Case: EEOC v. CAROLYN FABRICS, INC D/B/A

1:06-cv-00731 | U.S. District Court for the Middle District of North Carolina

Filed Date: Aug. 31, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Charlotte district office of the EEOC brought this suit against Carolyn Fabrics, Inc. in August 2006 in the U.S. District Court for the Middle District of North Carolina. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Specifically, a male employee allegedly harassed a female co-worker because of her sex. After appointment to a mediator, the parties settled the case in September 2007 by entry of a consent decree.The decree included non-d…

The Charlotte district office of the EEOC brought this suit against Carolyn Fabrics, Inc. in August 2006 in the U.S. District Court for the Middle District of North Carolina. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Specifically, a male employee allegedly harassed a female co-worker because of her sex. After appointment to a mediator, the parties settled the case in September 2007 by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required Carolyn Fabrics, Inc. to expunge the employment records of the female employees on whose behalf the EEOC brought suit and required the defendant to give neutral references when asked for information regarding the women's employment. Carolyn Fabrics, Inc. was also required to develop an anti-discrimination policy and post and distribute the policy. The consent decree also called on Carolyn Fabrics, Inc. to provide annual training to managers, supervisors, and employees in its High Point, North Carolina location, report complaints bi-annually to the EEOC, and allow the EEOC access to review compliance with the decree. The injunctive parts of the decree had a three year term. In addition, the decree provided for a total payment of $35,000 to the three female claimants (distribution of $20,000, $10,000, and $5,000). The settlement term was 3 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Justin Kanter (5/19/2008)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Carolyn Fabrics, Inc.

Sept. 12, 2007 Docket
1

Complaint

Equal Employment Opportunity Commission v. Carolyn Fabrics, Inc.

Aug. 31, 2006 Complaint
13

Consent Decree

Equal Employment Opportunity Commission v. Carolyn Fabrics, Inc.

Sept. 12, 2007 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT EQUAL EMPLOYMENT OPPORTUNITY COMMISSION against CAROLYN FABRICS, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(NYFELER, SUZANNE) (Entered: 08/31/2006)

Aug. 31, 2006
2

CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(NYFELER, SUZANNE) (Entered: 08/31/2006)

Aug. 31, 2006

CASE REFERRED to Mediation pursuant to Local Rule 83.10b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby) (Entered: 09/08/2006)

Aug. 31, 2006
3

Summons Issued as to CAROLYN FABRICS, INC. (McClain, Abby) (Entered: 10/03/2006)

Oct. 3, 2006
4

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) (Entered: 10/03/2006)

Oct. 3, 2006
5

DEFENDANT'S ANSWER to Complaint by CAROLYN FABRICS, INC.. (HAMLET, FRED) (Entered: 12/18/2006)

Dec. 18, 2006
6

NOTICE of Initial Pretrial Conference Hearing:Initial Pretrial Conference Hearing set for 2/21/2007 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Williamson, Wanda) (Entered: 01/18/2007)

Jan. 18, 2007
7

REPORT Joint Rule 26(f) by Defendant CAROLYN FABRICS, INC.. (HAMLET, FRED) (Entered: 01/23/2007)

Jan. 23, 2007
8

Notice to Parties RE: SO30 Responses due by 2/26/2007 (McCarty, Dianne) (Entered: 01/24/2007)

Jan. 23, 2007

Rule 26(f) Report (Joint) filed by all parties by CAROLYN FABRICS, INC., EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Williamson, Wanda) (Entered: 01/26/2007)

Jan. 23, 2007

NOTICE of Docket Text/Event Modification re 7 Joint Rule 26(f) Report (Entered on 1/23/07). Counsel this document has been redocketed using the appropriate event located under Category "Motions", Event "Rule 26(f) Report - Joint" as set out in the CM/ECF Administrative Policies Procedure Manuel. (Williamson, Wanda) (Entered: 01/26/2007)

Jan. 26, 2007

***Motions Referred: Rule 26(f) Report (Joint) filed by all parties to Judge WALLACE W. DIXON - (Williamson, Wanda) (Entered: 01/26/2007)

Jan. 26, 2007

Case Reassigned to Judge WILLIAM L. OSTEEN. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria) (Entered: 01/30/2007)

Jan. 30, 2007
9

ORDER APPROVING JOINT RULE 26F REPORT that this case has been placed on a case-management track established in LR26.1 as COMPLEX. All discovery shall be completed by 9/28/07. Notice of Intent to file Disp Motions are due by 10/8/07. Mediation shall be conducted late in the discovery period. The parties agree that the mediator shall be Jon Harkavy. Plaintiffs should be allowed until 5/1/2007 to request leave to join additional parties or amend pleadings. Defendant should be allowed until 6/1/07 to request leave to join additional parties or amend pleadings. The parties agree that this case should not be referred to a magistrate judge. ETT 2-3 days. Signed by Judge WALLACE W. DIXON on 1/30/07. (Simmonds, Lisa) (Entered: 01/30/2007)

Jan. 30, 2007

MEDIATION SCHEDULING ORDER; Mediation due by 9/28/2007. (Gammon, Cheryl) (Entered: 02/06/2007)

Feb. 6, 2007
11

ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 02/26/2007)

Feb. 26, 2007
12

Joint MOTION for Entry of Consent Decree by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 9/28/2007 (Attachments: # 1 Text of Proposed Order Consent Decree# 2 Exhibit Exhibit A to Proposed Consent Decree)(NYFELER, SUZANNE) Modified on 9/6/2007 to correct spacing (Lee, Lisa). (Entered: 09/05/2007)

Sept. 5, 2007

***Motions Submitted: 12 Joint MOTION for Entry of Consent Decree to Judge WILLIAM L. OSTEEN - (Winchester, Robin) (Entered: 09/11/2007)

Sept. 11, 2007

Motions No Longer Submitted 12 Joint MOTION for Entry of Consent Decree to Judge WILLIAM L. OSTEEN (Lee, Lisa) (Entered: 09/12/2007)

Sept. 12, 2007
13

CONSENT DECREE signed by Judge WILLIAM L. OSTEEN on 9/12/2007 re (Pldg. No. 12 , Joint MOTION for Entry of Consent Decree filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION) that this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 18 of this order. (Lee, Lisa) (Entered: 09/12/2007)

Sept. 12, 2007

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 31, 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

Carolyn Products, Inc. (High Point, North Carolina), Private Entity/Person

Carolyn Fabrics, Inc., 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: 35000

Order Duration: 2007 - 2010

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Reporting

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits