Case: EEOC v. FURNITURELAND SOUTH

1:02-cv-00703 | U.S. District Court for the Middle District of North Carolina

Filed Date: Aug. 26, 2002

Closed Date: May 19, 2003

Clearinghouse coding complete

Case Summary

In August 2002, the EEOC district office in Charlotte, North Carolina brought this action against Furnitureland South, Inc., a general home furnishings retail firm, in the U.S. District Court for the Middle District of North Carolina. Although the complaint is unavailable, the consent decree indicates that a male employee alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by discriminating against him on the basis of national origin. After the parties attended mediation, they settled and a consent decree was entered in May 2003.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of national origin, pay the aggrieved party $10,000, provide EEO training, and post an EEO notice. No fees or costs were awarded. The terms of the agreement ran for one year.

Summary Authors

Joel Pettit (7/30/2007)

Documents in the Clearinghouse

Document

1:02-cv-00703

Docket [PACER]

EEOC v. Furnitureland South

May 19, 2003

May 19, 2003

Docket
10

1:02-cv-00703

Consent Decree

EEOC v. Furnitureland South

May 19, 2003

May 19, 2003

Settlement Agreement

Resources

Docket

Last updated Feb. 18, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link

**Case assigned to Magistrate Judge ELIASON. AO Code 18AG (K. Welch) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

1

COMPLAINT filed; jury demand (K. Welch) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

2

NOTICE of Lawsuit and Request for Waiver of Service of Summons by EEOC (K. Welch) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

Notice of Right to Consent 28 USC 636(c)(2) (K. Welch) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

3

WAIVER OF SERVICE OF SUMMONS Returned Executed as to FURNITURELAND SOUTH on 8/27/02; Answer due on 10/26/02 for FURNITURELAND SOUTH (K. Mckenzie) (Entered: 09/27/2002)

Sept. 26, 2002

Sept. 26, 2002

4

ANSWER to Complaint by FURNITURELAND SOUTH (Attorney JULIANNA COCHRAN THEALL) (N. Dickerson) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

CASE AT ISSUE (N. Dickerson) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

5

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 12/19/02 in COURTROOM #3 (WSA) ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 10/30/2002)

Oct. 30, 2002

Oct. 30, 2002

6

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 12/12/02 in COURTROOM #3 (WSA) ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

CASE REFERRED to Mag/Jud Eliason re: proposed Joint Rule 26(f) Report. (W. Williamson) (Entered: 11/29/2002)

Nov. 29, 2002

Nov. 29, 2002

7

Joint Rule 26(f) Report and Order setting Discovery cutoff 5/30/03; JURY; Notice of Intent to file Dsp.Motions due by 6/9/03. CASE MANAGEMENT TRACK-STANDARD. Mediation should be conducted midway through the discovery period. The parties agree that the mediator shall be Jon Harkavy. Plaintiff should be allowed until January 31, 2003 to request leave to join additional parties or amend pleadings. Defendant should be allowed until February 28, 2003 to request leave to join additional parties or amend pleadings. The parties report that reference of the case to a magistrate judge on consent of parties or appointment of a master are not appropriate for this case. ETT 3-4 days. Signed by MAG/JUDGE RUSSELL A. ELIASON. Ccs dist [EOD Date 12/6/02] (L. Simmonds) (Entered: 12/06/2002)

Dec. 4, 2002

Dec. 4, 2002

Standard Case (L. Simmonds) (Entered: 12/06/2002)

Dec. 4, 2002

Dec. 4, 2002

Mediation Hearing set for no later than 3/4/03 (J. Wilson) (Entered: 12/18/2002)

Dec. 4, 2002

Dec. 4, 2002

CASE NO LONGER REFERRED to Mag/Jud. (L. Simmonds) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

8

ORDER Appointing Mediator Jonathan R. Harkavy (signed by Clerk). [EOD Date 12/19/02] (J. Wilson) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

9

NOTICE of Hearing: Set Jury Trial for 9:30 1/5/04 in UNASSIGNED COURTROOM , Set Trial Briefs, etc. deadline to 12/16/03 (R. Winchester) (Entered: 01/29/2003)

Jan. 28, 2003

Jan. 28, 2003

Mediation Hearing held 3/4/2003. (fe) (Entered: 03/19/2003)

March 12, 2003

March 12, 2003

CASE REFERRED to Judge Osteen Re: Proposed Consent Decree executed by both parties. (R. Winchester) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

CASE NO LONGER REFERRED to Judge. (K. Mckenzie) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

10

CONSENT DECREE, with Appendix A, that Furnitureland South, Inc. (FLS) shall not discriminate against any of its employees or contract security workers on the basis of national origin or any other category protected by Title VII of the Civil Rights Act of 1964; FLS shall not discriminate or retaliate against any employee or applicant for employment because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Equal Pay Act, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under any of the foregoing statutes; FLS shall pay Bartholomew Toe the sum of $10,000.00 in settlement of the claims for damages raised in this action as set out; FLS agrees that it shall provide a training program covering federal equal employment opportunity laws to all of its employees at its facility in Jamestown, NC including all contract security personnel working at the facility; at least fifteen (15) days prior to the program, FLS shall provide the Commission with an agenda for the training program; the guidelines of the training program are set out; during the term of this Decree, FLS shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, in a place where it is visible to employees at its Jamestown, NC facility; FLS agrees to provide the Commission with semi-annual reports during the term of this Decree as set out; FLS agrees that the Commission may review compliance with this Decree during the term of this Decree as set out; if anytime during the term of this Decree, the Commission believes that FLS is in violation of this Decree, the Commission shall give notice of the alleged violation to the FLS and adhere as set out; the term of this Decree shall be for one (1) year from its entry by the Court; this Court shall retain jurisdiction of this case for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate (signed by JUDGE WILLIAM L. OSTEEN) [EOD Date 5/19/03]. Copies distributed. (K. Mckenzie) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

CASE CLOSED. Closing Code 8a (K. Mckenzie) (Entered: 05/22/2003)

May 19, 2003

May 19, 2003

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 26, 2002

Closing Date: May 19, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A male employee of Furnitureland South, Inc. who complained of discrimination on the basis of national origin.

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

Furnitureland South, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

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: 10000

Order Duration: 2003 - 2004

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits