Case 5:02-cv-00129-BR Document 1 Filed 02/27/2002 Page 1 of 6

FILE D

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

tfEB 27lOO2

WESTERN DIVISION

DAVID W. DANIEL, CLERK

USDI~TCOURT'EDNC

BY

DEP.CLERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
SAMPSON-BLADEN OIL CO., INC.,
Defendant.

)

)

)

CIVIL ACTION NO.

) 5: D:J--CAJ-/;)CJ- 6DL~

)

)

COMPLAINT

)

JURY TRIAL DEMANDED

)

)

)

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

disability and to provide appropriate relief to Royal 1. Katzenberger who was adversely affected

by such practices. The Commission alleges that Defendant, Sampson-Bladen Oil Co., discriminated against Mr. Katzenberger, a qualified individual who is HIV positive, by disclosing confidential information concerning his medical condition or history, SUbjecting him to discriminatory terms and conditions of employment because of his disability, and discharging him because he is an individual with a disability.
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 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42
I
\

Case 5:02-cv-00129-BR Document 1 Filed 02/27/2002 Page 2 of 6
US.C. §2000(e)-5(t)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42 US.C. §1981.
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 (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 US.c. §12117(a), which incorporates by reference Sections 706(t)(1) and (3) of Title VII, 42 US.C. §2000e-5(t)(1) and (3). 4. At all relevant times, Defendant, Sampson-Bladen Oil Co. ("Defendant" or "Sampson-Bladen Oil"), has continuously been a North Carolina corporation doing business in Hope Mills, North Carolina 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 Section 101(5) of the ADA, 42 US.C.§12111(5), and Section 101(7) ofthe ADA, 42 US.c. §12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§2000e(g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.c. §12111 (2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Royal Katzenberger filed a charge with the Commission alleging violations of Title I of the ADA by Defendant
2

Case 5:02-cv-00129-BR Document 1 Filed 02/27/2002 Page 3 of 6
Sampson-Bladen Oil. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least May 15,2000, Sampson-Bladen Oil has engaged in unlawful employment practices at its Hope Mills, North Carolina facility by discriminating against a qualified individual with a disability, in violation of Sections 102(a) and (d) of Title I of the ADA, 42 U.S.c. §§12112(a) and (d). More specifically, Sampson-Bladen Oil unlawfully disclosed the confidential medical infonnation or history of Royal Katzenberger (who is HIVpositive), subjected Royal Katzenberger to discriminatory tenns and conditions of employment, and discharged Royal Katzenberger because he is an individual with a disability.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Royal Katzenberger of equal employment opportunities and to otherwise adversely affect his employment status because of his disability.
10. The unlawful employment practices complained of in paragraphs 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Royal Katzenberger.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant Sampson-Bladen Oil Co., its officers, successors, assigns, and all persons in active concert or participation with it, from subjecting qualified individuals with a disability to discriminatory tenns and conditions of
3

Case 5:02-cv-00129-BR Document 1 Filed 02/27/2002 Page 4 of 6
employment, discharging employees because of they are individuals with a disability, and from any other employment practice which discriminates on the basis of disability.
B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to treat information regarding employees' medical conditions and histories as confidential medical records and grant a permanent injunction enjoining Defendant from disclosing such information except in accordance with Section 102(d) of Title I of the ADA, 42 U.S.C. §§12112(d).
D. Order Defendant to make whole Royal Katzenberger by providing him with appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices, including but not limited to reinstatement of Royal Katzenberger or, in the alternative, an award of front pay.
E. Order Defendant to make whole Royal Katzenberger by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including but not limited to medical expenses that would have been covered by Defendant's employee benefit plan, in amounts to be determined at trial.
F. Order Defendant to make whole Royal Katzenberger by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 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
4

Case 5:02-cv-00129-BR Document 1 Filed 02/27/2002 Page 5 of 6
detennined at trial. G. Order Defendant to pay Royal Katzenberger punitive damages for its malicious
and reckless conduct, as described in paragraph 8 above, in amounts to be detennined at trial. H. Grant such further relief as the Court deems necessary and proper in the public
interest. 1. 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 .;;> 7 fljay of Fib rIA-a '1~002.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
Regional Attorney
~ LYNETTE~ Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
5

Case 5:02-cv-00129-BR Document 1 Filed 02/27/2002 Page 6 of 6 KERITH COHEN Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 (919) 856-4148
6

 
 Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 1 of 12

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION 8'R..
CIVIL ACTION No.: 5-02-CV-129-00(3)

)

u.s. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SAMPSON-BLADEN OIL CO., INC.,

)

)

Defendant,

)

)

and

)

)

ROYAL KATZENBERGER,

)

)

Intervenor-Plaintiff )

)

v.

)

)

SAMPSON-BLADEN OIL CO., INC.,

)

)

Defendant.

)

)

Complaint of Intervenor

NOW COMES Royal Katzenberger, Intervenor-Plaintiff, serving his motion to

intervene contemporaneously with this Complaint pursuant to the provisions of Fed. R.

Civ. P. 24(a); and Intervenor-Plaintiff, complaining of the Defendant, Sampson-Bladen

Oil Co., Inc., alleges and says:

PRELIMINARY STATEMENT

This is an action under Title I of the Americans with Disabilities Act of 1990 and

Title VII of the Civil Rights Act of 1991 and an action seeking remedies and relieffor

denial of an violation of fundamental, constitutional rights or the Intervenor-Plaintiff who

was adversely affected by such practices committed by the Defendant, Sampson-Bladen

Oil Co., Inc., as well as tort claims premised on State law, including claims for wrongful

J3

Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 2 of 12
discharge and infliction of emotional distress. JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§4s1, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.c. §2000(e)-s(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981 and the Constitutional, statutory and common law of the State of North Carolina.
2. The employment practices and torts alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
3. Defendant, Sampson-Bladen Oil Co., Inc. acted under color of State law, including the common law of the State. PARTIES
4. 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 I of the ADA and instituted this action pursuant the terms of Section 107(a) of the ADA, 42 U.S.c. §12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-s(f)(I) and (3) and the Constitutional and common law of the State of North Carolina.
5. The Defendant, Sampson-Bladen Oil Co. ("Defendant" or "Sampson-Bladen"), is and has been at all times relevant to the Intervenor-Plaintiffs claims been a North
2

Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 3 of 12
Carolina corporation doing business in Hope Mills, North Carolina, among other places, and, upon information and belief, has continuously had more than fifteen employees. 6. Royal Katzenberger ("Intervenor-Plaintiff'), is and has been a citizen of the United States and a resident within the Eastern District of North Carolina and, at the times relevant to his claims, was a qualified individual with a positive HIV status. 7. At all times relevant to the Intervenor-Plaintiff's claims, Sampson-Bladen has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. §12111(5), and Section 101(7) of the ADA, 42 U.S.C. §12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.c. §§2000e(g) and (h). 8. At all times relevant to the Intervenor-Plaintiff's claims, Sampson -Bladen has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2) and the provisions of N.C. GEN.STAT. §§ 143- 422.2..
FACTS 9. On or about May 15, 2000, Intervenor-Plaintiff was hired by Sampson-Bladen to
work at one of its Citgo Lube locations located in Hope Mills, North Carolina. 10. Citgo Lube stores engage in the business of performing oil changes and minor
mechanical services on automobiles for its customers. 11. At the time Intervenor-Plaintiff was hired by Sampson-Bladen, Intervenor-Plaintiff
was placed on a ninety (90) day probationary period during which time he would be considered a temporary employee, but that after thirty (30) days of employment Intervenor-Plaintiff would be eligible for medical and dental benefits through Sampson-Bladen.
3

Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 4 of 12
12. Once Intervenor-Plaintiffhad been employed with Sampson-Bladen for more than thirty (30) days, Intervenor-Plaintiff contacted the principal office of SampsonBladen located in Clinton, North Carolina for the purpose of instituting health and dental benefits. During this contact with the main office of Sampson-Bladen disclosed information related to his health which was sensitive and confidential in nature, specifically, that he was HIV positive.
13. On or about June 30, 2000, John Clark, the owner at the location of SampsonBladen where Intervenor-Plaintiff was employed, informed Intervenor-Plaintiff that he was no longer permitted to drive the customer's vehicles into the bay area and, further, that he would be required to wipe down any tools which he used with bleach at the end of the day.
14. On or about July 1, 2000, Intervenor-Plaintiffleamed that Brian Tysinger, the supervisor at the location of Sampson-Bladen where Intervenor-Plaintiff was employed, had disclosed Intervenor-Plaintiffs HIV status to other employees of Sampson-Bladen.
15. On or about July 2,2000 when Intervenor-Plaintiff arrived at work it was readily apparent that all of the tools had been sprayed down with bleach.
16. On or about July 7 and 10,2000, Intervenor-Plaintiff was required to wipe down all of the tools that he had used during the day with bleach.
17. No other employees of Sampson-Bladen were required to wipe down any tools they had used with bleach.
18. On August 15, 2000, the ninetieth day ofIntervenor-Plaintiffs employment with Sampson-Bladen, Intervenor-Plaintiffs employment was terminated without cause.
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Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 5 of 12
FIRST CLAIM FOR RELIEF 19. Each of the allegations contained in each of the preceding paragraphs of this
Complaint of Intervenor-Plaintiff are adopted and incorporated herein by reference as if fully set forth verbatim. 20. More than thirty days prior to Plaintiff commencing this action, IntervenorPlaintiff filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Sampson-Bladen and all other conditions precedent to the filing of this action were fulfilled in a timely manner. 21. Since at least May 15,2000, Sampson-Bladen has engaged in unlawful employment practices at its Hope Mills, North Carolina facility by discriminating against a qualified individual with a disability, in violation of Sections 102(a) and (d) of title I of the ADA, 42 U.S.C. §§12112(a) and (d). More specifically, Sampson-Bladen unlawfully disclosed the confidential medical information or history ofIntervenor-Plaintiff, subjected him to discriminatory terms and conditions of employment, and discharged Intervenor-Plaintiffbecause he is an individual with a disability. 22. The effect of the practices complained of herein has been to deprive IntervenorPlaintiff of equal employment opportunities and to otherwise adversely affect his employment status because of his disability. 23. The unlawful employment practices complained of herein were intentional. 24. The unlawful employment practices complained of herein were done with malice or with reckless indifference to the federally protected rights of IntervenorPlaintiff.
5

Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 6 of 12
SECOND CLAIM FOR RELIEF 25. Each of the allegations contained in each of the preceding paragraphs of this
Complaint ofIntervenor-Plaintiff are adopted and incorporated herein by reference as if fully set forth verbatim. 26. Sampson-Bladen breached it duties to the Intervenor-Plaintiff and violated the rights of the Intervenor-Plaintiff and failed to recognize and to adequately preserve the rights ofIntervenor-Plaintiff, and the actions and/or inactions of SampsonBladen routinely created an intimidating and offensive work atmosphere. 27. Sampson-Bladen knew or should have known that its actions created an intimidating and offensive work atmosphere. 28. Sampson-Bladen failed to exercise reasonable care to protect the IntervenorPlaintiff from discrimination and unlawful employment practices and therefore breached its duty of providing a workplace free of harassment and discrimination. 29. As a direct and proximate result of defendant's breach, Intervenor-Plaintiffhas suffered emotional distress. 30. The conduct of the Sampson-Bladen by and through its agents and employees as described herein, was extreme and outrageous and was beyond the bounds usually tolerated by a decent society. This conduct was intended to cause and did cause Intervenor-Plaintiff to suffer severe emotional distress.
THIRD CLAIM FOR RELIEF 31. The Intervenor-Plaintiff-Plaintiff hereby incorporates and adopt by reference the
allegations in each of the preceding paragraphs of the Intervenor-PlaintiffPlaintiffs' complaint. 32. The Plaintiff is informed and believes, and therefore alleges, that the acts and
6

Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 7 of 12
conduct of the Defendant, Sampson-Bladen, as herein alleged, were performed and effected under color oflaw of the State of North Carolina. 33. Defendant, Sampson-Bladen, acting under color of state law deprived Plaintiff of rights provided under the First, Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments by subjecting the Intervenor-Plaintiff-Plaintiff to an intimidating, harassing and offensive work atmosphere and ultimately in terminating IntervenorPlaintiff-Plaintiffs employment without just cause and otherwise causing harm and damage to the Intervenor-Plaintiff-Plaintiff. 34. Defendant, Sampson-Bladen had a legal duty to establish, enforce, direct, supervise and control policies, customs, practices, usages, and procedures to be used by its agents and employees and had responsibility for establishing, enforcing, directing, supervising and controlling policies, customs, practices, usages, and procedures of its agents and employees. 35. Acting pursuant to that obligation, but not in proper furtherance of it, Defendant, Sampson-Bladen, by various acts of omission and commission fostered and encouraged an atmosphere of intimidation, harassment and an offensive work environment which represents the policy, practice, custom usage and procedure of the Defendant, Sampson-Bladen. 36. The Defendant, Sampson-Bladen, is liable for the damages and injuries done to Plaintiff for the constitutional deprivations described in herein with consequent damages and other injuries directly inflicted by its employees because their actions and conduct was pursuant to a policy or custom established, allowed, ratified or maintained by Defendant, Sampson-Bladen. 37. The actions and conduct of the Defendants, as alleged herein, deprived the
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Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 8 of 12
Plaintiff of rights secured by the United States Constitution, inter alia: a. The right to freedom of association as secured by the First Amendment to
the United States Constitution; b. The right to be free from a deprivation oflife, liberty, or property without
due process oflaw, as secured by the Fifth and Fourteenth Amendments to the Constitution. 38. Based upon the forgoing, the Plaintiff is entitled to the recovery of damages from Defendant, Sampson-Bladen.
FOURTH CLAIM FOR RELIEF 39. Each of the allegations contained in each of the preceding paragraphs of this
Complaint ofIntervenor-Plaintiff are adopted and incorporated herein by reference as if fully set forth verbatim. 40. Defendant engaged in the wrongful conduct alleged in this complaint. 41. It was reasonably foreseeable that such conduct would cause the IntervenorPlaintiff severe emotional distress or mental anguish. 42. The conduct did in fact cause the plaintiff severe emotional distress. 43. But for such conduct, Defendant would not have been injured in the manner and to the extent injured, and, therefore, Defendant's conduct caused injury and damage to Intervenor-Plaintiff.
FIFTH CLAIM FOR RELIEF 39. As an alternative, or hypothetical claim for relief, each of the allegations contained
in each of the preceding paragraphs of this Complaint of Intervenor-Plaintiff are adopted and incorporated herein by reference as if fully set forth verbatim, and further, Plaintiff alleges as follows:
8

Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 9 of 12
40. Defendant engaged in the extreme, outrageous and wrongful conduct alleged in this complaint.
41. Such conduct was wilful and intended to cause the Intervenor-Plaintiff severe emotional distress or mental anguish.
42. The conduct did in fact cause the Intervenor-Plaintiff severe emotional distress. 43. But for such conduct, Defendant would not have been injured in the manner and to
the extent injured, and, therefore, Defendant's conduct caused injury and damage to Intervenor-Plaintiff.
SIXTH CLAIM FOR RELIEF 39. Each ofthe allegations contained in each of the preceding paragraphs of this
Complaint of Intervenor-Plaintiff are adopted and incorporated herein by reference as if fully set forth verbatim. 40. Intervenor-Plaintiff is a citizen and resident of North Carolina. 41. Intervenor-Plaintiff has a physical impairment or disability which substantially limits one or more major life activities. 42. The record of such an impairment is or became known to Defendant and Defendant is regarded as having such an impairment. 43. But for sch impairment Defendant would not have discharged or refused employment to Intervenor-Plaintiff. 44. Defendant's actions caused injury and damage to Intervenor-Plaintiff.
SEVENTH CLAIM FOR RELIEF 45. Each of the allegations contained in each of the preceding paragraphs of this
Complaint of Intervenor-Plaintiff are adopted and incorporated herein by reference
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Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 10 of 12
as if fully set forth verbatim. 46. At the time of the events, transactions or occurrences or series of them alleged in
this action, Intervenor-Plaintiff was an at-will employee of Defendant. 47. In violation of the public policy of the State of North Carolina and the United
States, Defendant wrongfully discharged Intervenor-Plaintiff, and created a hostile and disparate working environment. 48. The record of such an impairment is or became known to Defendant and Defendant is regarded as having such an impairment. 49. But for sch impairment Defendant would not have discharged or refused employment to Intervenor-Plaintiff. 50. Defendant's actions caused injury and damage to Intervenor-Plaintiff.
EIGHTH CLAIM FOR RELIEF 51. Each of the allegations contained in each of the preceding paragraphs of this
Complaint ofIntervenor-Plaintiff are adopted and incorporated herein by reference as if fully set forth verbatim. 52. The actions and conduct of Defendant Sampson-Bladen described herein was willful, wanton and outrageous conduct. 53. Because of the willful, wanton and outrageous conduct of Sampson-Bladen, Intervenor-Plaintiff is entitled to punitive damages.
PRAYER FOR RELIEF 1. That all issues be tried by jury. 2. That the Intervenor-Plaintiffrecover from the Defendant Sampson-Bladen Oil Co.,
Inc. a sum in excess of $75,000.00 (Seventy Five Thousand Dollars) for compensatory, pecuniary and non pecuniary damages.
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Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 11 of 12
3. That the Intervenor-Plaintiff recover punitive damages from the Defendant Sampson-Bladen Oil Co., Inc. in a sum in excess of $75,000.00 (Seventy Five Thousand Dollars).
4. That all costs of this action be taxed against the Defendant.
5. That Intervenor-Plaintiff be awarded costs and attorneys fees in the manner, amount and fashion as provided by law;
6. For such other and further relief as the Court deems just and proper. Dated: November 14, 2002
MITCHELL, BREWER, RICHARDSON,
ADAMS, BURGE & BOUGHMAN
By:
By: oy . Brewer, Jr
N.C. State Bar N .: 481 2950 Village Drive Fayetteville, NC 28302 Telephone: (910) 678-8900 Facsimile: (910) 678-9099
1:12171754IPLEADINGSICOMPLAINT OF INTERVENOR.WPD
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Case 5:02-cv-00129-BR Document 13 Filed 11/18/2002 Page 12 of 12

Certificate of Service

The undersigned certifies that the undersigned has served a copy of the foregoing

document by mailing a copy in a properly addressed, postage paid envelope, deposited in

the United States Mail, on the date shown below, addressed as follows:

Kerith Cohen Counsel for Plaintiff U.S. EEOC 1309 Annapolis Drive Raleigh, NC 27608

Gretchen W. Ewalt Counsel for Defendant Maupin, Taylor & Ellis, P.A. P.O. Drawer 19764 Raleigh, NC 27619-9764

Date:

MITCHELL, BREWER, RICHARDSON,
ADAMS, BURGE & BOUGHMAN

By:

 
 Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 1 of 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

ROYAL~KATZENBERGER,

)

) Plaintiff-Intervenor, )

)

v.

)

)

SAMPSON-BLADEN OIL CO., INC.

)

)

Defendant.

)

----------------------------)

CIVIL ACTION NO. 5:02-CV-129-BO(3)

CONSENT DECREE The United States Equal Employment Opportunity Commission (the "Commission") instituted this action to enforce Title I of the Americans with Disabilities Act, 42 U.S.C. §12101, et seq. (the "ADA"). Thereafter, Royal J. Katzenberger (the "Intervenor") intervened, alleging violations of the ADA and of state law. Defendant, Sampson-Bladen Oil Co., Inc., (the "Defendant"), denies violating the ADA or state law in any manner. The Commission, the Intervenor, and 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 Commission's Complaint and the Intervemor's Complaint without the burden, expense, and delay of further litigation.

Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 2 of 8
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 the ADA 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 18 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not engage in any employment practice which unlawfully discriminates against any employee under the ADA or disclose confidential information concerning its current or former employees' medical condition(s) or history(ies). 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under the ADA, Title VII of the Civil Rights Act of 1964 or the Equal Pay Act of 1963, 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 compensate Royal J. Katzenberger in settlement of the claims raised in this action the sum of twenty seven thousand five hundred dollars ($27,500.00) in damages and ten thousand dollars ($10,000) in attorney fees. The total amount of thirty seven thousand five hundred dollars ($37,5000.00) shall be paid as follows. Within ten (10) days after the Court approves this Consent Decree, Defendant shall mail a check for twenty three thousand seven hundred fifty dollars ($23,750.00) jointly payable to Royal J. Katzenberger and Mitchell Brewer Richardson Adams Burge & Boughman to Mitchell Brewer Richardson Adams Burge & Boughman, P.O. Box 2917, Fayetteville, NC 28302. Within ten (10) days after the check has been mailed to Mitchell Brewer Richardson Adams Burge & Boughman, Defendant shall mail to
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Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 3 of 8
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. On or before January 10, 2004, Defendant shall mail a check for thirteen thousand seven hundred fifty dollars ($13,750.00) payable jointly to Royal J. Katzenberger and Mitchell Brewer Richardson Adams Burge & Boughman to Mitchell Brewer Richardson Adams Burge & Boughman, P.O. Box 2917, Fayetteville, NC 28302. Within ten (10) days after the check has been mailed to Mitchell Brewer Richardson Adams Burge & Boughman, Defendant 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.
4. Defendant agrees to eliminate from the employment records of Royal J. Katzenberger any and all documents and entries relating to the facts and circumstances which led to the filing of this action. Defendant further agrees to provide neutral employment references for Royal J. Katzenberger.
5. Defendant agrees to develop and adopt a written policy prohibiting employment discrimination on the basis of disability. The policy shall, at a minimum, describe the requirements of the ADA, including: (1) the ADA's prohibition of discrimination against qualified disabled employees or applicants for employment with respect to hiring, promotion, termination, compensation, and other terms, conditions or privileges of employment; (2) the ADA's prohibition of disclosing confidential information concerning employees' medical condition(s) or history(ies); and (3) the ADA's requirement that employers provide reasonable accommodation to disabled employees. The policy shall further describe the procedure by which employees may request an accommodation.
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6.

Within ninety (90) days of the Court's entry of the Consent Decree, Defendant

shall distribute the policy adopted pursuant to Paragraph 5 above to all of its employees,

supervisors, and managers. Thereafter, Defendant shall distribute the policy to its new

employees, supervisors, and managers within thirty (30) days of the commencement of their

employment.

7. Defendant agrees to provide training on the policy described in Paragraph 5 to its

current employees, supervisors, and managers within ninety (90) days of the entry of the Consent

Decree, Defendant further agrees to provide training on the requirements of the ADA to each

newly hired employee, supervisor, and manager within thirty (30) days of the commencement of

his or her employment.

8. Defendant shall verify to the Commission within 120 days of the entry of the

Consent Decree that it has established an ADA training program for its employees. Defendant

shall further verify within 120 days of the entry of the Consent Decree that it has conducted the

training described in Paragraph 7 above for its existing employees and for any new employees

hired within that 120 day period. As part of this verification obligation, Defendant shall report to

the Commission the topics covered in that training and verify that all employees attended the

training.

9. During the term ofthis Decree, Defendant agrees to post continuously its ADA

policy(ies) on its employee bulletin boards or other locations conspicuous to its employees at

each of its North Carolina facilities.

10. For twelve (12) months following the date of entry ofthe Consent Decree,

Defendant shall provide the Commission with semi-annual reports, with the first report being due

four (4) months after entry of the Consent Decree. Defendant shall provide the Commission with

4

Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 5 of 8
, .
the second report six (6) months thereafter. The reports shall contain the following information regarding each employee whose terms and/or conditions of employment have been modified in any way as a result, either in whole or in part, of the employee's medical condition(s): the name, address, telephone number, and social security number of each such employee; a description of the terms and/or conditions of employment that were modified, the reason(s) Defendant modified the employee's terms and/or conditions of employment; and the nature of the employee's medical condition.
11. Defendant agrees that the Commission may upon reasonable notice review compliance with this Decree. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents relevant to the issues in this Decree.
12. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of this Decree, the Commission shall give notice of the alleged violation to the Defendant. Defendant shall have thirty (30) days in which to investigate and respond to the allegations. Thereafter, the Commission and the Defendant 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 exercises any remedy provided by law.
13. 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 each of its North Carolina facilities. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
14. Defendant agrees that all advertisements it places for job vacancies will include a statement that Sampson-Bladen Oil Co., Inc., is an equal opportunity employer that does not
5

Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 6 of 8

discriminate on the basis of disability, race, sex, national origin, color, religion, age, or any other

protected status.

15. Except as otherwise stated in this Decree, each party shall bear its own costs and

attorneys' fees in this action.

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.

17. The term of this Decree shall be for twelve (12) months from its entry by the

Court.

18. Defendant's consent to this agreement shall not be construed as an admission of

liability or of any violation of law or any other act of wrongdoing and Defendant expressly denies

that it has violated federal or state law in any respect.

Date! I

.v~
~judge, u.s. District Court
Eastern District ofNorth Carolina

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

ROYALJ.KATZENBERGER

GWENDOLYN YOUNG REAMS Associate General Counsel Equal Employment Opportunity Commission 1801 "L" Street, N.W. Washington, D.C. 20507

~~ by: M

EINSTEIN--

Regional Attorney

by: ~~~~==:::::::"7-~­ COY BREWER! RONNIE M. MITCHELL Mitchell Brewer Richardson Adams Burge & Boughman P.O. Box 2917 Fayetteville, NC 28302 Tel. (910) 678-8900
ATIORNEY FOR INTERVENOR

6

Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 7 of 8 '"

Equal Employment Opportunity Commission 129 W. Trade Street, Suite. 400 Charlotte, NC 28202
bY:"_rl~P/-.:. .:. .t<.:. . .:. .l;:. .:. . .~_. .I.LG;~\j:. . .:. /l~ .A. . .:. .1_ KERITH COHEN Trial Attorney Equal Employment Opportunity Commission 1309 Annapolis Drive Raleigh, NC 27608 Tel. (919) 856-4148
ATTORNEYS FOR PLAINTIFF

SAMPSON BLADEN OIL CO., INC.
THOMAS A. FARR Maupin Taylor & Ellis 3200 Beachleaf Ct., Suite. 500 P.O. Box 19764 Raleigh, NC 27619 Tel. (919) 981-4000
ATTORNEY FOR DEFENDANT

7

, . '. *" (..

Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 8 of 8

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

and

)

)

ROYALl. KATZENBERGER

)

Intervenor,

)

v.

)

)

SAMPSON-BLADEN OIL CO. INC.,

)

Defendant.

)

-------------------------------)

CIVIL ACTION NO. S:02-CV-129-BO(3)

NOTICE TO EMPLOYEES

1.

Federal law prohibits employers from discriminating against any employee or applicant

for employment because ofthe employee's race, color, religion, sex, national origin, age

(40 or older) or disability. Sampson-Bladen Oil Co., Inc. supports and will comply

with such federal law in all respects. Specifically, Sampson-Bladen Oil Co., Inc. agrees

that it will not discriminate against qualified individuals with a disability.

2.

Sampson-Bladen Oil Co., Inc. 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

APPENDIX A

 
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CLOSED, Jury Trial, USMJ_Webb
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:02-cv-00129-BR

Equal Employment Opp v. Sampson-Bladen Oil C Assigned to: Judge W. Earl Britt Demand: $0 Cause: 42:12101 The Americans with Disabilities Act of 1990

Date Filed: 02/27/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

V. Intervenor Plaintiff Royal Katzenberger

represented by Coy E. Brewer Mitchell Brewer Richardson Adams Burge & Boughman coy.brewer@mbr-law.com P. O. Box 2917 Fayetteville, NC 28302 910-678-7100 Fax: 678-9099 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronnie M. Mitchell Mitchell Brewer Richardson 225 Ray Avenue Fayetteville, NC 28301 910-678-7100 Fax: 910-678-9099 Email: ronnie.mitchell@mbr-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant Sampson-Bladen Oil Co., Inc.

represented by Gretchen W. Ewalt Ogletree, Deakins, Nash, Smoak & Stewart 2301 Sugarbush Rd. Suite 600 Raleigh, NC 27612 919-787-9700 Fax: 919-783-9412 Email: gretchen.ewalt@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/27/2002 02/27/2002 02/27/2002 02/27/2002 02/27/2002 03/28/2002 04/24/2002 05/08/2002 05/08/2002 05/10/2002 06/12/2002 06/19/2002
06/21/2002 09/13/2002

#

Docket Text

1 Complaint filed alleging violation of 42 USC 12117, Americans w/Disabilities Act; JURY DEMAND (bb) (Entered: 02/28/2002)
(bb) (Entered: 02/28/2002)
(bb) (Entered: 02/28/2002)
Request for waiver of summons served w/complaint (bb) (Entered: 02/28/2002)
2 Request for Waiver of Service as to Sampson-Bladen Oil C 2/27/02 Waiver of Service due by 3/29/02 for Sampson-Bladen Oil C (bb) (Entered: 03/15/2002)
3 Waiver of Service Returned Executed as to Sampson-Bladen Oil C 2/27/02 Answer due on 4/28/02 for Sampson-Bladen Oil C (bb) (Entered: 04/04/2002)
4 Answer to Complaint by Sampson-Bladen Oil C (bb) (Entered: 05/06/2002)
5 Order, reassigning/referring case to Judge Britt signed by Clerk D. Daniel. (bb) (Entered: 05/08/2002)
Case reassigned to Judge W. E. Britt (bb) (Entered: 05/08/2002)
6 Request for Discovery Plan: Discovery Plan due by 6/24/02. w/STANDING ORDER. (js) (Entered: 05/15/2002)
7 Discovery Plan filed by Equal Employment Opp, Sampson-Bladen Oil C. cy. to MJ Webb. (js) (Entered: 06/24/2002)
8 Order on Scheduling by Magistrate Judge Webb setting Discovery cutoff 1/31/03 Deadline for filing of all motions 3/1/03. served. cy. to J. Britt for trial date. (js) (Entered: 06/24/2002)
9 Order on Scheduling by setting Jury Trial scheduled for 6/2/03 before Judge Britt Place: Raleigh. served. cy. to Beth. (js) (Entered: 06/24/2002)
10 Motion by Royal Katzenberger with memorandum in support to intervene as plaintiff . (js) (Entered: 09/16/2002)

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09/23/2002 09/23/2002 10/28/2002
11/08/2002
11/18/2002 11/26/2002 11/26/2002 03/13/2003 03/17/2003 03/17/2003 04/09/2003

11 Response by Sampson-Bladen Oil C to [10-1] motion to intervene as plaintiff. NO OPPOSITION. (js) (Entered: 09/23/2002)
11 Motion by Sampson-Bladen Oil C to amend [8-1] Scheduling order . w/CONSENT. (js) (Entered: 09/23/2002)
Motion(s) referred: referred [11-1] motion to amend [8-1] Scheduling order to USMJ William A. Webb, [10-1] motion to intervene as plaintiff to USMJ William A. Webb on 10/28/02. (js) (Entered: 10/28/2002)
12 Order granting [11-1] motion to amend [8-1] Scheduling order, granting [10-1] motion to intervene as plaintiff. PLTF. INTV. ROYAL KATZENGERGER IS DIRECTED TO FILE PLEADINGS W/IN 7 DAYS OF ENTRY OF THIS ORDER. reset discovery due for 3/3/03 , reset motion filing deadline for 4/3/03 . TRIAL DATE REMAINS SAME. signed by Webb, MJ. served. (js) (Entered: 11/10/2002)
13 Intervenor's complaint by Royal Katzenberger agst. Sampson-Bladen Oil Co. (js) (Entered: 11/26/2002)
Summons(es) issued for Sampson-Bladen Oil C for intervenor complaint. (js) (Entered: 11/26/2002)
14 Answer by Sampson-Bladen Oil C to [13-1] intervenor complaint (js) (Entered: 12/04/2002)
Proposed consent decree received and forwarded to Judge Britt w/case file for consideration (bb) (Entered: 03/13/2003)
15 Consent judgment for Royal Katzenberger against Sampson-Bladen Oil C signed by all parties and approved by Judge Britt. (bb) (Entered: 03/26/2003)
Case closed non perm (bb) (Entered: 03/26/2003)
16 Document filed by defendant Sampson-Bladen Oil C titled: NOtice of Change of Counsel of Record (bb) (Entered: 04/10/2003)

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