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Case 5:01-cv-00493-BO Document 1 Filed 06/29/2001 Page 1 of 5

~POll S'D IN THE UNITED STATES DISTRICT COURT
< FOR THE EASTERN DISTRICT OF NORTH CAROL~A

9 ~

EQUAL EMPLOYM COMMISSION,

EN

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OPP

WESTERN ORTUNITY

DIVISION

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)

CIVI

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ACT

SU".s~'L~ ?~CI/f( ./OUs~,ct".'c1f1?(l/1(
ION NO. D~p ({iNC

Plaintiff,

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S'OI-CV'1-f9'!i-I3(J{q

)

COMPLAINT

v.

)

JURY TRIAL DEMAND

)

BARTON COLLEGE,

)

)

Defendant.

)

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Right 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 Nicole Duran, who was adversely affected by such practices. The Commission alleges that Barton College discriminated against Ms. Duran when it refused to hire her as an Assistant Professor because of her pregnancy.
JURISDICTION AND VENUE I. 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 United States District Court for the Eastern District of North Carolina.

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Case 5:01-cv-00493-BO Document 1 Filed 06/29/2001 Page 2 of 5

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 VII and is expressly authorized to bring this action by Section 706 (f)(I) and (3) ofTitie VII, 42 U.S.c. §§ 2000e-5 (f) (I) and (3). 4. At all relevant times, Defendant, Barton College, ("Defendant") has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Wilson, 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 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, Nicole Duran 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. In or about May 2000, Defendant engaged in unlawful employment practices at its Wilson, North Carolina campus in violation of Section 703(a)(J) of Title VII, 42 U.S.C. § 2000e2(a)(l). Specifically, Defendant failed to hire Nicole Duran as an Assistant Professor at its Wilson, North Carolina campus because she was pregnant. 8. The effect of the practice complained of in paragraph 7 above has been to deprive Nicole Duran of equal employment opportunities and otherwise adversely affect her status as an applicant for employment because of her sex, female.
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Case 5:01-cv-00493-BO Document 1 Filed 06/29/2001 Page 3 of 5

9. The unlawful employment practice complained of in paragraph 7 above was intentional.
10. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of Nicole Duran.
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 refusing to hire women based on their sex, including pregnancy, and from any other employment practice which discriminates on the basis of sex, including pregnancy. 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. C. Order Defendant to make whole Nicole Duran, by providing appropriate back pay and benefits 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 hiring or front pay as appropriate. D. Order Defendant to make whole Nicole Duran by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including job search expenses and medical expenses, in amounts to be determined at trial.

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E. Order Defendant to make whole Nicole Duran by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of self-esteem, in amounts to be determined at trial.
F. Order Defendant to pay Nicole Duran punitive damages for its malicious and reckless conduct 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.
~
DATED this j/J, day of JVQt. ,2001.
Respectfully submitted, GWENDOLYN Y. REAMS Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
::t!t;ltJrns~
LYNETTE A. BARNES Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
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Case 5:01-cv-00493-BO Document 1 Filed 06/29/2001 Page 5 of 5

COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202

~ w iLcQ ZOE G. MAHOOD Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 Telephone (919) 856·4080
Attorneys for Plaintiff

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 Case 5:01-cv-00493-BO Document 10 Filed 07/26/2002 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION CIVIL ACTION NO. 5:01-CV-493-BO(2)

EQUAL EMJ>LOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BARTON COLLEGE,

)

)

Defendant.

)

)

FILED
7 ,,;l..(P ~ O:J-
DAVID W. DANIEL CLERK US DISTRICT COURT, EDNC

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)(l) and (3), ("Title VII") and Section 102 of the Civil

Rights Act of 1991, 42 U.S.C. § 1981a.

The Commission and the Defendant, Barton College, (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. 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.

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

Case 5:01-cv-00493-BO Document 10 Filed 07/26/2002 Page 2 of 6
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 11 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any applicants on the basis of sex, pregnancy, or any other protected category. 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, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Equal Pay Act, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under any of the foregoing statutes. 3. Defendant shall pay Nicole Duran the sum of Twenty Thousand Dollars ($ 20,000.00) in settlement of the claims raised in this action. Payment shall be made to Nicole Duran and shall be made by certified check. Payment shall be made within thirty days after the Court approves this Consent Decree, and Defendant shall mail the check to Nicole Duran at an address provided by the Commission. Within ten days after the check has been sent to Dr. Duran, Defendant's counsel 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 Dr. Duran. 4. Defendant agrees that it shall provide a training program to all of its employees at its facility in Wilson, North Carolina. At least fifteen (15) days prior to the program, Defendant shall provide the Commission with an agenda for the training program. The training program
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Case 5:01-cv-00493-BO Document 10 Filed 07/26/2002 Page 3 of 6
will include an explanation of the requirements of the federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964 and its prohibition against sex and pregnancy discrimination in the workplace, including discrimination in hiring. The training will also cover Defendant's anti-discrimination policy, and an explanation of the rights and responsibilities of employees and managers under the policy. This training program shall be completed during the first Fall semester after the entry of this Decree. Within ten (10) 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.
S. During the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, in a place where it is visible to employees at its Wilson, North Carolina facility. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
6. Defendant agrees that all advertisements it places for job vacancies will include a statement that Barton College is an equal opportunity employer that does not discriminate on the basis of sex, race, national origin, color, religion, age, disability, or any other protected status.
7. 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 applicants for the position of Assistant Professor at Defendant's Wilson, North Carolina facility including by way of identification each person's name, address, telephone number, social security number, sex and a statement of whether the individual was offered employment and/or hired, and if hired, the department the selectee will work in and the length of the selectee's employment contract. Defendant shall submit the reports to the Commission on January 30th and July 30th of each year during the term of this Decree.
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8. Defendant agrees that the Commission may review compliance with this Decree upon ten (10) day written notice to the Defendant. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents. Counsel for Defendant has a right to be present for any compliance review.
9. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of paragraphs 3 through 8 this Decree, the Commission shall give notice of the alleged violation to the Vice President of Administration and Finance of Defendant. Defendant shall have thirty (30) days in which to cure any alleged violation and respond to the allegations. Thereafter, the parties 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 pursues any remedy provided by law.
10. The term of this Decree shall be for two (2) years from its entry by the Court. 11. This Court shall retain jurisdiction of this case for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

Date

Judge, U.S. District Court

Eastern District of North C

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Case 5:01-cv-00493-BO Document 10 Filed 07/26/2002 Page 5 of 6

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

On Behalf of Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
~~ By: ~in;tein Regional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
~ By: G. ~CQ
Zoe G. Mahood Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1309 Annapolis Dri ve Raleigh, N.C. 27608
Counsel for Plaintiff

On Behalf of Defendant
By: M. Robin Davis, Esq. CRANFILL, SUMNER & HARTZOG, LLP Post Office Box 27808 225 Hillsborough Street Raleigh, N.C. 27611-7808
Counsel for Defendant

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Case 5:01-cv-00493-BO Document 10 Filed 07/26/2002 Page 6 of 6
NOTICE TO EMPLOYEES
Federal law requires that employers may not discriminate against any employee or applicant for employment because of the employee's race, color, religion, sex, pregnancy, national origin, age (40 or older) or disability. Barton College supports and will comply with such federal law in all respects. Specifically, Barton College agrees that it will not discriminate against applicants or employees based on any of the foregoing.
Barton College 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 the U. S. Equal Employment Opportunity Commission at the following address and telephone number for the purpose of filing a charge of employment discrimination.
Equal Employment Opportunity Commission Raleigh Area Office 1309 Annapolis Drive
Raleigh, North Carolina 27608 Tel: (919) 856-4064

 
 CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?743039435961246-L_9...

CLOSED, Jury Trial
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:01-cv-00493-BO

EEOC v. Barton College Assigned to: Judge Terrence W. Boyle Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff EEOC
V. Defendant Barton College

Date Filed: 06/29/2001 Jury Demand: Defendant 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
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
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 Donna R. Rascoe Cranfill, Sumner & Hartzog P.O. Box 27808

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Raleigh, NC 02611-7808 919-828-5100 Fax: 919-828-2277 Email: drr@cshlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa R. Davis Cranfill Sumner & Hartzog P. O. Box 27808 Raleigh, NC 27611-7808 919-828-5100 Fax: 919-828-2277 Email: MRD@CSHLAW.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/29/2001 06/29/2001 08/28/2001 09/04/2001 09/10/2001 10/09/2001 10/11/2001
03/14/2002 03/19/2002
03/20/2002
03/20/2002

#

Docket Text

1 Complaint filed; failure to hire because of pregnancy in violationg of Title VII of the Civil Rights Act of 1964; JURY DEMAND. (fdc) (Entered: 06/29/2001)
Complaint to be served by waiver of service. (fdc) (Entered: 06/29/2001)
2 Answer to Complaint by Barton College; jury demand (bb) (Entered: 09/04/2001)
3 Request for Discovery Plan: Discovery Plan due by 10/18/01 (bb) (Entered: 09/04/2001)
4 Waiver of Service Returned Executed as to Barton College 6/29/01 Answer due on 8/28/01 for Barton College (bb) (Entered: 09/10/2001)
5 Discovery Plan filed by EEOC, Barton College (bb) (Entered: 10/10/2001)
6 Order on Scheduling by Magistrate Denson setting Discovery cutoff 4/11/02 Deadline for filing of all motions 5/11/02 Jury Trial scheduled for 6/11/02 before Judge Boyle; served (bb) (Entered: 10/12/2001)
7 Joint motion by EEOC, Barton College to extend discovery , and to amend [5-1] discovery (bb) (Entered: 03/19/2002)
Motion(s) submitted: [7-1] joint motion to extend discovery submitted, [7-2] joint motion to amend [5-1] discovery submitted to USMJ Webb (bb) (Entered: 03/19/2002)
8 Order granting [7-1] joint motion to extend discovery, granting [7-2] joint motion to amend [5-1] discovery, reset discovery due for 5/11/02 , reset motion filing deadline for 6/11/02 signed by USMJ Webb; served. (bb) (Entered: 04/03/2002)
9 Consent Protective Order signed by USMJ Webb; served. (bb) (Entered: 04/03/2002)

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https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?743039435961246-L_9...

07/26/2002 07/26/2002

10 Consent Decree for EEOC against Barton College signed by all parties and Chief Judge Boyle; served. (bb) (Entered: 07/29/2002)
Case closed non-perm (bb) (Entered: 07/29/2002)

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