Case: EEOC v. HR AMERICA INC

3:01-cv-00554 | U.S. District Court for the Western District of North Carolina

Filed Date: Sept. 28, 2001

Closed Date: Feb. 11, 2003

Clearinghouse coding complete

Case Summary

The EEOC's Charlotte district office sued HR America, Inc. and Summit Hospitality Group, Ltd. on September 28, 2001 in the U.S. District Court for the Western District of North Carolina. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (male) by creating a hostile work environment and retaliating against an employee for his complaints of his treatment. The parties entered into a consent decree on January 31, 2003, which stipulated that the defendant would pay the complainants $10,875 in damages, provide a neutral reference for the complainants, expunge the complainants' work record, post a notice of compliance with Title VII, provide Title VII training to its employees, draft and distribute a non-discrimination policy, allow the EEOC to enter the defendant's premises to ensure compliance with the consent decree, and report complaints of sex discrimination to the EEOC semiannually.

Summary Authors

Kevin Wilemon (7/6/2007)

Documents in the Clearinghouse

Document

3:01-cv-00554

Docket (PACER)

EEOC v. HR Amer Inc, et al

Feb. 11, 2003

Feb. 11, 2003

Docket
1

3:01-cv-00554

Complaint

EEOC v. HR America Inc

Sept. 28, 2001

Sept. 28, 2001

Complaint
19

3:01-cv-00554

Consent Decree

EEOC v. HR America Inc

Jan. 31, 2003

Jan. 31, 2003

Settlement Agreement

Resources

Docket

Last updated April 17, 2024, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (former emp) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

2

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (former emp) (Entered: 10/04/2001)

Oct. 1, 2001

Oct. 1, 2001

3

MOTION with Memorandum in Support by HR Amer Inc to Extend Time to 12/31/01 to answer or plead to cmp (former emp) (Entered: 12/03/2001)

Nov. 30, 2001

Nov. 30, 2001

4

ORDER granting [3-1] motion to Extend Time to 12/31/01 to answer or plead to cmp, set Answer deadline to 12/31/01 for HR Amer Inc ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/3/01] (former emp) (Entered: 12/03/2001)

Dec. 3, 2001

Dec. 3, 2001

5

MOTION by HR Amer Inc for John M. Hament to Appear Pro Hac Vice - Adm Fee paid - Rc#20127 (bsw) (Entered: 12/26/2001)

Dec. 21, 2001

Dec. 21, 2001

6

MOTION by HR Amer Inc for Jennifer Fowler-Hermes to Appear Pro Hac Vice - fee paid - rc#20127 (bsw) (Entered: 12/26/2001)

Dec. 21, 2001

Dec. 21, 2001

7

WAIVER OF SERVICE Returned Executed as to Summit Hospitality 11/16/01 Answer due on 1/15/02 for Summit Hospitality (former emp) (Entered: 01/04/2002)

Jan. 2, 2002

Jan. 2, 2002

9

ANSWER to Complaint by Summit Hospitality (Attorney Robert A. Sar, C. Matthew Keen),; jury demand (former emp) (Entered: 01/10/2002)

Jan. 7, 2002

Jan. 7, 2002

10

CONSENT/REFUSAL to Magistrate Jurisdiction by Summit Hospitality - refusal (former emp) (Entered: 01/10/2002)

Jan. 7, 2002

Jan. 7, 2002

11

CASE reassigned to Judge Graham C. Mullen - notice of reassignment mailed to parties. (former emp) (Entered: 01/10/2002)

Jan. 10, 2002

Jan. 10, 2002

12

Substitution of Counsel terminating attorney Bobby C. Simpson for EEOC and substituting Kara L. Gibbon Haden (former emp) (Entered: 01/15/2002)

Jan. 14, 2002

Jan. 14, 2002

13

Certificate of I.A.C. by plaintiff EEOC, defendant HR Amer Inc, defendant Summit Hospitality (bsw) (Entered: 03/06/2002)

March 6, 2002

March 6, 2002

14

INITIAL PRETRIAL ORDER Discovery deadline is 1/31/03 Motion filing deadline is 3/3/03 Mediation due: 1/31/03 Jury Trial set for 9:30 6/2/03 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) (bsw) (Entered: 03/22/2002)

March 22, 2002

March 22, 2002

15

MOTION by HR Amer Inc to Substitute Attorney Robert A. Sar of Ogletree, Deakins, Nash in place of Allan Singer, John Hament and Jennifer Fowler-Hermes of Kunkel Miller & Hament (bsw) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

16

ORDER granting [15-1] motion to Substitute Attorney Robert A. Sar of Ogletree, Deakins, Nash in place of Allan Singer, John Hament and Jennifer Fowler-Hermes of Kunkel Miller & Hament terminated attorney Jennifer Fowler-Hermes for HR Amer Inc, attorney John M. Hament for HR Amer Inc, attorney Jennifer Fowler-Hermes for HR Amer Inc, attorney John M. Hament for HR Amer Inc, attorney Allan W. Singer for HR Amer Inc ( signed by Judge Graham C. Mullen ) [EOD DATE: 6/20/02] (bsw) (Entered: 06/20/2002)

June 18, 2002

June 18, 2002

17

ORDER granting [5-1] motion for John M. Hament to Appear Pro Hac Vice ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/3/02] (former emp) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

18

ORDER granting [6-1] motion for Jennifer Fowler-Hermes to Appear Pro Hac Vice ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/3/02] (former emp) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

19

CONSENT DECREE by plaintiff EEOC, defendant HR Amer Inc, defendant Summit Hospitality (clc) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

Case closed (clc) (Entered: 02/11/2003)

Feb. 11, 2003

Feb. 11, 2003

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. 28, 2001

Closing Date: Feb. 11, 2003

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

Summit Hospitality Group, Ltd. (Charlotte, NC), Private Entity/Person

HR America, Inc. (Charlotte, 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: 10875

Order Duration: 2003 - 2004

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits