IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

MISTER OMELET OF AMERICA, INC., Defendant.

COMPLAINT JURY 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 sex (female), and retaliation, and to provide appropriate relief to Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former employees who were adversely affected by such practices. Specifically, the Equal Employment Opportunity Commission ("Plaintiff’ or the "Commission") contends that Paula Caudle, Shelly Hollar, Christine Pinkley-Morris and other similarly situated female employees were sexually harassed and/or subjected to a sexually hostile work environment while working for Mister Omelet of America, Inc. ("Defendant" or "Mister Omelet"). Additionally, the Commission contends that Defendant discharged Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated employees in retaliation for their 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 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, the Equal Employment Opportunity Commission, 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(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Mister Omelet, a North Carolina corporation, was continuously doing business in the State of North Carolina and the cities of Hickory and Conover, 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, Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris and Helma Townsend filed charges with the Commission alleging violations of Title VII by Defendant. All conditions
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precedent to the institution of this lawsuit have been fulfilled.
7. Since at least June 2000, Defendant engaged in unlawful employment practices at its Hickory and Conover facilities, in violation of Section 703(a)(1) and Section 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a). The unlawful practices include:
a. subjecting Paula Caudle, Shelly Hollar, Christine Pinkley-Morris and other similarly situated female employees to sexual harassment, including unwelcome touching, sexual advances and sexual comments; and
b. discharging Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated employees in retaliation for their opposition to practices declared unlawful by Title VII of the Civil Rights Act of 1964, as amended.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Paula Caudle, Shelly Hollar, Christine Pinkley-Morris and and other similarly situated
female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
9. The effect of the practices complained of in paragraph 7 above has been to deprive Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former employees of equal
employment opportunities and otherwise adversely affect their status as employees, because of
their opposition to employment practices declared unlawful by Title VII. 10. The unlawful employment practices complained of in paragraph 7 above were
intentional. 11. The unlawful employment practices complained of in paragraph 7 above were
done with malice or with reckless indifference to the federally protected rights of Paula Caudle,

Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former employees who are female and/or who opposed practices made unlawful by Title VII.
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 engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating against current or former employees based on their opposition to unlawful employment practices and/or their participation in investigations, proceedings or hearings under Title VII. C. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who have opposed unlawful employment practices and/or participated in investigations, proceedings or hearings under Title VII. E. Order Defendant to make whole Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former 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
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unlawful employment practices, including but not limited to reinstatement and from pay. F. Order Defendant to make whole Paula Caudle, Barbara Causey, Carla Craig,
Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 above, including but not limited to relocation expenses, medical expenses and job search expenses, in amounts to be determined at trial.
G. Order Defendant to make whole Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former employees by providing compensation for past and future nonpecuniary 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, and humiliation, in amounts to be determined at trial.
H. Order Defendant to pay Paula Caudle, Barbara Causey, Carla Craig, Shelly Hollar, Christine Pinkley-Morris, Helma Townsend and other similarly situated current and former employees punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
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.
GWENDOLYN YOUNG REAMS Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
Attorney
LYNETTE A. BARNES Supervisory Trial Attorney
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Telephone: (704) 344-6875
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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Plaintiff,

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MISTER OMELET OF AMERICA, INC., )

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Defendant.

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CIVIL ACTION NO. 5:0ICVI05-V

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CONSENT DECREE The Equal Employment Opportunity Commission (the "Commission") instituted this action seeking relief for Carla Craig, Christine Pinkley-Morris, Barbara Causey, Paula Caudle, Shelly Hollar, Helma Townsend and other similarly situated individuals, pursuant to Section 706(f)(1) and (3) ofTitie VII of the Civil Rights Act of 1964, as amended, 42 U,S,C, § 2000e5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of1991, 42 U,S,c' § 1981a, The parties stipulate to jurisdiction of the Court over the parties and the subject matter of this action, The parties desire to resolve this action without the burden, expense, and delay of further litigation. It is therefore the finding of this Court, made on the submissions of the parties, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of TitIe VII will be promoted and effectuated by the entry of this Consent Decree; and (3) this Consent Decree resolves all matters in controversy between the parties as provided in

paragraphs I through 9 below. It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any employee on the basis of sex within
the meaning 0 fTi tie VII. 2. Defendant shall not discriminate or retaliate against any person because of
opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under Title VII.
3. Defendant shall pay the sum of one thousand dollars ($1,000), in settlement of the claims raised in the Complaint filed by the EEOC. Defendant shall make payment by issuing checks payable as follows to: Carla Craig in the amount of one hundred forty-two dollars and eighty-six cents ($142.86), Christine Pinkley-Morris in the amount of one hundred forty-two dollars and eighty-six cents ($142.86), Barbara Causey in the amount of one hundred forty-two dollars and eighty-six cents ($142.86), Paula Caudle in the amount of one hundred forty-two dollars and eighty-six cents ($142.85), Shelly Hollar in the amount of one hundred forty-two dollars and eighty-six cents ($142.86), Helma Townsend in the amount of one hundred forty-two dollars and eighty-six cents ($142.86) and Marsha Miller Auton in the amount of one hundred forty-two dollars and eighty-six cents ($142.85). Payment shall be made to each individual, at the address provided by the EEOC.
4. The payments set forth in Paragraph 3 shall be made within fifteen days after entry of this Consent Decree by the Court. Within ten days after each check has been sent, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and
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proof of its delivery. 5. Defendant agrees to eliminate from the employment records of Carla Craig,
Christine Pinkley-Morris, Barbara Causey, Paula Caudle, Shelly Hollar, and Helma Townsend any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of the following EEOC Charges: No. 140A02060; No. 140A02062; No. 140A02063; No. 140A02064; No. 140A02065; and No. 140A02066 and the related events that occurred thereafter.
6. In the event that Defendant opens, operates or manages any business within two years of the date of entry of this Consent Decree, the following subparts a-d shall apply:
a. Within ninety days of resuming business operations, Defendant shall adopt an anti-discrimination, anti-harassment and anti-retaliation policy and shall provide training to all of its managers, supervisors and employees. The training shall include an explanation of the requirements ofTitle VII, its prohibition against sex discrimination in the workplace, including sexual harassment, and its prohibition against retaliation. Defendant's training shall also cover its anti-discrimination, anti-harassment and anti-retaliation policy and an explanation of the rights and responsibilities of employees and managers under the policy. Within ten days after 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 employees in attendance. Certification shall be made to Mindy E. Weinstein, Regional Attorney, at the address listed in Paragraph 4.
b. Beginning ninety days after resuming business operations, Defendant shall provide the Commission with monthly reports which will include the following infonnation: (a)
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the identities of all individuals who have complained of sex discrimination, sexual harassment or retaliation at Defendant's facilities, including by way of identification each individual's name, last known address, last known telephone number, sex, position, supervisor and social security number; (b) a detailed statement of the individual's complaint; (c) the identity of the person who allegedly harassed or discriminated against the individual; and (d) the action taken in response to the individual's complaint. These reports shall be made to Mindy E. Weinstein, Regional Attorney, at the address listed in Paragraph 4.
c. Defendant shall allow the Commission to review compliance with this Consent Decree. As part of such review, the Commission may inspect Defendant's premises, interview employees and examine and copy documents.
d. If at anytime during the tcnn of this Consent 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 days in which to investigate and respond to the allegations. Thereafter, the parties shaH then have a period of ten 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.
7. The tenn ofthis Consent Decree shall be two years from its entry by the Court. S. Each party shaH bear its own costs and attorney's fees. 9. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate.
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ff·-( -r2..2
Date
The parties jointly request that the Court approve and enter this Consent Decree:
MISTER OMELET OF AMERICA, INC.

By: ROBERT C. ERVIN BYRD, BYRD, ERVIN, WHISNANT, MCMAHON & ERVIN P.O. Drawer 1269 Morganton, NC 28680

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
vf1t4~~ ~~ By: MINDY~ W 1M;TEIN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Regional Attorney

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KJ. ANG

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Trial Attorney

129 West Trade Street, Suite 400

Charlotte, N.C. 28202

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Ms. Shelly Hollar 2953 U.S. Highway 70 East Morganton, NC 28655
Ms. Christine Pinkley 1810 Eighteenth Ave, NE Unit 32 Hickory, NC 28601
Ms. Paula Caudle 4234 Blueberry Drive Granite Falls, NC 28630
Ms. Marsha Miller Auton P.O Box 317 Rhodhiss, NC 28667
Ms. Helma J. Townsend 4416 Taylor Avenue Connelly Springs, NC 28612
Ms. Barbara Causey 4465 Johnson Bridge Rd, Lot 34 Hickory, NC 28602
Ms. Carla Craig 4465 Johnson Bridge Rd, Lot 3 Hickory, NC 28602

cbb United States District Court
for the Western District of North Carolina
August 5, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:01-cv-00105
True and correct copies of the attached were mailed by the clerk to the following:
Mindy E. Weinstein, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202 2799
Kirk J. Angel, Esq. Equal Employment Opportunity Commission 129 West Trade St. Suite 400 Charlotte, NC 28202-2799
Robert C. Ervin, Esq. Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin P.O. Drawer 1269 Morganton, NC 28680-1269

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 CM/ECF - LIVE DATABASE - NCWD - Docket Report

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U.S. District Court Western District of North Carolina (Statesville) CIVIL DOCKET FOR CASE #: 5:01-cv-00105

CLOSED

EEOC v. Mr Omelet of America Assigned to: Richard Voorhees Referred to: Magistrate Judge H. Brent McKnight Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/22/2001 Date Terminated: 08/05/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kirk J. Angel Equal Employment Opportunity Commission Charlotte District Office PO Box 692 Harrisburg, NC 28075 704/455-3311 Fax: 704/973-7859 Email: kirk@theangellawfirm.com 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

Mindy E. Weinstein Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Mister Omelet of America, Inc.

represented by Robert C. Ervin Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin P.O. Drawer 1269 Morganton, NC 28680-1269 828/437-4220 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/22/2001 06/22/2001 07/17/2001 08/21/2001 09/12/2001 09/14/2001
10/19/2001 08/05/2002
08/05/2002

#

Docket Text

1 COMPLAINT (tme) (Entered: 06/26/2001)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Refusal (tme) (Entered: 06/26/2001)
3 WAIVER OF SERVICE Returned Executed as to Mr Omelet of Amer In 6/22/01 Answer due on 8/21/01 for Mr Omelet of Amer In (cbb) (Entered: 07/19/2001)
4 ANSWER to Complaint by Mr Omelet of Amer In (Attorney Robert C. Ervin); w/cs (cbb) (Entered: 08/27/2001)
5 Certificate of I.A.C. by plaintiff EEOC, defendant Mr Omelet of Amer In cc: HBM (cbb) (Entered: 09/12/2001)
6 INITIAL PRETRIAL ORDER Discovery deadline is 7/1/02 Motion filing deadline is 8/1/02 Report of Mediator due: 7/1/02 Calendar call (Jury Trial) set 10:00 1/6/03 before Judge Richard L. Voorhees ETT: 5-7 days ( signed by Magistrate Judge H. B. McKnight ) cc: attys of record (cbb) (Entered: 09/14/2001)
Deadline updated; set Jury Trial for 10:00 1/6/03 before Judge Richard L. Voorhees (bsw) (Entered: 10/19/2001)
7 CONSENT DECREE by plaintiff EEOC, defendant Mr Omelet of Amer Inc (signed by Judge Richard L. Voorhees) Judgment Vol: 52 Page: 38 cc: attys of record (cbb) (Entered: 08/05/2002)
Case closed (cbb) (Entered: 08/05/2002)

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