University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CARMIKE CINEMAS INC EE-NC-0016
Docket / Court 5:04-cv-00673-BO ( 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
In September 2004, the EEOC's Charlotte office filed this suit in the U.S. District Court for the Eastern District of North Carolina against Carmike Cinemas, Inc., alleging multiple violations of Title VII of the Civil Rights Act of 1964. The EEOC alleged that the defendant, an large operator of ... read more >
In September 2004, the EEOC's Charlotte office filed this suit in the U.S. District Court for the Eastern District of North Carolina against Carmike Cinemas, Inc., alleging multiple violations of Title VII of the Civil Rights Act of 1964. The EEOC alleged that the defendant, an large operator of over 300 movie theaters in 36 states, had allowed a twice convicted male sex offender to remain in a supervisory position over minor boys despite receiving numerous and documented complaints from the minor boys about a pervasive and continuous pattern on of verbal and physical sexual harassment. The supervisor often brought the boys into the "candy closet," blocked the exit, and subjected the boys to lewd comments and propositions as well as unwanted touching. Over ten aggrieved minors intervened, as well as several adults, into the EEOC's action. The case eventually settled through mediation in August 2005, which resulted in a court-approved consent decree in September 2005. The decree awarded $765,000 to the class of aggrieved boys and men as well as enjoined the defendant from discriminating or retaliating in the future. The decree also ordered the defendant to amend its anti-discrimination policy, provide equal employment opportunity training to its managers and supervisors, and created a process whereby the EEOC could monitor compliance.

Tony Friedman - 08/13/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
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
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
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Carmike Cinemas, 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 2005 - 2008
Case Closing Year 2005
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-00673-BO (E.D.N.C.) 11/04/2005
EE-NC-0016-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/16/2004
EE-NC-0016-0001 PDF | Detail
Complaint [of Intervenor Plaintiffs] 12/09/2004
EE-NC-0016-0002 PDF | Detail
Complaint of Alvin Fairey [Plaintiff-Intervenor] 04/19/2005
EE-NC-0016-0003 PDF | Detail
Consent Decree 09/26/2005
EE-NC-0016-0004 PDF | Detail
EEOC Press Release 09/27/2005
EE-NC-0016-0005 PDF | Detail
EEOC Litigation Settlement Report (September 2005) 09/30/2005
EE-NC-0016-0006 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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