University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC V. WELBORNE AUTOMOTIVE, INC. (FKA NISSAN OF HICKORY) EE-NC-0079
Docket / Court 5:04-cv-00207 ( W.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, ... read more >
On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, had violated the rights of the complainant by firing her because she was female.

On August 1, 2005, the complainant intervened as a plaintiff in the lawsuit. The case went to mediation in May of 2006, but parties could not reach a settlement. On September 15, 2006, the defendants asked to court for summary judgment, but the district court denied the motion on November 26, 2007. On December 10, 2007, the defendants filed a motion to dismiss, but the parties reached a settlement before the court ruled on that motion. Under the terms of the settlement, the complainant agreed to release all of her claims against the defendants in exchange for $70,000 in damages, which included $24,333 in attorneys fees and costs. On December 28, 2007, the district court approved the settlement and dismissed the case.

Kristen Sagar - 04/11/2008


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Welborne Automotive, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
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 2007 - 2012
Case Closing Year 2007
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)
5:04-cv-00207 (W.D.N.C.) 12/28/2007
EE-NC-0079-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/29/2004
EE-NC-0079-0001.pdf | Detail
Complaint in Intervention 09/08/2005
EE-NC-0079-0006.pdf | Detail
[Procedural] Order 03/29/2007 (2007 WL 1041671) (W.D.N.C.)
EE-NC-0079-0012.pdf | WESTLAW | Detail
Memorandum and Order 11/26/2007 (W.D.N.C.)
EE-NC-0079-0013.pdf | Detail
Consent Decree 12/28/2007
EE-NC-0079-0014.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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