1 of 5

"'lP!!O

NOV, 9~

IN THE UNITED STATES DISTRICT COURT

DAVID W. ~

FOR THE EASTERN DISTRICT OF NORTH CAROLINA US D'~'rCO(j Ol!AK

SOUTHERN DIVISION

BY-

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, fONe 0Ep. CLERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. L&L WINGS, INC.
Defendant.

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W J- - <J CIVIL ACTION No·5:

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COMPLAINT

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JURY TRIAL DEMAND

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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 employees who were adversely affected by the practices. The Commission alleges that Defendant L&L Wings, Inc. discriminated against Eboni Frink, Cadis Hankins, Chavonne Hankins, and Allison Washington because of their sex, female.
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
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 Southern District of North Carolina.

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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 vn of the Civil Rights Act and is expressly authorized to bring this action
by Sections 706(f)(1) and (3) of Title Yll, 42 U.S.c. §2000e-5(f)(I). 4. At all relevant times, Defendant L&L Wings, Inc. has continuously been a South
Carolina corporation doing business in the State of North Carolina and the City of Calabash and has continuously had at least fifteen employees.
5. At all relevant times, Defendant L&L Wings, Inc. has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title Vll, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington filed a charge with the Commission alleging violations of Title Yll of the Ci vii Rights Act by Defendant L&L Wings, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July 2001, Defendant L&L Wings, Inc. has engaged in unlawful employment practices at one or more of its stores located in Calabash, North Carolina, in violation of Section 703 (a) (1) of Title Yll, 42 U.S.c. § 2000e-2 (a) (1), as set forth below.
a. Defendant subjected Eboni Frink, Carlis Hankins, Chavonne Hankins and Allison Washington to discrimination based on their sex by maintaining a sexually hostile
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Case 5:02-cv-00856-BO Document 1 Filed 11/19/2002 Page 3 of 5
work environment. The sexual harassment included unwelcome sexual touching, comments, and advances by two supervisors. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female. 9. The unlawful employment practices complained of in paragraph 7 above were in ten ti onal. 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 Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant L&L Wings, Inc., its 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. B. Order Defendant L&L Wings, Inc. 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 L&L Wings, Inc. to make whole Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects
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Case 5:02-cv-00856-BO Document 1 Filed 11/19/2002 Page 4 of 5
of its unlawful employment practices, including but not limited to the reinstatement of the affected employees.
D. Order Defendant L&L Wings, Inc. to make whole Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington by providing compensation for past and future pecuniary and non-pecuniary losses resulting from the unlawful practices complained of above, in amounts to be determined at trial.
E. Order Defendant L&L Wings, Inc. to pay Eboni Frink, Cadis Hankins, Chavonne Hankins, and Allison Washington punitive damages for its malicious and reckless conduct, as 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.
DATED this ~day of t-JCJ\.IUr\~ 2002.
Respectfully submitted, GWENDOLYN Y. REAMS Associate General Counsel
EQUALENWLOYMENTOPPORT~TY
COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
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Case 5:02-cv-00856-BO Document 1 Filed 11/19/2002 Page 5 of 5
~"L~ MINDY .INSTEIN
Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
~Ad:&)~
KERITH COHEN Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 ATTORNEYS FOR PLAINTIFF
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 Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 1 of 8

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

EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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Plaintiff,

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v.

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L&L WINGS, INC.

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Defendant.

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CIVIL ACTION NO.~OJ-CAf -~~-1>~
FILE'O CONSENT DECREE
DEC 032002
DAVID W. DANIEL, CLERK US DISTRICT COURT E. OIST. N. CAROliNA

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 ofthe Civil Rights Act of 1991,

42 U.S.C. § 1981a., alleging Defendant L&L Wings ("Defendant") discriminated against Eboni

Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington, because of their sex, female,

by subjecting them to an alleged hostile work environment.

The Commission 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 all the allegations in the

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

It is therefore the finding ofthis 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 ofTitle VII will be promoted and effectuated by the entry ofthe Consent Decree; and

(3) this Decree resolves all matters in controversy between the parties and the individuals named in

the first paragraph as provided in paragraphs 1 through 21 below.

Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 2 of 8

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendants shall pay Eboni Frink the total sum of forty thousand dollars

($40,000.00). Defendant shall make payment by issuing a check directly payable to Eboni Frink

Payment shall be made within thirty (30) days after the Court enters this Consent Decree. Defendant

shall mail the check to Eboni Frink at an address to be provided by the Commission in a separate

correspondence. Within ten (10) days after the check has been sent to Eboni Frink Defendants shall

mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129

West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to

Eboni Frink.

2.

Defendant shall pay Carlis Hankins the total sum of twenty five thousand dollars

($25,000.00). Defendant shall make payment by issuing a check directly payable to Carlis

Hankins. Payment shall be made within thirty (30) days after the Court enters this Consent

Decree. Defendant shall mail the check to Carlis Hankins at an address to be provided by the

Commission in a separate correspondence. Within ten (10) days after the check has been sent to

Carlis Hankins, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal

Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202,

a copy of the check and proof of its delivery to Carlis Hankins.

3.

Defendant shall pay Chavonne Hankins the total sum of twenty five thousand

dollars ($25,000.00). Defendant shall make payment by issuing a check directly payable to

Chavonne Hankins. Payment shall be made within thirty (30) days after the Court enters this

Consent Decree. Defendant shall mail the check to Chavonne Hankins at an address to be

provided by the Commission in a separate correspondence. Within ten (10) days after the check

has been sent to Chavonne Hankins, Defendant shall mail to Mindy E. Weinstein, Regional

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Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 3 of 8
Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Chavonne Hankins.
4. Defendant shall pay Allison Washington the total sum of twenty five thousand dollars ($25,000.00). Defendant shall make payment by issuing a check directly payable to Allison Washington. Payment shall be made within thirty (30) days after the Court enters this Consent Decree. Defendant shall mail the check to Allison Washington at an address to be provided by the Commission in a separate correspondence. Within ten (10) days after the check has been sent to Allison Washington Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Allison Washington.
5. Defendant agrees to eliminate from the employment records of Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington any and all documents and entries relating to the facts and circumstances which led to the filing of the EEOC charges of discrimination and the related events that occurred thereafter, including the filing of this lawsuit.
6. Defendant agrees to provide Eboni Frink, Carlis Hankins, Chavonne Hankins, and Allison Washington with a neutral letter of reference, a copy of which is attached hereto. In addition, if Defendant receives any inquiries regarding the employment of Eboni Frink, Carlis Hankins, Chavonne Hankins, or Allison Washington, Defendant shall provide a neutral reference for her.
7. During the term of this Decree, Defendant shall provide to all supervisory and
management personnel at all of its stores, an annual training program on Title vn, including its
prohibition against sex discrimination and sexual harassment in the workplace. At least fifteen (15) days prior to the first program, Defendants shall provide the Commission with an agenda for the
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Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 4 of 8
traini ng program. 8. The first training program for supervisory and management personnel shall be
completed within one hundred and eighty (180) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals.
9. During the term of this Decree, Defendant shall provide to all new non-supervisory and new non-management personnel at all of its stores, a training program at the time of hire on Title VIT, including its prohibition against sex discrimination and sexual harassment in the workplace.
10. Within one hundred and eighty (180) days after the entry of the decree by the Court, Defendant shall provide to all current non-supervisory and current non-management personnel at all of its stores, a training program on Title VIT, including its prohibition against sex discrimination and sexual harassment inthe workplace.
11. Annually during the term of this Decree, Defendant shall certify to the EEOC that it has substantially complied with the training provisions of this Decree set forth above in paragraphs 7 through 10.
12. Until June 1,2003, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, in each of the L&L Wings stores, in a place where it is visible to employees. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
13. Defendant agrees to provide the Commission with annual reports during the term of this Decree. The reports shall include the following information: the identities of all individuals who have complained of or reported sexual harassment at any of L&L Wings stores in North Carolina during the term of this Decree, including by way of identification each person's name, home address, home telephone number, social security number, sex, and a statement of the
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Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 5 of 8
individual's complaint and what action was taken in response to the individual's complaint. Defendant shall submit the reports to the Commission every August during the term of this Decree.
14. During the term of this Decree, Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission, upon thirty (30) days written notice, with a copy to L&L Wings Legal Department, 8 East 41st Street, 6th Floor, New York, NY 10017, may inspect the premises, interview employees and examine and copy documents.
15. If at any time during the term of this Decree, the Commission has reasonable cause to believe that Defendant is in violation of this Decree, the Commission shall give written notice of the alleged violation to Defendant. Defendant shall have forty five (45) days in which to investigate and respond to the allegations and/or cure the alleged violations. Thereafter, the parties shall have a period of forty five (45) 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 its rights as provided by law.
16. Except as otherwise provided herein, each party shall bear its own costs and fees. 17. The term of this Decree shall be for two (2) years from its entry by the Court. 18. During the term of this Decree, this Court shall retain jurisdiction of this cause for entry of such further orders as may be necessary or appropriate. 19. Nothing herein shall be construed as any admission of any wrongdoing on the part ofL&L Wings, Inc. or a waiver of any defenses by L&LWings, Inc.. 20. Defendant represents that the store where the alleged sexual harassment occurred is no longer in operation. Defendant further represents that the assistant store manager and store manager who engaged in the alleged sexual harassment are no longer employed by Defendant.
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Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 6 of 8
21. A Complaint is being filed contemporaneously with this Consent Decree. Defendant specifically denies all allegations raised in the Complaint.

Date

United States District Judge

Eastern District of North Carolina

The parties jointly request that the Court approve and enter the Consent Decree:
This the ~ day of f\fovem0lf 2002
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, PLAINTIFF
GWENDOLYN YOUNG REAMS Associate General Counsel
By: ~~--..... Regional Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202
By: (.~ Kerith Cohen Trial Attorney 1309 Annapolis Drive Raleigh, NC 27608

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Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 7 of 8 L&L WINGS, INC., DEFENDANT
By:~%q
Henrietta U. Golding, Esq. McNair Law Firm, P.A. PO Box 336 Myrtle Beach, SC 29578
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Case 5:02-cv-00856-BO Document 2 Filed 12/03/2002 Page 8 of 8

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Raleigh Area Office

1309 Aan.po!is Dr;vc
Ralcip. Me 27fi08~129
(919) 156-4064
TTY (919) 1S6-4296
fAX (919)1S6-41SI

NOV 21 2002

David W. Danlel.- CIeIt US District COIlii.
n E. Dist C2\~1\i\.l.

NOTICE

Federal law requires that there be no discrimination against any employee or applicant for employment because oCtile individual's race, color, sex, religion, national origin, disability or age (40 and over) with respect to hiring, firing, compensation, or other tenus, conditions or privileges o f employment

Wina. L & L

Inc; supports and will comply with Federal law in all respects and win not take any

action against employees because they have exercised their right under the law.

Specifically, L & L W;ngs.lnc. will ensure that employees are not subject to sexual harassment in the work place.

Individuals affected by our conduct will be made whole for any losses they suffered as a result of the discrimination against them. L & L Wings. Inc. will take the remedial action required by the Conciliation Agreement and within the time frames directed by the Agreement

Signed the _ _ day of_ _ _ _ _ _ _~1 20al.

L & L W"lIIgs, Inc.

Appendix A

 
 Case 5:02-cv-00856-BO Document 4 Filed 01/29/2003 Page 1 of 1

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

No.5:02-CV-856-BO(3)

EQUAL EMPLOYMENT OPPORTUNITY,

)

COMMISSION,

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Plaintiff,

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v.

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L&L WINGS, INC.,

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Defendant.

