Case: EEOC v. CENTEX-ROONEY CONSTRUCTION COMPANY INC

1:04-cv-00853 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 20, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the EEOC district office in Charlotte, North Carolina brought this case against the Centex-Rooney Construction Company, a general construction firm, in the U.S. District Court for the Middle District of North Carolina. The complaint states that a female alleged that the defendant unlawfully discriminated against her on the basis of her religion in violation of Title VII of the Civil Rights Act of 1964. Specifically, she alleged that she was hired as a general laborer, found…

In September 2004, the EEOC district office in Charlotte, North Carolina brought this case against the Centex-Rooney Construction Company, a general construction firm, in the U.S. District Court for the Middle District of North Carolina. The complaint states that a female alleged that the defendant unlawfully discriminated against her on the basis of her religion in violation of Title VII of the Civil Rights Act of 1964. Specifically, she alleged that she was hired as a general laborer, found out that laborers had to wear pants, told her new boss that she could not wear pants due to her Christian beliefs, and was promptly terminated. After limited discovery and a mediation session, the parties settled and a consent decree was entered in September 2005.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of religion, pay the aggrieved employee $15,000, implement an anti-discrimination policy, post and distribute its anti-discrimination policy, post an EEO notice, and provide EEO training. No fees or costs were awarded. The terms of the decree ran for three years. The settlement term was 3 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Joel Pettit (6/27/2007)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

1:04-cv-00853

Docket (PACER)

EEOC v. Centex-Rooney

Sept. 21, 2005

Sept. 21, 2005

Docket
1

1:04-cv-00853

Complaint

EEOC v. Centex-Rooney

Sept. 20, 2004

Sept. 20, 2004

Complaint
14

1:04-cv-00853

Consent Decree

EEOC v. Centex-Rooney

Sept. 21, 2005

Sept. 21, 2005

Settlement Agreement

Resources

Docket

Last updated Feb. 21, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand (E. Renteria) (Entered: 09/22/2004)

Sept. 20, 2004

Sept. 20, 2004

2

WAIVER OF SERVICE OF SUMMONS Returned Executed as to CENTEX-ROONEY on 9/30/04; Answer due on 11/29/04 for CENTEX-ROONEY. (K. Mckenzie) (Entered: 11/08/2004)

Nov. 4, 2004

Nov. 4, 2004

3

ANSWER to Complaint by CENTEX-ROONEY (Attorney STACY K. WOOD, JENNIFER M. GOLDENBERG) (K. Welch) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

CASE AT ISSUE (R. Winchester) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

4

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 1/20/05 in WINSTON-SALEM #3 COURTROOM ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

CASE REFERRED to Mag/Jud Eliason re: proposed Jt. Rule 26(f) Report. (W. Williamson) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

CASE NO LONGER REFERRED to Judge. (K. Mckenzie) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

5

Joint Rule 26(f) Report and Order setting Discovery cutoff date as 6/30/05; Notice of Intent to file Dsp. Motions due by 7/10/05; complex case management; mediation should be conducted on or before 7/30/05, the exact date to be set by the mediator after consultation with the parties; the parties agree that the mediator shall be Jonathan Harkavy; parties shall be allowed until 30 days after approval of this report to amend or join additional parties or to amend pleadings; in the event Plaintiff joins additional parties or amends its pleadings, Defendant shall also have 30 days after service of any such amendments or joinder by Plaintiff to join any additional parties or amend its pleadings; parties have discussed consenting to the jurisdiction of a magistrate and they respectfully decline such jurisdiction; JURY TRIAL (signed by MAG/JUDGE RUSSELL A. ELIASON) ETT 2-3d [EOD Date 1/13/05]. Ccs. dist. (K. Mckenzie) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

Complex Case (K. Mckenzie) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

CASE SELECTED FOR MEDIATION (C. Gammon) (Entered: 01/28/2005)

Jan. 13, 2005

Jan. 13, 2005

Mediation Hearing set for no later than 7/30/05. The parties agree to Jonathan R. Harkavy as the mediator. (C. Gammon) (Entered: 01/28/2005)

Jan. 13, 2005

Jan. 13, 2005

6

ORDER Appointing Mediator JONATHAN R. HARKAVY (signed by Clerk) pursuant to LR 83.10d(a). Ccs. dist. [EOD Date 2/15/05] (C. Gammon) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

7

NOTICE of Hearing: Jury Trial set for 1/9/2006 09:30 AM; Trial Briefs, etc. due 12/20/05. (Winchester, Robin) (Entered: 03/13/2005)

March 13, 2005

March 13, 2005

8

NOTICE of Appearance by attorneys KARA GIBBON HADEN and JESSICA DIXON on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (McKenzie, Keayba) (Entered: 03/18/2005)

March 16, 2005

March 16, 2005

MOTIONS 9 MOTION for Protective Order REFERRED to Judge Mag/Judge Eliason. (Blumke, Sheila) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

10

JOINT MOTION to Enlarge Discovery from 6/30/05 to 8/29/05 by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and CENTEX-ROONEY CONSTRUCTION COMPANY, INC. (McKenzie, Keayba) (Entered: 05/19/2005)

May 17, 2005

May 17, 2005

MOTIONS 10 for Extension of Time to Complete Discovery REFERRED to Mag/Jd Eliason. (Winchester, Robin) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

11

ORDER Granting 10 Motion extending the Discovery period through 8/1/05 in order for the court to have time to rule on dispositive motions; Discovery due by 8/1/2005. Signed by Judge RUSSELL A. ELIASON on 5/25/05. (McKenzie, Keayba) (Entered: 05/25/2005)

May 25, 2005

May 25, 2005

Motions No Longer Referred to Mag/Jd Eliason: 9 MOTION for Protective Order (Winchester, Robin) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

MOTION 9 for Protective Order REFERRED to Judge Mag/Jd Eliason. (Winchester, Robin) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

12

ORDER Granting 9 Motion for Protective Order and entering Consent Protective Order Signed by Judge RUSSELL A. ELIASON on 6/28/05. (Attachments: # 1 Exhibit A) (McKenzie, Keayba) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

13

SUPPLEMENTAL PROTECTIVE ORDER Signed by Judge RUSSELL A. ELIASON on 6/28/05. (McKenzie, Keayba) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

REPORT OF MEDIATOR from Jonathan R. Harkavy - mediation hearing held 7/19/05. (Gammon, Cheryl) (Entered: 08/02/2005)

July 28, 2005

July 28, 2005

Case Reported Settled after Mediation (Gammon, Cheryl) (Entered: 08/02/2005)

July 28, 2005

July 28, 2005

Set Deadlines/Hearings: Stipulation of Dismissal due by 8/28/2005. (Gammon, Cheryl) (Entered: 08/02/2005)

July 28, 2005

July 28, 2005

CASE REFERRED to Judge WILLIAM L. OSTEEN. (Winchester, Robin) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

Case no longer referred to Judge Osteen (Welch, Kelly) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

14

CONSENT DECREE signed by Judge WILLIAM L. OSTEEN on 9/21/05 as set out; (Attachments: # 1 Exhibit A# 2 Exhibit B)(Welch, Kelly) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2004

Closing Date: 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

Centex-Rooney Construction Company, Inc. (Laurinburg, NC), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available 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: 15000

Order Duration: 2005 - 2008

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits