Case: EEOC v. NEW HANOVER REGIONAL MEDICAL CENTER

5:02-cv-00703 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 27, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

The EEOC's Charlotte district office sued New Hanover Regional Medical Center, a Wilmington, North Carolina hospital, on September 27, 2002 in the U.S. District Court for the Eastern District of North Carolina. The EEOC's complaint alleged that New Hanover violated Title VII when it discriminated based on race (African American) by creating a hostile work environment, disciplined and demoted an employee, and discharged him in retaliation for his complaint of unfair treatment. The parties settled the dispute on August 5, 2003 through a consent decree which stipulated that the defendant would pay the aggrieved employee $7,500, provide EEO training to its employees, post and distribute a notice of EEO rights, report compliance and complaints to the EEOC, and allow the EEOC to investigate whether the defendant is actually complying with the consent decree.

Summary Authors

Aaron Weismann (6/8/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. New Hanover Regional

Aug. 7, 2003 Docket
1

Complaint

Equal Employment Opportunity Commission v. New Hanover Regional Medical Ctr.

Sept. 27, 2002 Complaint
10

Consent Decree

Equal Employment Opportunity Commission v. New Hanover Regional Medical Center

Aug. 5, 2003 Settlement Agreement

Questions and Answers about Health Care Workers and the Americans with Disabilities Act

EEOC v. New Hanover Regional Medical Center

No Court

Feb. 26, 2007 Press Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint filed under 42 USC 2000e alleging racial harassment and retaliation under Title VII. JURY DEMAND. (ll) (Entered: 10/02/2002)

Sept. 27, 2002

No summons - Counsel prepared Waiver of Service of Summons Forms. (ll) (Entered: 10/02/2002)

Sept. 27, 2002

(ll) (Entered: 10/02/2002)

Sept. 27, 2002
2

Consent Motion by New Hanover Regional to extend time to respond to complaint through & including 12/31/02 . w/cs. Cy. to Clerk w/po. (ll) (Entered: 11/27/2002)

Nov. 25, 2002
3

Order granting [2-1] motion to extend time to respond to complaint through & including 12/31/02, reset answer due for 12/31/02 for New Hanover Regional . signed by David W. Daniel, Clerk. Cys. served. (ll) (Entered: 11/27/2002)

Nov. 27, 2002
4

Answer to Complaint by New Hanover Regional, cs. NO JURY DEMAND. (dh) (Entered: 01/03/2003)

Dec. 31, 2002
5

Document filed by defendant New Hanover Regional titled: Disclosure of Corporate Affiliations and Other Entities With A Direct Financial Interest In Litigation, cs. (dh) (Entered: 01/03/2003)

Dec. 31, 2002
6

Request for Discovery Plan: Discovery Plan due by 2/16/03 (dh) (Entered: 01/03/2003)

Jan. 3, 2003
7

Discovery Plan filed by EEOC, New Hanover Regional (dh) (Entered: 02/19/2003)

Feb. 12, 2003

Case submitted to: USMJ Webb [7-1] discovery submitted. CASE FILE TO USMJ WEBB FOR ENTRY OF SCHEDULING ORDER. (dh) (Entered: 02/19/2003)

Feb. 19, 2003
8

Order on Scheduling by Magistrate William Webb setting Discovery cutoff 8/29/03; Deadline for filing of all motions 9/29/03; Jury Trial scheduled for <February 2004> before Judge Malcolm J. Howard. Cys. served. Cal. cy. (ll) (Entered: 02/21/2003)

Feb. 21, 2003

Order setting trial date forthcoming. (dh) (Entered: 04/02/2003)

April 2, 2003
9

Order on Scheduling by Magistrate William A. Webb setting Jury Trial for 2/17/04 before Judge Malcolm J. Howard Place: G'ville. ccys served. calendar copy. (dh) (Entered: 04/09/2003)

April 8, 2003

Consent Decree to Judge Howard for consideration. (dh) (Entered: 08/04/2003)

Aug. 4, 2003
10

Consent Decree for EEOC against New Hanover Regional (see Consent Decree for details) signed by Malcolm J. Howard, US Judge. ccys served. (dh) (Entered: 08/05/2003)

Aug. 5, 2003

Case closed. Non-Permanent. (dh) (Entered: 08/05/2003)

Aug. 5, 2003
11

Document filed by plaintiff EEOC titled: "Notice of Substitution of Counsel" - Bobby C Simpson is substituting Mindy E. Weinstein, Regional Attorney as counsel for the plaintiff. cy to Carol. (dh) (Entered: 08/11/2003)

Aug. 7, 2003

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 27, 2002

Closing Date: 2003

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

New Hanover Regional (Wilminhgton, 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: 7500

Order Duration: 2003 - 2005

Content of Injunction:

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Retaliation Prohibition

Neutral/Positive Reference

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits