University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LIBERTY COMMONS NURSING CENTER EE-NC-0062
Docket / Court 7:02-cv-00005-F ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Raleigh Area Office of the EEOC filed a suit against Liberty Commons Nursing Center, Inc., in January of 2002, in the U.S. District Court for the Eastern District of North Carolina. The suit alleged a violation of Title VII, for inappropriate sexual advances and touching of a group of female ... read more >
The Raleigh Area Office of the EEOC filed a suit against Liberty Commons Nursing Center, Inc., in January of 2002, in the U.S. District Court for the Eastern District of North Carolina. The suit alleged a violation of Title VII, for inappropriate sexual advances and touching of a group of female employees, two of which are named in the complaint and one intervened, and for retaliation against one of the complainants. The case was resolved in February of 2003 by a consent decree.

The consent decree contained both monetary and injunctive relief. The two named complainants received a total of $50,000, with $45,000 going to the woman who was retaliated against. The injunctive relief consisted of developing an anti-discrimination policy, posting notice of this suit, and training each manager annually. The complainants were to have this suit and their complaints removed from their employment records.

Alex Bean - 07/30/2007


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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
Expungement of Employment Record
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
Defendant(s) Liberty Commons Nursing Center, 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 2003 - 2006
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)
7:02-cv-00005-F (E.D.N.C.) 03/25/2003
EE-NC-0062-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/08/2002
EE-NC-0062-0001.pdf | Detail
Intervenor-Plaintiff's Complaint (Maria A. Withey) 03/13/2002
EE-NC-0062-0002.pdf | Detail
Consent Decree 02/26/2003
EE-NC-0062-0003.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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