Case: EEOC v. HOWELL CENTER/GATEWOOD

1:04-cv-00837 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 15, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the Washington, D.C. (along with the Charlotte and Raleigh) office of the EEOC brought this Title VII suit against Howell Chide Care Center, Inc. d/b/a Howell Center-Gatewood in the U.S. District Court for the Middle District of North Carolina. The complaint alleged that the defendant discriminated against the claimant by failing to reasonably accommodate the claimant's sincerely held religious beliefs (Christianity) and discharged the claimant for refusing to participate in…
In September 2004, the Washington, D.C. (along with the Charlotte and Raleigh) office of the EEOC brought this Title VII suit against Howell Chide Care Center, Inc. d/b/a Howell Center-Gatewood in the U.S. District Court for the Middle District of North Carolina. The complaint alleged that the defendant discriminated against the claimant by failing to reasonably accommodate the claimant's sincerely held religious beliefs (Christianity) and discharged the claimant for refusing to participate in Halloween related activities. The case settled by entry of a consent decree in April 2005. The three year consent decree required the defendant to pay $15,000, refrain from discrimination and retaliation, give the claimaint neutral references, expunge the claimant's record, institute and implement an anti-discrimination policy, provide training for all employees, post notice, give the EEOC semi-annual reports of accommodation request, and allow the EEOC to review compliance. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Lionel Joiner (7/10/2007)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

1:04-cv-00837

Docket (PACER)

Equal Employment Opportunity Commission v. Howell's Child Care

April 25, 2005

April 25, 2005

Docket
1

1:04-cv-00837

Complaint

Equal Employment Opportunity Commission v. Howell's Child Care

Sept. 15, 2004

Sept. 15, 2004

Complaint
4

1:04-cv-00837

Amended Complaint

Equal Employment Opportunity Commission v. Howell's Child Care

Oct. 26, 2004

Oct. 26, 2004

Complaint
10

1:04-cv-00837

Consent Decree

Equal Employment Opportunity Commission v. Howell's Child Care

April 25, 2005

April 25, 2005

Settlement Agreement

Resources

Docket

Last updated March 26, 2025, 9:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand. (J. Lance) Modified on 09/24/2004 (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

**Case assigned to Magistrate Judge DIXON. AO Code 18RA (J. Lance) (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

Notice of Right to Consent 28 USC 636(c)(2) (J. Lance) Modified on 09/21/2004 (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

2

MOTION by HOWELL'S CHILD CARE to Dismiss (K. Welch) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

3

MEMORANDUM OF LAW with Exhibits by HOWELL'S CHILD CARE in support of [2-1] motion to Dismiss by HOWELL'S CHILD CARE (K. Welch) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

4

AMENDED COMPLAINT by EEOC amending [1-1] complaint to substitute Howell's Child Care Center, Inc. as the party defendant for Howell's Child Care Center Foundation, Inc.; jury demand (K. Welch) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

5

RESPONSE by EEOC to [2-1] motion to Dismiss by HOWELL'S CHILD CARE (K. Welch) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

6

REPLY MEMORANDUM by HOWELL'S CHILD CARE to response to [2-1] motion to Dismiss by HOWELL'S CHILD CARE (K. Welch) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

7

ANSWER by HOWELL'S CHILD CARE (Attorney JOHN A. J. WARD) to amended complaint; jury demand (K. Welch) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

CASE AT ISSUE (K. Welch) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

Motion submission: [2-1] motion to Dismiss submitted to Judge Tilley (S. Blumke) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

9

WAIVER OF SERVICE OF SUMMONS Returned Executed as to HOWELL'S CHILD CARE on 11/4/04 (K. Welch) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

CASE REFERRED to Judge Tilley re: Consent Decree (Blumke, Sheila) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

10

CONSENT DECREE signed by Judge N. C. TILLEY JR. on 4/25/05 as set forth; (Attachments: # 1 Exhibit A)(Welch, Kelly) (Entered: 04/26/2005)

April 25, 2005

April 25, 2005

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: Sept. 15, 2004

Closing Date: 2008

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

Private Entity/Person

Howell's Child Care Center, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Middle District of North Carolina 1:04-cv-00837

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 15000

Order Duration: 2005 - 2008

Issues

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

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