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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MID-STATE PETROLEUM, INC. d/b/a )

THE POP SHOPPE,

)

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. 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 bases of religion (Islam) and to provide appropriate relief to Conscious Washington who was adversely affected by the practices. Specifically, Plaintiff Equal Employment Opportunity Commission (“the Commission”) alleges that Defendant Mid-State Petroleum, Inc. d/b/a The Pop Shoppe (“Defendant”) discriminated against Conscious Washington by refusing to reasonably accommodate her sincerely held religious belief and failing to hire her because of her religion, Islam.
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 (the "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 of 1964, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Charlotte 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 under 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, Conscious Washington 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. On or about October 4, 2005, Defendant engaged in unlawful employment practices at its location at 6865 Albemarle Road in Charlotte, North Carolina, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1) when it failed to accommodate Conscious Washington’s religion (Islam), and failed to hire her because of her religious beliefs or practices. Specifically, on or about October 4, 2005, Ms. Washington applied for an available
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clerk position at Defendant’s Albemarle Road location. Ms. Washington informed Defendant of her sincerely held religious belief that requires her to wear a hijab (a religious head scarf) when in public. Defendant had a dress code policy that conflicted with Ms. Washington’s belief in that it prohibited employees from wearing any headdress unless issued by the company. On or around October 4, 2005, Defendant refused to hire Ms. Washington for a clerk position because she could not work without wearing a hijab. Ms. Washington was fully qualified for the clerk position.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Conscious Washington of equal employment opportunities and otherwise adversely affect her status as an employee because of her religion, Islam.
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 Conscious Washington.
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 any employment practice that discriminates on the basis of religion.
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B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for employees regardless of their religion and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Conscious Washington 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 the unlawful employment practices described in paragraph 7 above, including but not limited to rightful place hiring or an award of front pay.
D. Order Defendant to make whole Conscious Washington 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 medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Conscious Washington by providing compensation for past and future non-pecuniary 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, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendant to pay Conscious 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.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this the 28th day of September, 2006.
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
s/ Lynette A. Barnes LYNETTE A. BARNES (N.C. Bar No. 19732) Regional Attorney e-mail: lynette.barnes@eeoc.gov
TINA BURNSIDE Supervisory Trial Attorney
s/ Mary M. Ryerse MARY M. RYERSE (S.C. Bar No. 68387) Trial Attorney e-mail: mary.ryerse@eeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Phone: 704.344.6886 Fax: 704.344.6780
ATTORNEYS FOR PLAINTIFF
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MID-STATE PETROLEUM, INC. d/b/a )

THE POP SHOPPE,

)

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. 3:06-cv-00413 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)(1) and (3) ("Title VII"), and Section 102 of the Civil

Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s complaint alleged that Defendant

Mid-State Petroleum, Inc. d/b/a The Pop Shoppe discriminated against Conscious Washington by

refusing to reasonably accommodate her sincerely held religious belief and failing to hire her

because of her religion, Islam.

The Commission, and the Defendant, Mid-State Petroleum, Inc. d/b/a The Pop Shoppe

(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.

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

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 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of religion or any other protected category within the meaning of Title 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 of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute. 3. Defendant shall pay Conscious Washington the sum of Forty Thousand and no/100 dollars ($ 40,000.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Conscious Washington. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Conscious Washington at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Ms. Washington. Defendant shall subsequently issue a Form 1099 reflecting the payment made to Ms. Washington and Ms. Washington shall be solely responsible for all taxes due and owing on the settlement funds described herein. 4. Within ten (10) days of the entry of this Decree by the Court, Defendant shall eliminate from any employment or application records related to Conscious Washington any and all documents, entries, or references of any kind relating to the facts and circumstances which led
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to the filing of EEOC Charge Number 140-2006-0140 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this Decree by the Court, Defendant shall report compliance with this provision to the Commission.
5. Within ninety (90) days of the entry of this decree by the Court, Defendant shall modify its Dress Code, Policy OP-03 of its Policies and Procedures, to include language notifying managers, supervisors and employees that clothing worn for religious reasons may be an exception to the dress code policy.
6. Within ninety (90) days of the entry of this decree by the Court, Defendant shall adopt, implement, and distribute formal, written procedures for receiving requests for religious accommodations from employees and applicants. Defendant shall distribute to each current manager, supervisor and employee a copy of the written procedures within the aforementioned 90 day time period. Within one hundred (100) days of the entry of this decree, Defendant shall report compliance to the Commission. During the term of this Decree, Defendant shall distribute the procedures to all new managers, supervisors, and employees and review it with them at the time of hire.
7. During the term of this Decree, Defendant shall post a copy of the policy described above in paragraph 6, in all their facilities in a place that is visible to employees. If the policy becomes defaced or unreadable, Defendant shall replace it posting another copy of the policy. Within 95 days, after the Consent Decree is entered, Defendant will post the policy and notify the EEOC that it has been posted.
8. During the term of this Decree, Defendant shall provide an annual training program to all of its managers and supervisors. Each training program shall include an explanation of the requirements for religious accommodation under Title VII of the Civil Rights
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Act of 1964, and its prohibition against retaliation in the workplace. Each training program shall include an explanation of Defendant’s procedures referenced in paragraph 6 above, and an explanation of the rights of employees and responsibilities of managers and supervisors under those procedures.
The first training program shall be completed within one hundred (100) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to the program, Defendant shall provide the Commission with an agenda for the training program. Within ten (10) days after completion of each training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all managers and supervisors in attendance.
9. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part of this Decree, in a place where it is visible to employees at its facilities. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, Defendant shall notify the Commission that the Notice has been posted pursuant to this provision.
10. During the term of this Consent Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due four (4) months after approval by the Court of this Decree. The reports shall include the following information:
A. The identities of all individuals who requested a religious accommodation, including by way of identification each person’s name, last known telephone number and address, social security number, and job title;
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B. For each individual identified in 10.A. above, provide a detailed description of the individual’s request;
C. For each individual identified in 10.A. above, provide a detailed description of what action, if any, Defendant took in response to the request, and a description of all proposed accommodations;
D. For each individual identified in 10.A. above, if the request for a religious accommodation was denied, provide all reasons why the request was denied.
In the event there is no activity to report pursuant to this paragraph, Defendant shall send the Commission a “negative” report indicating no activity.
11. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant’s facilities, interview managers, supervisors or employees and examine and copy documents.
12. If anytime during the term of this 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 (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
13. The term of this Decree shall be for three (3) years from its entry by the Court. 14. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 15. Each party shall bear its own costs and attorney’s fees.
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16. This Court shall 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.
Signed: March 4, 2007
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This the 26th day of February, 2007.

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
s/ Mary M. Ryerse MARY M. RYERSE (S.C. Bar No. 68387) Trial Attorney e-mail: mary.ryerse@eeoc.gov
TINA BURNSIDE Supervisory Trial Attorney

DEFENDANT MID-STATE PETROLEUM, INC. d/b/a THE POP SHOPPE
s/ Kim R. Bauman KIM R. BAUMAN (N.C. Bar No. 9115) WYATT EARLY HARRIS WHEELER, LLP P.O. Drawer 2086 High Point, North Carolina 27261-2086 Telephone: 336.884.4444 e-mail: kbauman@wehwlaw.com
ATTORNEY FOR DEFENDANT

s/ Lynette A. Barnes LYNETTE A. BARNES (N.C. Bar No. 19732) Regional Attorney e-mail: lynette.barnes@eeoc.gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Phone: 704.344.6886 Facsimile: 704.344.6780
ATTORNEYS FOR PLAINTIFF

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MID-STATE PETROLEUM, INC. d/b/a )

THE POP SHOPPE,

)

)

Defendant.

)

_____________________________________ )

CIVIL ACTION NO. 3:06-cv-00413 EMPLOYEE NOTICE

1. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity
Commission and Mid-State Petroleum, Inc., d/b/a The Pop Shoppe in a case of discrimination based on religion. As part of the settlement, Mid-State Petroleum, Inc. has agreed to take actions set out in the Consent Decree resolving this matter.

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. Title VII specifically prohibits discrimination based on religion.

3. Mid-State Petroleum, Inc. will comply with such federal law in all respects. Furthermore, MidState Petroleum 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

This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission.

DO NOT REMOVE THIS NOTICE UNTIL: ____________________________, 2010.

Exhibit A

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?124457306020092-L_...

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:06-cv-00413

CLOSED, REFUSE

Equal Employment Opportunity Commission v. Mid-State Petroleum, Inc. Assigned to: Robert J. Conrad, Jr Referred to: David Keesler Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2006 Date Terminated: 03/04/2007 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by 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

Mary Margaret Ryerse EEOC U.S. Equal Employment Opportunity Commission 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704-344-6886 Fax: 704-344-6780 Email: mary.ryerse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Mid-State Petroleum, Inc. doing business as The Pop Shoppe

represented by Kim R. Bauman Wyatt Early Harris & Wheeler, LLP P.O. Drawer 2086 High Point, NC 27261 336/ 884-4444 Fax: 336/ 884-1102 Email: kbauman@wehwlaw.com LEAD ATTORNEY

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?124457306020092-L_...

ATTORNEY TO BE NOTICED

Date Filed 09/28/2006 09/28/2006
09/28/2006 09/28/2006 11/01/2006 11/22/2006 11/22/2006 12/22/2006 12/28/2006 03/04/2007

#

Docket Text

1 COMPLAINT against Mid-State Petroleum, Inc., filed by Equal Employment Opportunity Commission.(Ryerse, Mary) (Entered: 09/28/2006)
NOTICE of ECF Case Opening Error re: 1 Complaint Summons not issued. Filer shall conventionally or electronically submit civil summons for issuance to the Clerk of Court. No request for waiver of service. If summons not to be issued, filer shall file a request for waiver of service using the Request for Waiver of Service event. (apb) (Entered: 09/28/2006)
Case Assigned to Judge Robert J. Conrad, Jr and David Keesler. This is your only notice - you will not receive a separate document.(apb) (Entered: 09/28/2006)
2 REQUEST FOR WAIVER of Service sent to Registered Agent for Mid-State Petroleum, Inc. on 9/28/06 by Equal Employment Opportunity Commission. (Ryerse, Mary) (Entered: 09/28/2006)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Mid-State Petroleum, Inc. waiver sent on 9/28/2006, answer due 11/27/2006. (Ryerse, Mary) (Entered: 11/01/2006)
5 Defendant's ANSWER to Complaint by Mid-State Petroleum, Inc..(Bauman, Kim) (Entered: 11/22/2006)
6 Corporate Disclosure Statement by Mid-State Petroleum, Inc. (Bauman, Kim) (Entered: 11/22/2006)
8 CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, Mid-State Petroleum, Inc..(Ryerse, Mary) (Entered: 12/22/2006)
9 PRETRIAL ORDER Discovery due by 8/31/2007.,Mediation deadline set for 8/31/2007.,Motions due by 10/1/2007. Signed by Judge David Keesler on 12/28/06. (chh) (Entered: 12/28/2006)
10 CONSENT DECREE. Signed by Judge Robert J. Conrad Jr on 3/4/07. (chh) (Entered: 03/05/2007)

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