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)

ORDER

FILED
JAN 2 9 2003
DAVID W. DANIEL, CLERK US DISTRICT COURT E. DiST. N. CAROLINA

This matter is before the Court on the parties Consent Motion to Amend Consent Decree,

filed pursuant to Rules 59 and 60 ofthe Federal Rules of Civil Procedure. On November 16,

2002, a Consent Decree was entered in this case. Pursuant to Paragraph 12 of that decree, an

Employee Notice must be posted by Defendant. The parties claim that the Notice attached to the

Consent Decree at Appendix A was incorrect. They ask to substitute a corrected Notice, which is

attached to the parties' motion. Finding good cause for the requested amendment, the Court

GRANTS the parties' joint motion. The Consent Decree is hereby AMENDED to reflect the

corrected Employee Notice, which shall be posted pursuant to the terms of the Consent Decree.

,..s SO ORDERED.

This

Tda'y~of January, 2003.

T RRENCE W. BOYLE CHIEF UNITED STATES DIST

JUDGE

 
 CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?704118946063252-L_9...

CLOSED, Jury Trial, USMJ_Webb
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:02-cv-00856-BO

Equal Employment v. L&L Wings, Inc. Assigned to: Judge Terrence W. Boyle Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant L&L Wings, Inc.

Date Filed: 11/19/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kerith Cohen Equal Employment Opportunity Commission 1309 Annapolis Dr. Raleigh, NC 27608 919-865-4148 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein E. E. O. C. 129 W. Trade St. Suite 400 Charlotte, NC 29202-2799 704-344-6886 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
11/19/2002 11/19/2002
11/25/2002 11/25/2002

#

Docket Text

1 Complaint filed; JURY DEMAND, Title VII claim (iw) (Entered: 11/25/2002)
Consent decree filed, cy to Chief Judge Boyle for review and signature (iw) (Entered: 11/25/2002)
(iw) (Entered: 11/25/2002)
Received Appendix A to have been filed with Consent Decree. cy to Chief Judge Boyle (iw) (Entered: 11/26/2002)

1 of 2

5/7/2007 4:27 PM

CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?704118946063252-L_9...

12/03/2002
12/03/2002 12/03/2002 12/20/2002 12/30/2002 01/29/2003
01/29/2003

2 Consent judgment for Equal Employment against L&L Wings, Inc. This decree resolves all matters in controversy between the parties, signed by Chief Judge Boyle and counsel for all parties. served. (iw) (Entered: 12/03/2002)
Case closed non perm (iw) (Entered: 12/03/2002)
Served copy of Consent Judgment on counsel for defendant, Henrietta Golding, PO Box 336, Myrtle Beach, SC 29578 (iw) (Entered: 01/29/2003)
3 Motion by Equal Employment, L&L Wings, Inc. to amend [2-1] judgment order (iw) (Entered: 12/30/2002)
Motion(s) submitted: [3-1] motion to amend [2-1] judgment order submitted to Chief Judge Boyle (iw) (Entered: 12/30/2002)
4 Order granting [3-1] motion to amend [2-1] judgment order; the Consent Decree is hereby AMENDED to reflect the corrected Employee Notice, which shall be posted pursuant to the terms of the Consent Decree, signed by Chief Judge Boyle. served. (iw) (Entered: 01/29/2003)
Served copy of 1/29/03 order on counsel for defendant, Henrietta Golding, PO Box 336, Myrtle Beach, SC 29578 (iw) (Entered: 01/29/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - DECEMBER 2002

Page 1 of 1

z EEOC v. L&L Wings, Inc. No. 5:02-CV-856-BO(3) (E.D.N.C. December 3, 2002)
The Charlotte District Office alleged in this Title VII lawsuit that defendant, an owner/operator of a chain of retail stores which sell beachwear and accessories, subjected four female summer sales associates, ages 16 to 18, to a sexually hostile working environment and discharged one of them because of her sex. The Store Manager and the Assistant Manager repeatedly made comments about the claimants' bodies, questioned them about their sexual activities, touched their legs and buttocks and propositioned them for sex. Two of the claimants quit their jobs after only four days of work due to the harassment and a third was discharged on her fourth day of work. The fourth claimant was employed for less than two months and quit after she was sexually assaulted by the Store Manager. The case was resolved through a consent decree which provides for a total payment of $115,000 to the four female claimants ($40,000 to one of the claimants and $25,000 to each of the other three claimants).

http://www.eeoc.gov/litigation/settlements/settlement12-02.html

5/9/2007