IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
E/.STI!!RJl DIVISION
!fit:w-lAe~'"

F I LED
,SEe,2.4 iOOJ

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

TANDS, INC., d/b/a BOJANGLES,

)

)

Defendant.

)

)

DAVID W DANIEL CLERK
US~T COURT, EDNC

BY;

DEP. CLERK

CIVIL ACTION NO. 7:t71-C.t/-/9't/~/{'1

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 and to provide appropriate relief to employees who were adversely affected by the practices. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), alleges that Defendant Tands, Inc., d/b/a! Bojangles ("Defendant"), discriminated against Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, because of their sex, female. The Commission further alleges that Defendant retaliated against Teresa A. Cox and similarly situated employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, because they engaged in protected activity under Title VII by opposing unlawful discrimination and/or participating in an investigation of unlawful discrimination.

\

JURISDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuantto 28 U.S.c. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f) (I) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f) (I) 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 Eastern 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 of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(I) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(I) and (3). 4. At all relevant times, Defendant Tands Inc., d/b/a Bojangles, 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 Tands Inc., d/b/a Bojangles has continuously been an employer engaged in an industry affecting commerce under Sections 70 I (b), (g) and (h) ofTitle 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, Teresa A. Cox 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.
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7. Since at least August 2000, Defendant has engaged in unlawful employment
practices at one or more of its restaurants located in Jacksonville, North Carolina, in violation of
Section 703(a)(l) ofTitle VII, 42 U.S.C. § 2000e-2(a)(l), as set forth below:
a. Defendant subjected Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, to discrimination based on their sex by maintaining a sexually hostile work environment. The sexual harassment included unwelcome sexual touching, comments, and advances by a supervisor. Although the women complained about the sexual harassment, and Defendant otherwise knew or reasonably should have known about the sexual harassment, Defendant failed to take appropriate action to stop it.
b. Defendant discharged or constructively discharged, and otherwise retaliated against Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, because they engaged in protected activity under Title VII by opposing unlawful discrimination and/or participating in an investigation of unlawful discrimination.
8. The effect of the practices complained of in paragraph 7 above has been to
deprive Teresa A. Cox and similarly situated female employees, including but not limited to
Anita Beatty, Audra Hannan, and Debbie Leslie, of equal employment opportunities and
otherwise adversely affect their status as employees because of their sex, female, and because
they engaged in protected activity under Title VII.
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 Teresa A. Cox
and similarly situated female employees, including but not limited to Anita Beatty, Audra
Hannan, and Debbie Leslie.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Tands, Inc., d/b/a Bojangles, 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 and from retaliating against employees who engage in protected activity under Title VII. B. Order Defendant Tands, Inc., d/b/a Bojangles, 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 Tands, Inc., d/b/a Bojangles, to make whole Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, 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 the reinstatement of or front pay for the affected employees. D. Order Defendant Tands, Inc., d/b/a Bojangles, to make whole Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, 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 Tands, Inc., d/b/a Bojangles, to make whole Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan,
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and Debbie Leslie, by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of e~oyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Tands, Inc., d/b/a Bojangles, to pay Teresa A. Cox and similarly situated female employees, including but not limited to Anita Beatty, Audra Hannan, and Debbie Leslie, 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.
DATED this 1.t.f ~ay of September, 2001.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
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~~k~' MIND~STEIN
Regional Attorney
~ LYNETTE A. BARNES Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
ifruU~ (l~ RITHCOHEN Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 ATTORNEYS FOR PLAINTIFF
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IN THE UNITED STATES DISTRICT COURT THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

V~V, O'S\·

EQUAL EMPLOYMENT OPPORTUNITY

)

FILED ~-IO -03~)'

COMMISSION,

) )

DAVIS W. DANIEL, Cl.ERK .JS DJS~1C't COURT, EDHc

Plaintiff,

)

CIVIL ACTION NO.

)

v.

)

7:01-CV-180 BRI(I)

)

TANDS, INC., dIb/alBOJANGLES,

)

)

Defendant.

)

)

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)(I) and (3), ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. The Commission and the Defendant, Tands, Inc. dIb/a Bojangles. (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. The parties further agree that by entering into this Consent Decree the Defendant does not admit any liability to the Commission or to any other person or entity under Title VII or otherwise. 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

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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 will not discriminate against individuals on the basis of sex or any other protected category within the meaning of Title VII. 2. Defendant will 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 of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the foregoing statute. 3. In settlement of the claims raised in this action, Defendant will pay the sum of six thousand dollars ($6,000.00) to each of the following individuals: Teresa Cox, Linda Bailey, Anita Beatty, Audra Hannan, Layouna Howells, and Debbie Leslie. Within five (5) 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 checks have been sent, Defendant will mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the checks and proof of their delivery. 4. Defendant agrees that it will post a copy of its sexual harassment policy in all of its facilities in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant will replace it by posting another copy of the policy. 5. Defendant agrees that it will provide a training program to all of its management and supervisory employees. At least fifteen (15) days prior to the program Defendant will
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provide the Commission with an agenda for the training program. The training program 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 discrimination in the workplace, including harassment and retaliation. 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 will be completed within ninety (90) days after entry of the decree by the Court. Within ten (10) days after completion of the training, Defendant will certify to the Commission the specific training which was undertaken and will provide the Commission with a roster of all employees in attendance.
6. Defendant agrees that it will provide a training program to all of its nonmanagement and non-supervisory employees. At least fifteen (15) days prior to the program Defendant will provide the Commission with an agenda for the training program. The training program 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 discrimination in the workplace, including harassment and retaliation. 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 will be completed within ninety (90) days after entry of the decree by the Court. Within ten (10) days after completion of the training, Defendant will certify to the Commission the specific training which was undertaken and will provide the Commission with a roster of all employees in attendance.
7. Defendant agrees that it will verbally review its sexual harassment policy with all employees hired after the date this Consent Decree is entered.
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8. During the term of this Decree, Defendant will 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 store number 11. If the Notice becomes defaced or unreadable, Defendant will replace it by posting another copy of the Notice.
9. Defendant agrees that all advertisements it places for job vacancies will include a statement that Tands, Inc. d/b/a Bojangles 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.
10. Defendant agrees to provide the Commission with reports during the term of this Decree. The reports will include the following information: the identities of all individuals who have filed a complaint of sexual harassment under the Defendant's policy including by way of identification each person's name, sex, and a statement of the individual's complaint and what action was taken in response to the individual's complaint. Defendant will submit the reports to the Commission eight (8) months after entry of this Decree and sixteen (16) months after entry of this Decree.
11. Defendant agrees that the Commission may review compliance with this Decree. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission will give notice of the alleged violation to the Defendant and Defendant's counsel. Defendant will have thirty (30) days in which to investigate and respond to the allegations. After this thirty (30) day period, and during the next thirty (30) days, the Commission may upon reasonable advance notice inspect the premises, interview employees, and examine and copy documents during regular business hours. Thereafter, the parties will
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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 exercises any remedy provided by law.
12. The term of this Decree will be for eighteen (18) months from its entry by the Court.
13. Each party will bear its own costs and attorneys' fees 14. This Court will 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

C' aD i (501J/\vv-- ' " Judge, U.S. District Court

Eastern District of North Carolina

The parties jointly request that the Court approve and enter the Consent Decree:
/H~ift. 'fi...,ltrr ~ ~//,~ /.';1 .
;,j~ r;z. e- y J' ~.- ~ Fc---J..~

EQUAL EMPLOYMENT

TA'NDS, IN~. ~OJANGLES

OPPORTUNITY COMMISSION

bY:~/~!I

GWENDOLYN YOUNG REAMS

iih1Ul1P:BalTett '

Associate General Counsel

Joshua M. Krasner

Maupin Taylor & Ellis, P.A.

Equal Employment Opportunity Commission

3200 Beechleaf Court, Suite 500

1801 "L" Street, N.W.

P.O. Drawer 19764

Washington, D.C. 20507

Raleigh, NC 27619

Mindy . ei stein, Regional Attorney Equal Employment Opportunity Commission 129 West Trade Street, Suite 400 Charlotte, NC 28202
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by: fi£IV~ KehCOhen Equal Employment Opportunity Commission
1309 Annapolis Drive Raleigh, NC 27510
6

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. TANDS, INC., dIb/aJ BOJANGLES,
Defendant.

)

)

)

)

CIVIL ACTION NO.

)

)

7:01-CV-180 BRI(l)

)

)

)

)

)

1.

This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity

Commission and Tands, Inc. d/b/a Bojangles in a case of discrimination based on sex.

Specifically, the EEOC alleged that six female employees were subjected to sexual harassment

in violation of Title VII of the Civil Rights Act of 1964. Tands, Inc. denied the allegations.

2.

Federal law requires that employers not discriminate against any employee or applicant for

employment because of the individual's race, color, religion, sex, national origin, age (40 or

older) or disability. Tands, Inc. d/b/a Bojangles supports and will comply with such federal law

in all respects. Specifically, Tands, Inc. d/b/a Bojangles agrees that it will not discriminate

against applicants or employees based on their sex.

3.

Tands, Inc. d/b/a Bojangles 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 their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:

Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820

APPENDIX A

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 CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?903786254451907-L_3...

CLOSED
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Southern Division)
CIVIL DOCKET FOR CASE #: 7:01-cv-00180-BR

Equal Employment Opp v. Tands, Inc. Assigned to: Judge W. Earl Britt Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission
V. Defendant Tands, Inc., Bojangles Famous Chicken & Biscuit

Date Filed: 09/24/2001 Date Terminated: 02/10/2003 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
represented by Joshua M. Krasner Williams Mullen Maupin Taylor Landfall Park North, Suite 200 1985 Eastwood Rd. Wilmington, NC 28403 919-981-4069 Fax: 919-981-4300 Email: jkrasner@maupintaylor.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/24/2001 10/29/2001 11/20/2001

#

Docket Text

1 Complaint filed - seeks back pay, punitive damages, trial by jury, costs of action (bl) (Entered: 09/24/2001)
2 Waiver of Service Returned Executed as to Tands, Inc. 10/24/01 Answer due on 11/16/01 for Tands, Inc. (bl) (Entered: 10/31/2001)
3 Answer to Complaint by Tands, Inc. (bl) (Entered: 11/21/2001)

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CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?903786254451907-L_3...

11/21/2001 01/02/2002 01/16/2002 01/17/2002 06/28/2002 07/03/2002 09/24/2002 10/02/2002 12/26/2002 02/10/2003 02/10/2003

4 Request for Discovery Plan: Discovery Plan due by 12/20/01 (bl) (Entered: 11/21/2001)
5 Discovery Plan filed by Equal Employment Opp, Tands, Inc.; cy w/ dkt sht to MJ Mason on 1/9/02) (bl) (Entered: 01/09/2002)
6 Order on Scheduling by Magistrate Mason setting Discovery cutoff 10/1/02 Deadline for filing of all motions 10/31/02 before No. of Interrogs. 35 No. of Depositions 20 (bl) (Entered: 01/17/2002)
7 Order on Scheduling by setting Jury Trial scheduled for 9:00 4/28/03 before Judge Britt; cys dist. Place: Wilm (bl) Modified on 01/17/2002 (Entered: 01/17/2002)
7 Motion by Equal Employment Opp to extend time to disclose the names, addresses, curricula vitaw & rpts of expert witnesses until 8/30/02 for pltf and 9/30/02 for deft cy: MJ Mason (bl) (Entered: 06/28/2002)
8 Order granting [7-1] motion to extend time to disclose the names, addresses, curricula vitaw & rpts of expert witnesses until 8/30/02 for pltf and 9/30/02 for deft signed by J. Mason; cys dist.. (bl) (Entered: 07/09/2002)
9 Motion by Equal Employment Opp to extend time of the Discovery Period cy: MJ Mason (bl) (Entered: 09/25/2002)
10 Order granting [9-1] motion to extend time of the Discovery Period, reset discovery due for 12/31/02 , reset motion filing deadline for 1/31/03 signed by MJ Mason. OB Ref: cys dist. (bl) (Entered: 10/02/2002)
Ltr. fr. Jonathan R. Harkavy to J. Britt (Dated 12/21/02) advising that this case has settled at the mediated settlement conference in Raleigh on Dec. 20, 2002 and that a consent decree is forthcoming. (bl) (Entered: 01/02/2003)
11 Order (CONSENT DECREE) - signed by all cnsl and signed by J. Britt; cys dist.. (bl) (Entered: 02/10/2003)
Case closed Non perm (bl) (Entered: 02/19/2003)

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