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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NUMBER:
//

HOLT’S FAMILY RESTAURANT, Defendant.

COMPLAINT 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 sex (female), and to provide appropriate relief to Wanda Butler and Raven Stamey who were adversely affected by such practices. The Equal Employment Opportunity Commission alleges that Wanda Butler and Raven Stamey were subjected to a sexually hostile work environment and constructively discharged from their employment by Holt’s Family Restaurant.
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(t)(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 (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)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(0(1) and (3). 4. At all relevant times, Defendant, Holt’s Family Restaurant (the "Defendant"), has continuously been a North Carolina partnership doing business in the State of North Carolina and the City of Lincolnton, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title Vii, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, Wanda Butler and Raven Stamey filed charges with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 2003, Defendant has engaged, in unlawful employment practices at its Lincolnton, North Carolina facility, in viol.ation of Section 703(a)(l) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1). The unlawful practices include: a. subjecting Wanda Butler and Raven Stamey to a sexually hostile work environment, including sexual comments, sexual advances, and sexual touching by one of the Defendant’s partners and/or owners who had authority over Ms. Butler and Ms. Stamey; and b. constructively discharging Wanda Butler and Raven Stamey from their

employment. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Wanda Butler and Raven Stamey 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 Wanda Butler and Raven Stamey.
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, constructive discharge and any other employment practice which discriminates on the basis of
sex.
B. 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.
C. Order Defendant to make whole Wanda Butler and Raven Stamey by providing appropriate backpay 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 or front pay.
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D. Order Defendant to make whole Wanda Butler and Raven Stamey 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, in

amounts to be determined at trial.

E. Order Defendant to make whole Wanda Butler and Raven Stamey by providing

compensation for past and future nonpecuniary losses resulting from the unlawful employment

practices complained of in paragraph 7 above, including but not limited to emotional pain7

suffering, inconvenience, loss of enjoyment of life, loss of civil rights, and humiliation, in

amounts to be determined at trial.

F. Order Defendant to pay Wanda Butler and Raven Stamey punitive damages for its

malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at

trial.

Go

Grant such further relief as the Court deems necessary and proper in the public

interest.

Ho

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.

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W.
c_~_ ............... Washi/jn~n, D.C. 20507

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LYNETTE A. BARNES Acting Regional Attorney

KIRK J. ANGEL
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Telephone: 704.344.6888

 
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EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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Plaintiff,

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HOLT'S FAMILY RESTAURANT,

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Defendant.

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CIVIL ACTION NUMBER 5:04CVII

CONSENT DECREE

The Equal Employment Opportunity Commission (the "EEOC" or "Commission")

instituted this action seeking relief for Raven Stamey and Wanda Butler, pursuant to Section

706([)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-

5(t)(I) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.

The Commission and Defendant (collectively "the Parties") stipulate to jurisdiction of the

Court over them and agree that the subject matter of this action is properly before the Court.

The Paliies have advised the Court that they desire to resolve this action without the

burden, expense, and delay of contested litigation.

It is therefore the IInding of this Court, made on the pleadings and the record as a whole,

that: (I) the Court has jurisdiction over the Parties and the subject matter of this action; (2) the

purpose and provisions of Title VlI will be promoted and effectuated by the entry of the Consent

Decree; and (3) this Consent Decree resolves all matters in controversy between the Parties as

provided in paragraphs 1 through 14 below.

