University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NEW HANOVER REGIONAL MEDICAL CENTER EE-NC-0078
Docket / Court 5:02-cv-00703-H ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The EEOC's Charlotte district office sued New Hanover Regional Medical Center, a Wilmington, North Carolina hospital, on September 27, 2002 in the U.S. District Court for the Eastern District of North Carolina. The EEOC's complaint alleged that New Hanover violated Title VII when it discriminated ... read more >
The EEOC's Charlotte district office sued New Hanover Regional Medical Center, a Wilmington, North Carolina hospital, on September 27, 2002 in the U.S. District Court for the Eastern District of North Carolina. The EEOC's complaint alleged that New Hanover violated Title VII when it discriminated based on race (African American) by creating a hostile work environment, disciplined and demoted an employee, and discharged him in retaliation for his complaint of unfair treatment. The parties settled the dispute on August 5, 2003 through a consent decree which stipulated that the defendant would pay the aggrieved employee $7,500, provide EEO training to its employees, post and distribute a notice of EEO rights, report compliance and complaints to the EEOC, and allow the EEOC to investigate whether the defendant is actually complying with the consent decree.

Aaron Weismann - 06/08/2007


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Issues and Causes of Action
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Issues
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
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) New Hanover Regional
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 2003 - 2005
Case Closing Year 2003
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)
5:02-cv-00703-H (E.D.N.C.) 08/07/2003
EE-NC-0078-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2002
EE-NC-0078-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/05/2003
EE-NC-0078-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Questions and Answers about Health Care Workers and the Americans with Disabilities Act 02/26/2007
EE-NC-0078-0003 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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