Case: EEOC v. NATIVE ANGELS HOMECARE AGENCY INC

7:06-cv-00083 | U.S. District Court for the Eastern District of North Carolina

Filed Date: June 1, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In June 2006, the EEOC's Charlotte District Office (with participation from the Raleigh Area Office) filed this suit against Native Angels Homecare Agency, Inc. in the U.S. District Court for the Eastern District of North Carolina. The complaint alleged discrimination on the basis of religion in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant forced the charging party, a female employee, to participate in its "prayer circle" in violation of her religion, Je…

In June 2006, the EEOC's Charlotte District Office (with participation from the Raleigh Area Office) filed this suit against Native Angels Homecare Agency, Inc. in the U.S. District Court for the Eastern District of North Carolina. The complaint alleged discrimination on the basis of religion in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant forced the charging party, a female employee, to participate in its "prayer circle" in violation of her religion, Jehovah's Witness. In addition, the defendant retaliated against the charging party by terminating her when she refused to participate in the "prayer circle." The parties participated in some discovery before settling the case in March 2007 through a consent decree.

The three-year decree, containing both non-discrimination and non-retaliation clauses, required the defendant to provide the charging party with a neutral reference, expunge her personnel file of all references to discrimination, and pay her $25,000. In addition, the defendant was prohibited from forcing any employee to participate in a religion-based activity as a condition of employment. The defendant also agreed to: develop and distribute an anti-discrimination policy, post a copy of the policy, provide annual Title VII training for all employees, and report to the EEOC on its compliance every six months.

The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Michele Marxkors (6/7/2007)

Documents in the Clearinghouse

Document

7:06-cv-00083

Docket

EEOC v. Native Angels Homecare Agency, Inc

March 29, 2007

March 29, 2007

Docket
1-1

7:06-cv-00083

Complaint

EEOC v. Native Angels Homecare Agency, Inc

June 1, 2006

June 1, 2006

Complaint
17-2

7:06-cv-00083

Consent Decree

EEOC v. Native Angels Homecare Agency, Inc

March 22, 2007

March 22, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303762/eeoc-v-native-angels-homecare-agency-inc/

Last updated Aug. 11, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Service by Request for Waiver pursuant to Rule 4(d) against Native Angels Homecare Agency, Inc., filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 06/01/2006)

2 Civil Cover Sheet

View on PACER

June 1, 2006

June 1, 2006

RECAP
2

WAIVER OF SERVICE Returned Executed by EEOC. Native Angels Homecare Agency, Inc. waiver sent on 6/1/2006, answer due 7/31/2006. (Cohen, Kerith) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

PACER
3

ANSWER to Complaint by Native Angels Homecare Agency, Inc..(Ford, Sarah) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

PACER
4

INITIAL ORDER REGARDING PLANNING & SCHEDULING: Discovery Plan due by 9/12/2006. Initial Telephonic Pretrial Conference set for 9/19/2006 09:30 AM before Chief Judge Louise Wood Flanagan. Signed by Judge Louise Wood Flanagan on 8/7/2006. Cys dist.(Deputy Clerk, DR) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
5

STATUS REPORT Joint Rule 26(f) and Status Report by Native Angels Homecare Agency, Inc.. (Bartis, Patricia) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

PACER
6

CASE MANAGEMENT ORDER: Discovery due by 4/28/2007. Motions due by 6/15/2007. A final PTC in New Bern shall be sch two (2) weeks prior to trial. Jury Trial set for 11/26/2007 Civil term at the U.S. Courthouse in New Bern, NC before Chief Judge Louise Wood Flanagan. Signed by Judge Louise Wood Flanagan on 9/21/2006. Cys dist.(Deputy Clerk - DR, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
7

MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. by EEOC. (Attachments: # 1 Text of Proposed Order)(Cohen, Kerith) (Entered: 11/22/2006)

2 Text of Proposed Order

View on PACER

Nov. 22, 2006

Nov. 22, 2006

PACER
8

Memorandum in Support re 7 MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. filed by EEOC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Cohen, Kerith) (Entered: 11/22/2006)

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

Nov. 22, 2006

Nov. 22, 2006

PACER
9

RESPONSE to Motion re 7 MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. filed by Native Angels Homecare Agency, Inc.. (Attachments: # 1 Unpublished Opinion# 2 Affidavit of Susan Dunathan# 3 Exhibit to Affidavit of Susan Dunathan# 4 Exhibit Native Angels Second Attachment to Affidavit of Susan Dunathan)(Bartis, Patricia) (Entered: 12/07/2006)

2 Unpublished Opinion

View on PACER

3 Affidavit of Susan Dunathan

View on PACER

4 Exhibit to Affidavit of Susan Dunathan

View on PACER

5 Exhibit Native Angels Second Attachment to Affidavit of Susan Dunathan

View on PACER

Dec. 7, 2006

Dec. 7, 2006

PACER
10

AFFIDAVIT re 9 Response to Motion, by Native Angels Homecare Agency, Inc.. (Attachments: # 1 Attachment to Amended Dunathan Affidavit# 2 Second Attachment to Dunathan Affidavit)(Bartis, Patricia) (Entered: 12/13/2006)

2 Attachment to Amended Dunathan Affidavit

View on PACER

3 Second Attachment to Dunathan Affidavit

View on PACER

Dec. 13, 2006

Dec. 13, 2006

PACER
11

ORDER granting 7 Motion to withdraw admission is GRANTED and the EEOC's admissions due to lack of timely responses are WITHDRAWN. In lieu thereof, the proposed responses by the EEOC to Native Angels' requests for admissions are deemed timely served. Signed by Judge James Gates on 1/2/2007. Cys dist. (Deputy Clerk - DR, ) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

PACER
12

Joint MOTION for Protective Order (Consent) by Native Angels Homecare Agency, Inc.. (Attachments: # 1 Exhibit Consent Protective Order)(Bartis, Patricia) (Entered: 01/04/2007)

2 Exhibit Consent Protective Order

View on PACER

Jan. 4, 2007

Jan. 4, 2007

PACER
13

ORDER granting 12 Motion for Consent Protective Order. Signed by Judge Louise Wood Flanagan on 1/7/2007. Cys dist. (Deputy Clerk - DR, ) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
15

ORDER - The court has been advised that the parties have settled all matters in controversy among them. Therefore, this matter is DISMISSED subject to the right of any party to file a motion to reopen the case should settlement not be consummated within forty-five (45) days hereof. The parties are directed to file their Stipulation of Dismissal With Prejudice on or before April 26, 2007. The Clerk of Court is directed to remove this matter from the court's pretrial and trial calendars. Signed by Judge Louise Wood Flanagan on 3/12/2007. Cys dist.(Deputy Clerk - DR, ) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

PACER
17

Consent MOTION for Leave to File Consent Decree by EEOC. (Attachments: # 1 Consent Decree)(Cohen, Kerith) (Entered: 03/22/2007)

2 Consent Decree

View on PACER

March 22, 2007

March 22, 2007

PACER
18

ORDER granting 17 Motion for Leave to File Consent Decree. See attached Consent Decree for more information. Signed by Judge Louise Wood Flanagan on 3/23/2007. Cys dist. (Deputy Clerk - DR, ) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

PACER
19

STIPULATION of Dismissal by EEOC. (Cohen, Kerith) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Native Angels Homecare Agency, Inc. (Lumberton, NC), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 25000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits