United States District Court, E.D. North Carolina, Western Division
EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff JAMES L. LEE
Deputy General Counsel GWENDOLYN YOUNG REAMS Associate
LYNETTE A. BARNES Regional Attorney YLDA M. KOPKA Supervisory
Trial Attorney, ZOE G. MAHOOD Senior Trial Attorney,
ATTORNEYS FOR PLAINTIFF
COMMUNITY INNOVATIONS, INC., Defendant, ROBERT W. SHAW Smith,
Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP,
ATTORNEY FOR DEFENDANT.
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 in retaliation for
Milton Elliott's ("Elliott") complaints about
sexual harassment, Defendant Community Innovations, Inc.
transferred Elliott, which resulted in a change of his
schedule and reduced his work hours, and ultimately lead to
Elliott's discharge, or in the alternative constructive
discharge, from his employment with Defendant.
Commission and the Defendant, Community Innovations, Inc.
(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.
parties have advised this Court that they desire to resolve
the allegations in the Complaint without the burden, expense,
and delay of further litigation.
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 Consent Decree resolves all matters in
controversy between the parties as provided in paragraphs 1
through 16 below.
therefore ORDERED, ADJUDGED AND DECREED as follows:
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.
Defendant shall pay Milton Elliott the sum of Forty Thousand
Dollars ($40, 000.00) in settlement of the claims raised in
this action. Defendant shall make payment by issuing a check
payable to Elliott. Payment shall be made within fifteen (15)
days after the Court approves this Consent Decree, and
Defendant shall mail the check to Elliott at an address
provided by the Commission. Within ten (10) days after the
check has been sent, Defendant shall send to the, Commission,
a copy of the check and proof of its delivery to Elliott.
Neither the Commission nor Defendant make any representation,
or assume any responsibility for any tax liability,
assessments, interest, penalties and/or costs that Elliott
may or may not incur on such payments under local, state
and/or federal law.
Within ten (10) days of the entry of this Consent Decree by
the Court, Defendant shall eliminate from the employment
records of Milton Elliott any and all documents, entries, or
references of any kind relating to the facts and
circumstances which led to the filing of EEOC Charge Number
433-2016-02944 and the related events that occurred
thereafter, including this litigation. Within ten (10) days
of the entry of this Consent Decree by the Court, Defendant
shall change all references in its personnel records for
Elliott from "terminated" to "voluntarily
resigned." Within fifteen (15) days of the entry of this
Consent Decree by the Court, Defendant shall report
compliance with this provision to the Commission.
Defendant shall provide Milton Elliott with a neutral letter
of reference using the form attached hereto as Exhibit A.
Within twenty (20) days of the entry of this Consent Decree
by the Court, the original, signed letter of reference shall
be provided to Elliott at an address provided by the
Commission. Elliott is free to disseminate the letter to
potential employers. If Defendant receives any inquiry about
Elliott from a potential employer, it will provide only dates
of employment and final position.
Within ninety (90) days of the entry of this decree by the
Court, Defendant shall adopt, implement, and post a formal,
written anti-discrimination policy, which shall include but
not be limited to the following: an explanation of the
requirements of the federal equal employment opportunity
laws, including Title VII and its prohibition against
discrimination based on sex and retaliation; procedures for
reporting discrimination; and a procedure for the thorough
and immediate investigation of employee complaints of
discrimination. Defendant shall distribute to each current
employee a copy of the policy 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 Consent Decree, Defendant
shall distribute the policy to all new employees and review
it with them at the time of hire.
During the term of this Consent Decree, Defendant shall post
a copy of the policy described in paragraph 5,
supra, in all of their facilities in North Carolina
in a place where it is visible to employees. If the policy
becomes defaced or unreadable, Defendant shall replace it by
posting another copy of the policy. Within one hundred (100)
days after the Consent Decree is entered, Defendant will post
the policy and notify the Commission that it has been posted.
During the term of this Consent Decree, Defendant shall
provide an annual training program to all of its managers,
supervisors and employees. The training provided by Defendant
may be web-based, at Defendant's election. Each training
program shall include an explanation of the requirements of
Title VII of the Civil Rights Act of 1964 and its prohibition
against sex discrimination and retaliation in the workplace.
Each training program shall also include an explanation of
Defendant's policy ...