Case: United States v. University of North Carolina

1:07-cv-00592 | U.S. District Court for the District of South Carolina

Filed Date: 2007

Case Ongoing

Clearinghouse coding in progress

Case Summary

On August 7, 2007, the U.S. Department of Justice (DOJ) filed a lawsuit under Title VII of the Civil Rights Act of 1964 against the University of North Carolina in the U.S. District Court for the Middle District of North Carolina. The DOJ, alleging that the defendant discriminated against two female employees by subjecting them to sexual harassment. The DOJ sought injunctive relief to enjoin the defendant from failing or refusing to take appropriate nondiscriminatory measures to combat the effe…

On August 7, 2007, the U.S. Department of Justice (DOJ) filed a lawsuit under Title VII of the Civil Rights Act of 1964 against the University of North Carolina in the U.S. District Court for the Middle District of North Carolina. The DOJ, alleging that the defendant discriminated against two female employees by subjecting them to sexual harassment. The DOJ sought injunctive relief to enjoin the defendant from failing or refusing to take appropriate nondiscriminatory measures to combat the effects of discrimination, including an effective program to address and prevent sexual harassment; and monetary relief for the two female employees. The DOJ alleged this sexual harassment created a hostile work environment for the female employees.

On August 17, 2007, the two female employees of UNC and its component institution, North Caroline Agricultural and Technical State University (A&T) filed a motion to intervene. On October 1, 2007, the Court (Judge Wallace Dixon) granted the motion to intervene as plaintiff-intervenors, and both plaintiffs filed intervenor complaints. The first intervenor plaintiff alleged she was subjected to sexual harassment by her supervisor, including conditioning her employment on agreeing to his advances and lewd, offensive remarks; and that her employer knew of the harassment, did not take any action and even promoted the supervisor. The second intervenor plaintiff alleged similar facts of sexual harassment, but she also alleged that she was retaliatory discharged after making complaints about the supervisor's conduct. She sought damages for discrimination and retaliation.

On October 24, 2007, the case was reassigned to Judge James A. Beaty Jr.

On December 27, 2007, the intervenor plaintiffs filed a motion to consolidate the present case with Gloria Adams Smoot v. The University of North Carolina, Case No. 1:07-CV-00812. The plaintiff in that case also alleged sexual harassment on the hands of the same supervisor with knowledge of the employer, and discharge in retaliation. The motion was granted on January 9, 2008.

Summary Authors

Janani Iyengar (11/21/2007)

People


Judge(s)

Dixon, Wallace W. (North Carolina)

Attorney for Plaintiff

Grant, Elaine J. (District of Columbia)

Expert/Monitor/Master/Other

Blutter, Sarah C (District of Columbia)

Puryear, David (North Carolina)

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Documents in the Clearinghouse

Document

1:07-cv-00592

Docket (PACER)

Oct. 8, 2007

Oct. 8, 2007

Docket

1:07-cv-00592

Complaint

Aug. 7, 2007

Aug. 7, 2007

Complaint

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT UNITED STATES OF AMERICA against THE UNIVERSITY OF NORTH CAROLINA, filed by UNITED STATES OF AMERICA.(GRANT, ELAINE) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

2

CIVIL COVER SHEET, filed by UNITED STATES OF AMERICA.(GRANT, ELAINE). Modified on 8/7/2007 replaced corrected cover sheet and added attachment (Garrett, Kim). (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

CASE REFERRED to Standing Order 30 (McClain, Abby) (Entered: 08/08/2007)

Aug. 7, 2007

Aug. 7, 2007

4

Summons Issued as to THE UNIVERSITY OF NORTH CAROLINA. (McClain, Abby) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

5

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

6

REQUEST FOR WAIVER of Service sent to Thomas J. Ziko on August 14, 2007 by UNITED STATES OF AMERICA.Waiver of Service due by 9/13/2007. (BLUTTER, SARAH) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

7

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. THE UNIVERSITY OF NORTH CAROLINA waiver sent on 8/14/2007, answer due 10/15/2007. (BLUTTER, SARAH) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

8

MOTION to Intervene by Tasha Murray, Mattie Smith. Responses due by 9/10/2007. (Attachments: # 1 Appendix Complaint of Intervenor- Plaintiff Tasha Murray# 2 Appendix Complaint of Intervenor-Plaintiff Mattie Smith# 3 Text of Proposed Order)(PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

9

Brief Of Applicant Intervenor-Plaintiffs In Support of Motion To Intervene BRIEF re 8 MOTION to Intervene. (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

10

AFFIDAVIT of Tasha Murray filed by Intervenor Plaintiff Tasha Murray. (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

11

AFFIDAVIT of Mattie Smith re 8 MOTION to Intervene filed by Intervenor Plaintiff Mattie Smith. (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

12

NOTICE of Appearance by attorney DAVID B. PURYEAR, JR on behalf of Intervenor Plaintiffs Tasha Murray, Mattie Smith (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

13

NOTICE of Appearance by attorney THOMAS J. ZIKO on behalf of Defendant THE UNIVERSITY OF NORTH CAROLINA (ZIKO, THOMAS) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

***Motions Referred: 8 MOTION to Intervene to Judge WALLACE W. DIXON - (McCarty, Dianne) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

14

NOTICE of Appearance by attorney JOHN P. SCHERER, II on behalf of Defendant THE UNIVERSITY OF NORTH CAROLINA (SCHERER, JOHN) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

15

Intervenor COMPLAINT, filed by Tasha Murray.(PURYEAR, DAVID) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

16

Intervenor COMPLAINT, filed by Mattie Smith.(PURYEAR, DAVID) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

ORDER granting 8 Motion to Intervene. The attorneys for the Plaintiff- Intervenors are DIRECTED to file and serve the Intervenors' complaints as the rules require. Signed by Judge WALLACE W. DIXON on 10/1/2007. (DIXON, WALLACE) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

17

Summons Issued as to THE UNIVERSITY OF NORTH CAROLINA. (Attachments: # 1 Additional summons)(McClain, Abby) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

18

AFFIDAVIT OF SERVICE by Affidavit of Service of Process by Certified Mail as to THE UNIVERSITY OF NORTH CAROLINA served on 10/3/2007, answer due 10/23/2007. (Attachments: # 1 Exhibit Summons# 2 Exhibit Service Transmittal Letter# 3 Exhibit Certified Mail Return Receipt)(PURYEAR, DAVID) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

19

Notice to Parties RE: SO30. Responses due by 11/13/2007 (McCarty, Dianne) (Entered: 10/08/2007)

Oct. 8, 2007

Oct. 8, 2007

Case Details

State / Territory:

South Carolina

Case Type(s):

Equal Employment

Key Dates

Filing Date: 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of female employees

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of North Carolina

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of South Carolina 1:07-cv-00592

District of South Carolina 1:07-cv-00812

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

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