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Case Name United States of America v. State of North Carolina EE-NC-0134
Docket / Court 93-CV-763 ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On December 7, 1993, in the United States District Court for the Eastern District of North Carolina, the Justice Department filed a complaint alleging a pattern and practice of discrimination against female employees and applicants by the North Carolina Department of Corrections in male prisons in ... read more >
On December 7, 1993, in the United States District Court for the Eastern District of North Carolina, the Justice Department filed a complaint alleging a pattern and practice of discrimination against female employees and applicants by the North Carolina Department of Corrections in male prisons in violation of Title VII of the Civil Rights Act of 1964. The complaint sought broad injunctive relief including job offers, back pay, retroactive seniority and other benefits to those who had been discriminated based on gender.

On February 8, 1996, Judge Terrence W. Boyle of the United States District Court for the Eastern District of North Carolina approved a partial settlement requiring defendants to pay a total of $6.8 million with $1.3 million going to a new organizational structure for the prison system and the remaining $5.5 million for the class of women who applied for jobs or were employed between December 31, 1983 and December 31, 1992.

On September 10, 1999, Judge Boyle approved an injunctive consent decree with a three year duration. The monetary relief of the previous settlement remained unchanged. Additionally, the state agreed to create a sexual harassment prevention program, to comply with equal employment practices and to apply priority hiring and promotion for females in the form of 464 new hires and 35 promotions.

David Miller - 08/03/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Hire
Other requirements regarding hiring, promotion, retention
Promotion
Retroactive Senority
Utilize objective hiring/promotion criteria
Defendant-type
Corrections
Discrimination-area
Hiring
Pay / Benefits
Promotion
Seniority
Discrimination-basis
Sex discrimination
General
Disparate Impact
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) State of North Carolina
State of North Carolina Department of Corrections
Plaintiff Description United States of America on behalf of female current/prospective employees of the North Carolina DOC from 12/31/1983 through 12/31/1992
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1999 - 2002
Case Closing Year 1999
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
5:93−cv−00763 (E.D.N.C.) 03/25/2003
EE-NC-0134-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order 02/08/1996 (914 F.Supp. 1257) (E.D.N.C.)
EE-NC-0134-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreement 09/10/1999
EE-NC-0134-0001 PDF | Detail
ORDER APPROVING THE FINAL DISPOSITION OF CLAIMS UNDER THE AGREEMENT ENTERED ON SEPTEMBER 10, 1999 03/12/2002 (E.D.N.C.)
EE-NC-0134-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boyle, Terrence William (E.D.N.C.)
EE-NC-0134-0002 | EE-NC-0134-0003 | EE-NC-0134-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cole, Janice McKenzie (North Carolina)
EE-NC-0134-0001
Demeo, Marisa J. (District of Columbia)
EE-NC-0134-0001
Dempsey, Robert N. (District of Columbia)
EE-NC-0134-0001
Gadzichowski, John M. (District of Columbia)
EE-NC-0134-0001
Jones, Clarence C. Jr. (District of Columbia)
EE-NC-0134-0001
Patrick, Deval L. (District of Columbia)
EE-NC-0134-0001
Renfer, R. A. Jr. (North Carolina)
EE-NC-0134-9000
Defendant's Lawyers Bateman, Valerie L (North Carolina)
EE-NC-0134-9000
Easley, Michael F. (North Carolina)
EE-NC-0134-0001
Smith, James Peeler (North Carolina)
EE-NC-0134-0001 | EE-NC-0134-9000
Talbert, W. Dale (North Carolina)
EE-NC-0134-9000
Thibaut, Sylvia (North Carolina)
EE-NC-0134-9000
Other Lawyers None on record

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