Case: EEOC v. CUSTOM INDUSTRIES INC (d/b/a GREASE MASTER)

3:05-cv-00413 | U.S. District Court for the Western District of North Carolina

Filed Date: Sept. 26, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Charlotte District Office of the EEOC brought this suit against Custom Industries, Inc., doing business as Grease Master, in September of 2005, in the U.S. District Court for the Western District of North Carolina. The suit alleged that supervisors and co-workers of the complainant harassed him based on his race, African-American. He was constructively discharged as a result of this harassment, and retaliated against by the company for testifying. The case resulted in a consent decree in…

The Charlotte District Office of the EEOC brought this suit against Custom Industries, Inc., doing business as Grease Master, in September of 2005, in the U.S. District Court for the Western District of North Carolina. The suit alleged that supervisors and co-workers of the complainant harassed him based on his race, African-American. He was constructively discharged as a result of this harassment, and retaliated against by the company for testifying. The case resulted in a consent decree in June of 2006, only 9 months after the start of the case.

The consent decree consisted of both monetary and injunctive relief. Custom Industries agreed to pay the complainant $50,000 and to pay up to $200 for him to retain an attorney to draft a release of claims against Custom Industries. Custom Industries was also required to refrain from discriminating or retaliating in violation of Title VII, must provide a positive reference to the complainant, expunge the complainant's record, develop an anti-discrimination policy, post notice of this suit, distribute the notice of EEO rights, and last but not least provide annual training for supervisors. The decree was to last 36 months. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Alex Bean (6/26/2007)

Documents in the Clearinghouse

Document

3:05-cv-00413

Docket

EEOC v. Custom Industries Inc

June 8, 2006

June 8, 2006

Docket
1-1

3:05-cv-00413

Complaint

EEOC v. Custom Industries Inc

Sept. 26, 2005

Sept. 26, 2005

Complaint
11

3:05-cv-00413

Consent Decree

EEOC v. Custom Industries Inc

June 8, 2006

June 8, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5319666/equal-employment-opportunity-commission-v-custom-industries-inc/

Last updated Aug. 1, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
6

ORDER Initial Pretrial Conference set for 2/3/2006 10:00 AM in In Chambers before David Keesler.. Signed by Judge David Keesler on 1/10/06. (Huntley, Cynthia)

Jan. 10, 2006

Jan. 10, 2006

RECAP
1

COMPLAINT against Custom Industries, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Basile, Antonietta) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

2

REQUEST FOR WAIVER of Service sent to Custom Industries, Inc. by Equal Employment Opportunity Commission. (Basile, Antonietta) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

Judge David Keesler added. (Basile, Antonietta) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

4

ANSWER to Complaint by Custom Industries, Inc.(MacEwan, Cathy) (Entered: 10/19/2005)

Oct. 18, 2005

Oct. 18, 2005

5

CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, Custom Industries, Inc..(Ryerse, Mary) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

7

MOTION for Extension of Time to File Response/Reply to discovery requests by Custom Industries, Inc.. Responses due by 2/22/2006 (Attachments: # 1 Proposed Order Extending Time)(Maultsby, Alexander) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

Proposed document submitted to Judge David Keesler. (Maultsby, Alexander) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

8

ORDER granting 7 Motion for Extension of Time to File Response/Reply re 7 MOTION for Extension of Time to File Response/Reply to discovery requests . Signed by Judge David Keesler on 1/24/06. (Hankins, Susan) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

9

PRETRIAL ORDER AND CASE MANAGEMENT PLAN: Estimated Trial Time: 3-5 days Discovery due by 9/29/2006. Motions due by 10/30/2006. Mediation deadline set for 9/29/2006. Signed by Judge David Keesler on 2/3/06. (MacEwan, Cathy) (Entered: 02/06/2006)

Feb. 3, 2006

Feb. 3, 2006

Minute Entry for proceedings held before Judge David Keesler : Initial Pretrial Conference held on 2/3/2006. (Anderton, Michelle) (Entered: 02/21/2006)

Feb. 3, 2006

Feb. 3, 2006

10

NOTICE by Equal Employment Opportunity Commission, Custom Industries, Inc. of Filing of Proposed Consent Decree (Attachments: # 1 Proposed Order Proposed Consent Decree# 2 Appendix Appendices to proposed Consent Decree)(Ryerse, Mary) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

11

CONSENT DECREE. Signed by Judge Robert J. Conrad Jr on 6/8/06. (Huntley, Cynthia)

June 8, 2006

June 8, 2006

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 26, 2005

Closing Date: 2009

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

Custom Industries, Inc. (Indian Trail), 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: 50200

Order Duration: 2006 - 2009

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits