University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. QUIK-CHEK, INC. EE-NC-0088
Docket / Court 1:05-cv-00801-JAB-RAE ( M.D. N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Middle District of North Carolina against Quik-Chek, Inc. on behalf of a black employee. The EEOC alleged that Quik-Chek had violated Title VII of the Civil Rights Act of 1964 (42 ... read more >
On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Middle District of North Carolina against Quik-Chek, Inc. on behalf of a black employee. The EEOC alleged that Quik-Chek had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by firing the employee in retaliation for complaining about racial discrimination and threatening litigation. The EEOC sought its costs and monetary and injunctive relief for the employee, including a retaliation prohibition, implementation of equal employment policies, back pay, job search expenses, compensation for emotional harm, and punitive damages.

The parties participated in mediation on May 19, 2006 and reached a settlement. The Court (Judge James A. Beaty Jr.) entered the settlement agreement as a consent decree on June 28, 2006. The employee was paid $11,500. The five-year decree required Quik-Chek not to discriminate or retaliate and to provide the employee a neutral reference letter. Quik-Chek had ceased operating by the time of the decree, but was also subject to a variety of provisions that would kick in if it resumed any business operations. The provisions included adopting an antidiscrimination policy, reporting procedures, and investigative procedures, distributing the policy to employees, posting the policy, providing annual Title VII training to all employees, and reporting all Title VII complaints and investigations to the EEOC. The parties bore their own costs and attorneys' fees. No further court activity appears on the docket and the case is now closed.

Kenneth Gray - 07/23/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Quik-Chek, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a black employee
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 2006 - 2011
Case Closing Year 2006
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)
1:05-cv-00801-JAB-RAE (M.D. N.C.) 06/28/2006
EE-NC-0088-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/14/2005
EE-NC-0088-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/28/2006
EE-NC-0088-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Beaty, James A. Jr. (M.D. N.C.)
EE-NC-0088-0002 | EE-NC-0088-9000
Eliason, Russell Allen (M.D. N.C.) [Magistrate]
EE-NC-0088-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barnes, Lynette (North Carolina)
EE-NC-0088-0001 | EE-NC-0088-0002 | EE-NC-0088-9000
Lee, James L. (District of Columbia)
EE-NC-0088-0001 | EE-NC-0088-0002 | EE-NC-0088-9000
Mahood, Zoe G. (North Carolina)
EE-NC-0088-0001 | EE-NC-0088-0002 | EE-NC-0088-9000
Reams, Gwendolyn Young (District of Columbia)
EE-NC-0088-0001 | EE-NC-0088-0002 | EE-NC-0088-9000
Defendant's Lawyers Clarke, Brian Stephen (North Carolina)
EE-NC-0088-9000
Langley, Dena Beth (North Carolina)
EE-NC-0088-0002 | EE-NC-0088-9000
Other Lawyers None on record

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