Case: EEOC v. KERR DRUG INC

2:05-cv-00211 | U.S. District Court for the Western District of North Carolina

Filed Date: Aug. 16, 2005

Closed Date: Feb. 15, 2008

Clearinghouse coding complete

Case Summary

In August 2005, the Charlotte office of the EEOC brought this Title VII suit against Kerr Drug, Inc. in the U.S. District Court for the Western District of North Carolina. The complaint alleged that the defendant discriminated against the claimants by failing to provide them with a reasonable accommodation for their legitimately held religious beliefs (Baptist), and terminated the claimants because of their religion. The case settled by entry of a consent decree in February 2006. The two year …

In August 2005, the Charlotte office of the EEOC brought this Title VII suit against Kerr Drug, Inc. in the U.S. District Court for the Western District of North Carolina. The complaint alleged that the defendant discriminated against the claimants by failing to provide them with a reasonable accommodation for their legitimately held religious beliefs (Baptist), and terminated the claimants because of their religion. The case settled by entry of a consent decree in February 2006.

The two year consent decree required the defendant to refrain from discrimination and retaliation; pay the claimants $65,000 in damages; adopt a written policy for providing accommodation; distribute the written policy; expunge the claimant's records; provide positive references for the claimants; post notice; provide annual Title VII training for managers and supervisors; and give the EEOC reports every six months on employees who make requests for accommodation. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Kevin Wilemon (8/2/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5324069/parties/equal-employment-opportunity-commission-v-kerr-drug-inc/


Judge(s)

Howell, Dennis L. (North Carolina)

Judge(s)

Howell, Dennis L. (North Carolina)

Documents in the Clearinghouse

Document

2:05-cv-00211

Docket (PACER)

Equal Employment Opportunity Commission v. Kerr Drug, Inc.

Feb. 15, 2006

Feb. 15, 2006

Docket
1

2:05-cv-00211

Complaint

EEOC v. Kerr Drug Inc

Aug. 16, 2005

Aug. 16, 2005

Complaint
12

2:05-cv-00211

Consent Decree

EEOC v. Kerr Drug Inc

Feb. 15, 2006

Feb. 15, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5324069/equal-employment-opportunity-commission-v-kerr-drug-inc/

Last updated Aug. 1, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kerr Drug, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Barton, Elizabeth) (Entered: 08/22/2005)

Aug. 16, 2005

Aug. 16, 2005

Judge Lacy Thornburg and Dennis Howell added. Judge Dennis Howell no longer assigned to case. (Barton, Elizabeth) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

3

NOTICE OF CASE REASSIGNMENT (Barton, Elizabeth) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

4

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Kerr Drug, Inc. waiver sent on 8/17/2005, answer due 10/17/2005. (Barton, Elizabeth) (Entered: 09/29/2005)

Sept. 23, 2005

Sept. 23, 2005

7

CORPORATE Disclosure Statement by Kerr Drug, Inc.(Barton, Elizabeth) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

8

CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, Kerr Drug, Inc.(Barton, Elizabeth) (Entered: 12/02/2005)

Nov. 28, 2005

Nov. 28, 2005

9

SCHEDULING ORDER: Estimated Trial Time: 3-5 days Discovery due by 5/1/2006. Motions due by 6/1/2006. Mediation deadline set for 5/15/2006. Jury Trial to commence during 1st civil trial term beginning on or after 10/10/2006 10:00 AM in Bryson City Courtroom before Lacy Thornburg. Signed by Judge Dennis Howell on 12/8/05. (Barton, Elizabeth) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

10

REPORT of Mediation - CASE SETTLED - proposed Consent Decree forthcoming.(Barton, Elizabeth) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

11

NOTICE by Equal Employment Opportunity Commission, Kerr Drug, Inc. Notice of Electronic Filing of Proposed Consent Decree (Attachments: # 1 Proposed Order Consent Decree# 2 Appendix Consent Decree Appendices A-D)(Ryerse, Mary) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

Proposed document submitted to Judge Lacy Thornburg. (Ryerse, Mary) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

12

CONSENT DECREE. Signed by Judge Lacy Thornburg on 2/15/06. (Barton, Elizabeth)

Feb. 15, 2006

Feb. 15, 2006

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 16, 2005

Closing Date: Feb. 15, 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

Kerr Drug, Inc. (Franklin, N.C. ), 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: 65000

Order Duration: 2006 - 2008

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Neutral/Positive Reference

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits