Case: EEOC v. GEORGIA PACIFIC

5:00-cv-00700 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 21, 2000

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On September 21, 2000, the Raleigh Area Office of the EEOC brought this suit in the Eastern District of North Carolina under Title VII of the Civil Rights Act of 1964 against Georgia Pacific Corporation, one of the world's largest manufacturers of packaging and building materials. The EEOC, who brought this action on behalf of several of the company's male African-American employees and a male Hispanic employee, sought monetary and injunctive relief, claiming that Georgia Pacific's Butler, N.C.…

On September 21, 2000, the Raleigh Area Office of the EEOC brought this suit in the Eastern District of North Carolina under Title VII of the Civil Rights Act of 1964 against Georgia Pacific Corporation, one of the world's largest manufacturers of packaging and building materials. The EEOC, who brought this action on behalf of several of the company's male African-American employees and a male Hispanic employee, sought monetary and injunctive relief, claiming that Georgia Pacific's Butler, N.C. branch had engaged in discrimination based on race and national origin, sex discrimination, and retaliation against those who complained of the company's discriminatory practices. Specifically, the complaint alleged that the company's African-American employees were subjected to a hostile work environment that included racially derogatory comments, graffiti, and name-calling, and that many were fired or constructively discharged due to their complaints about the discriminatory practices. Additionally, the EEOC claimed that a Hispanic employee was subjected to national origin discrimination, primarily through derogatory comments, and sexual harassment, which included explicit comments and gestures and unwelcome touching. This employee was constructively discharged in retaliation for his complaints about the work environment.

On December 20, 2000, the court granted four former Georgia Pacific employees' motion to intervene in the lawsuit. In addition to a Title VII claim, the plaintiff-intervenors (who included the discrimination victims named in the original EEOC complaint) brought suit under 42 U.S.C. § 1981. The complaint in intervention further detailed Georgia Pacific's discriminatory practices, which included KKK, swastika, and confederate flag graffiti, and discriminatory work policies such as not letting African-American employees use the bathroom when needed. One of the plaintiff-intervenors also claimed that he was denied the opportunity to pursue a promotion due to his national origin.

On February 1, 2001, the EEOC and Georgia Pacific signed a settlement agreement, which set forth that the Hispanic plaintiff-intervenor had received a monetary settlement embodied in a separate agreement and that he agreed to dismiss his claim with prejudice, and that if a satisfactory Consent Decree was entered or if the EEOC prevailed at trial, Georgia Pacific would have to provide training to its management and employees on Title VII and the company's anti-discrimination policy, report to the EEOC semi-annually, and would submit to EEOC oversight.

The Consent Decree was entered on March 30, 2001, and was effective for two years. The class of African-American employees who were working or who had worked at Georgia Pacific's Butler, N.C. facility were awarded $198,417.05. One of the named African-American plaintiff-intervenors was further awarded $1,582.95. The Consent Decree additionally set forth the requirements discussed in the settlement agreement, including mandatory training, reporting, and EEOC oversight, and included a prohibition against discrimination.

Summary Authors

Jennifer Gitter (4/5/2013)

Documents in the Clearinghouse

Document

5:00-cv-00700

Docket

EEOC v. Georgia Pacific

Nov. 5, 2001

Nov. 5, 2001

Docket
1

5:00-cv-00700

Complaint

EEOC v. Georgia Pacific

Sept. 21, 2000

Sept. 21, 2000

Complaint
15

5:00-cv-00700

Complaint in Intervention

EEOC v. Georgia Pacific

Dec. 20, 2000

Dec. 20, 2000

Complaint
20

5:00-cv-00700

Settlement Agreement

EEOC v. Georgia Pacific

Feb. 1, 2001

Feb. 1, 2001

Settlement Agreement
24

5:00-cv-00700

Consent Decree

EEOC v. Georgia Pacific

March 30, 2001

March 30, 2001

Settlement Agreement

EEOC Press Release

EEOC v. Georgia Pacific

No Court

April 3, 2001

April 3, 2001

Press Release

Resources

Docket

Last updated March 6, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed; action brought pursuant to Title VII of the Civil Rights Act; racial discrimination; JURY DEMAND. (fdc) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

Clearinghouse

Received a copy of waiver of service of summons and Notice of Lawsuit and request for waiver of summons. (fdc) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

2

Motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow (fdc) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

3

Memorandum by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow in support of [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow w/ attached proposed complaint in intervention. (fdc) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

4

Response by Georgia Pacific to [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow w/ attached exhibits A & B. (fdc) (Entered: 10/18/2000)

Oct. 16, 2000

Oct. 16, 2000

5

Motion by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow to extend time (fdc) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

6

Order granting [5-1] motion to extend time, Reply to Response to Motion reset to 11/9/00 for [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow signed by Sue A. Towe, Deputy Clerk. Served. (fdc) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

7

Waiver of Service Returned Executed as to Georgia Pacific 9/21/00 Answer due on 11/20/00 for Georgia Pacific (fdc) (Entered: 11/03/2000)

Nov. 1, 2000

Nov. 1, 2000

8

Motion by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow to extend time to file reply ; cy of motion w/ proposed order to C. Morgan, w/ proposed order. (fdc) (Entered: 11/09/2000)

Nov. 8, 2000

Nov. 8, 2000

9

Order granting [8-1] motion to extend time to file reply, Response to motion reset to 11/20/00 for [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow signed by Carol M. Morgan, Deputy Clerk. Served. (fdc) (Entered: 11/13/2000)

Nov. 13, 2000

Nov. 13, 2000

10

Motion by Georgia Pacific to extend time (fdc) (Entered: 11/21/2000)

Nov. 20, 2000

Nov. 20, 2000

11

Order granting [10-1] motion to extend time, reset answer due for 12/1/00 for Georgia Pacific signed by Teri Carpenter, Deputy Clerk. Counsel to serve. (fdc) (Entered: 11/21/2000)

Nov. 20, 2000

Nov. 20, 2000

12

Reply by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow to response to [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow (fdc) (Entered: 11/21/2000)

Nov. 20, 2000

Nov. 20, 2000

Motion submitted to Chief Judge Boyle: [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow submitted (fdc) (Entered: 11/27/2000)

Nov. 27, 2000

Nov. 27, 2000

13

Answer to Complaint by Georgia Pacific (fdc) (Entered: 12/04/2000)

Dec. 1, 2000

Dec. 1, 2000

14

Order granting [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow signed by Terrence W. Boyle, USDJ. Hereafter, the caption of this action shall be as above. The proposed Complaint in Intervention attached to the Motion to Intervene shall constitute the initial pleading of the Plaintiff-Intervenors, and shall be deemed to have been filed as of the date of this Order. OB Ref: BO # 16, p. 191; Served. (fdc) (Entered: 12/20/2000)

Dec. 20, 2000

Dec. 20, 2000

15

Intervenor's complaint by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow against Georgia Pacific (fdc) (Entered: 12/20/2000)

Dec. 20, 2000

Dec. 20, 2000

Clearinghouse
16

Motion by Georgia Pacific to extend time to answer, move, plead or otherwise resond to the complaint in intervention ; cy of motion w/ proposed order to David W. Daniel, Clerk. (fdc) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

17

Order granting [16-1] motion to extend time to answer, move, plead or otherwise resond to the complaint in intervention, reset answer due for 2/14/01 for Georgia Pacific signed by David W. Daniel, Clerk. Served, (fdc) (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

18

Request for Discovery Plan: Discovery Plan due by 2/26/01 (fdc) (Entered: 01/12/2001)

Jan. 12, 2001

Jan. 12, 2001

19

Joint motion by Georgia Pacific, EEOC to dismiss Plaintiff's Third, Fourth, Fifth and Sixth Claims of Relief w/ proposed order. (fdc) (Entered: 02/05/2001)

Feb. 1, 2001

Feb. 1, 2001

20

Settlement Agreement filed by defendant Georgia Pacific, plaintiff EEOC (fdc) (Entered: 02/05/2001)

Feb. 1, 2001

Feb. 1, 2001

Clearinghouse

Motion submitted to Chief Judge Boyle: [19-1] joint motion to dismiss Plaintiff's Third, Fourth, Fifth and Sixth Claims of Relief submitted (fdc) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

21

Joint motion by Georgia Pacific, Wayne Marrow, Benito Lopez, Vincent Chambers, Gary Boone, Georgia Pacific, EEOC to dismiss Plaintiff- Intervenor Lopez's Claims With Prejudice (fdc) (Entered: 02/16/2001)

Feb. 14, 2001

Feb. 14, 2001

Informed by mediator, Jonathan R. Harkavy that case has settled (fdc) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

Motion(s) submitted: [21-1] joint motion to dismiss Plaintiff-Intervenor Lopez's Claims With Prejudice submitted (fdc) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

22

Order granting [19-1] joint motion to dismiss Plaintiff's Third, Fourth, Fifth and Sixth Claims of Relief signed by Terrence W. Boyle, USDJ. The Court retains jurisdiction over the enforcement of the Settlement Agreement for the purposes of entering such further orders as may be necessary or appropriate. OB Ref: BO # 17, p. 59; served. (fdc) (Entered: 02/22/2001)

Feb. 22, 2001

Feb. 22, 2001

23

Order granting [21-1] joint motion to dismiss Plaintiff-Intervenor Lopez's Claims With Prejudice signed by Terrence W. Boyle, USDJ. This Court reserves jurisdiction in the matter, to the extent necessary to enforce the Settlement Agreement between Lopez and Defendant. OB Ref: BO # 17, p. 96; served. (fdc) (Entered: 03/12/2001)

March 12, 2001

March 12, 2001

24

Consent judgment for Vincent Chambers, Gary Boone, Wayne Marrow against Georgia Pacific signed by Terrence W. Boyle, USDJ. OB Ref: BO # 17, p. 158; served. (fdc) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

Clearinghouse

Case closed; non-perm. (fdc) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

One copy of the docket sheet mailed to Patti McMullen of Taylor, Martino & hedge Southrust Bank Bldg. 61 St. Joseph St. Suite 1600 Mobile Alabama 36602. (ld) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

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. 21, 2000

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The EEOC brought suit on behalf of a class of African-American workers as well as a Hispanic worker who complained of discrimination based on race and national origin, sex discrimination, and retaliation at their place of employment (Georgia Pacific Corporation).

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia Pacific Corporation (Butner, North Carolina), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Private Settlement Agreement

Amount Defendant Pays: 200000

Order Duration: 2001 - 2003

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Impact

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Hispanic