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,-
It is therefore ORDERED, ADJUDGED AND DECREED as follows: I. Defendant shall not discriminate against any employee on the basis of sex within the meaning ofTitle VII, and specifically shall not subject employees to sexual harassment in violation ofTitle VII. 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 of the filing ofa 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 the sum of seven thousand five hundred dollars ($7500.00) in settlement of the claims raised in the Complaint filed by the EEOC. Defendant will make payment by issuing a check for three thousand seven hundred fifty dollars ($3750.00) made payable to Wanda Butler and a check for three thousand seven hundred fifty dollars ($3750.00) made payable to Raven Stamey. Within ten (10) days of the entry of this Consent Decree, Defendant will mail the checks to addresses to be provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte NC, 28202 a copy of the checks and proof of the delivery of same. 4. Defendant agrees to eliminate from the employment records of Raven Stamey and Wanda Butler any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the tiling of EEOC Charge Number 140-2003-04022 or 140-200304024 and the related events that occurred thereafter. Within 10 days of taking this action, Defendant will notifY the EEOC that this action has been completed. 5. Defendant shall provide Raven Stamey and Wanda Butler with positive letters of
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reference, addressed To Whom it May Concern, for the purposes of obtaining employment. 6. Defendant shall institute and implement an anti-harassment policy and procedure.
Defendant shall also provide a training program to all of its managers, supervisors and employees. The training program shall include an explanation of the requirements of Title VII and its prohibition against sex discrimination in the workplace, including sexual harassment. Each training program shall also cover Defendant's anti-harassment policy and procedure and an explanation of the rights and responsibilities of employees and managers under the policy and procedure. The first training program shall be completed within sixty (60) days after entry of this Consent Decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of the 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. During the ternl of this Consent Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Consent Decree, in a place where it is visible to all employees. If any posted Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within ten (10) days of the entry of the Consent Decree, Defendant shall certifY to the Commission that the Notice has been posted.
8. Defendant shall provide the Commission with semi-annual reports during the term of this Consent Decree. The reports shall include the following information: (a) the identities of all individuals who have complained of sex discrimination or sexual harassment, including by way of identification each individual's name, sex, address, telephone number, position, supervisor and social security number; (b) a detailed statement ofthe individual's complaint; (c)
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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. Defendant shall submit the first such report to the Commission four (4) months after the entry ofthis Consent Decree and every six (6) months thereafter during the term of this Consent Decree.
9. Defendant agrees that the Commission may monitor compliance with this Consent Decree. As a part of such agreement, the Commission may inspect the Defendant's premises or facilities interview employees and examine and copy documents.
10. If at anytime during the term 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 then have ten (10) days in which to investigate and respond to the allegations. Thereatler, the Commission and Defendant shall have a period of five (5) days or such additional period as may be agreed lIpon by them, in which to engage in negotiation and conciliation regarding slich allegations betore the Commission exercises any remedy provided by law.
11. The term of this Consent Decree shall be for three (3) years from its entry by the Court.
12. The Parties shall each bear their own costs and attorney's fees. 13. This Court shall retain jurisdiction of this action 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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.-

14. By entering into this Consent Decree, Defendant makes no admission whatsoever

of any violation of law.
,
Date

~~ Western District of North Carolina

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

FOR PLAINTIFF, EEOC
ERIC S. DRElBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W.
C/;~9n, D.C. 20507
~~{fi)//
LYNETTE A. BARNES Acting Regional Attorney 129 W. Trade St. Suite 400 Charlotte, NC 28202 Telephone (704) 344-6878 Facsimile (704) 344-6780

FOR DEFENDANT, HOLT'S FAMILY RESTAURANT
By: C~E~
VAN HOY, REUTLTNGER, ADAMS & DUNN
737 East Boulevard Charlotte, NC 28203 Telephone 704.37 6022 Facsimile 704.37 16024
I
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oSLEY L. DEA ENDLETON & PENDLETON, P.A. 211 North Academy Street P.O. Box 159 Lincolnton, NC 28092 Telephone 704.735.0483 Facsimile 704.735.1541

K,RITH COHEN Senior Trial Attorney 1309 Annapolis Drive Raleigh, North Carolina 27608-2129 Telephone (919) 856-4148 Facsimile (919) 856-4156
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NOTICE TO EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered in the above-styled case. Federal law prohibits discrimination against any employee or applicant for employment because of the individual's sex, race, color, religion, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. In barring sex discrimination, Federal law prohibits sexual harassment. Sexual harassment includes subjecting employees to sexual comments or conduct that culminates in a tangible job action (such as discharge) or creates a hostile and offensive working environment. Federallaw also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.
Holt's Family Restaurant supports and wiII comply with such federal law in all respects and wiII not take action against employees because they have exercised their rights under the law. Specifically, Holt's Family Restaurant will not discriminate against or harass any employee because of his or her sex.
Holt's Family Restaurant has adopted an equal employment opportunity policy and procedure and will ensure that all management, supervisors, and other employees abide by the requirements of that policy. Holt's Family Restaurant will take all actions required by the United States District Court, including the payment of monetary relief to the aggrieved individual, and the posting of this notice.
If you believe that you have been discriminated against based on your sex or sexually harassed, you should report the discriminatory conduct promptly to Holt's Family Restaurant, or to the U.S. Equal Employment Opportunity Commission.
This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission.
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Date

for Holt's Family Restaurant

APPENDIX A

cbb United States District Court
for the Western District of North Carolina
December 10, 2004
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:04-cv-00011
True and correct copies of the attached were mailed by the clerk to the following:
Wesley L. Deaton, Esq. Pendleton & Pendleton, P.A. P. O. Box 159 Lincolnton, NC 28093 0159
Craig A. Reutlinger, Esq. Van Hoy, Reutlinger, Adams & Dunn 737 East Blvd. Charlotte, NC 28203
Kerith Cohen, Esq. Equal Employment Opportunity Comm. 1309 Annapolis Drive Raleigh, NC 27608
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202
cc: Judge Magistrate Judge U.S. Marshal Probation U.S. Attorney Atty. for Deft. Defendant Warden Bureau of Prisons Court Reporter Courtroom Deputy Orig-Security Bankruptcy Clerk's Ofc. Other

-
Date: 12-!C-ot

Frank.
By: ~a,

Johns, Clerk

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Depub Cler

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?257998070687693-L_...

U.S. District Court Western District of North Carolina (Statesville) CIVIL DOCKET FOR CASE #: 5:04-cv-00011

CLOSED, MAG

EEOC v. Holt's Family Restau Assigned to: Richard Voorhees Referred to: David Keesler Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 02/04/2004 Date Terminated: 12/10/2004 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 Drive Raleigh, NC 27608 919/856-4148 Fax: 919/856-4156 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
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 TERMINATED: 04/15/2004 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

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V. Defendant Holt's Family Restaurant

represented by Craig A Reutlinger Van Hoy, Reutlinger, Adams & Dunn 737 East Boulevard Charlotte, NC 28203 704-375-6022 Fax: 704-375-6024 Email: cbrooks-vrad@carolina.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wesley L. Deaton Pendleton & Pendleton, P.A. P. O. Box 159 Lincolnton, NC 28093-0159 (704) 735-0483 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/04/2004 02/04/2004
02/06/2004 02/06/2004 02/25/2004 02/25/2004 03/17/2004 04/01/2004 04/12/2004

#

Docket Text

1 COMPLAINT Filing Fee - Waived (cbb) (Entered: 02/06/2004)
2 REQUEST FOR WAIVER of Service as to Holt's Family Restau mailed on 2/4/04 Waiver of Service due by 3/5/04 for Holt's Family Restau (cbb) (Entered: 02/06/2004)
3 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Refusal (cbb) (Entered: 02/06/2004)
4 CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb) (Entered: 02/06/2004)
5 CONSENT/REFUSAL to Magistrate Jurisdiction by Holt's Family Restau Refusal (cbb) (Entered: 02/26/2004)
6 ANSWER to Complaint by Holt's Family Restau; w/cs (cbb) (Entered: 02/26/2004)
7 WAIVER OF SERVICE Returned Executed as to Holt's Family Restau 2/4/04 Answer due on 4/5/04 for Holt's Family Restau (cbb) (Entered: 03/17/2004)
8 Certificate of I.A.C. and Discovery Plan by defendant Holt's Family Restau, plaintiff EEOC cc: RLV (cbb) (Entered: 04/02/2004)
9 INITIAL PRETRIAL ORDER Discovery deadline is 2/28/05 Motion filing deadline is 3/31/05 Report of Mediator due: 4/29/05 Jury Trial set for 10:00 11/7/05 before Judge Richard L. Voorhees ETT: 3-4 days ( signed by Judge Richard L. Voorhees ) cc: attys of record (cbb) (Entered: 04/12/2004)

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04/15/2004 05/05/2004 05/11/2004
05/21/2004 12/10/2004 12/10/2004

10 Substitution of Counsel terminating attorney Kirk J. Angel for EEOC and substituting Kerith Cohen (tme) (Entered: 04/19/2004)
11 MOTION by Holt's Family Restau to Extend Time to 6/11/04 to resp to plf's discovery w/cs cc: RLV (cbb) (Entered: 05/06/2004)
12 ORDER granting [11-1] motion to Extend Time to 6/11/04 to resp to plf's discovery ( signed by Judge Richard L. Voorhees ) [EOD DATE: 5/12/04] (tme) (Entered: 05/12/2004)
CASE REFERRED to Magistrate Judge David C. Keesler (cbb) (Entered: 05/21/2004)
13 CONSENT DECREE by defendant Holt's Family Restau, plaintiff EEOC cc: attys of record (cbb) (Entered: 12/10/2004)
Case closed (cbb) (Entered: 12/10/2004)

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