On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Middle District of North Carolina against Quik-Chek, Inc. on behalf of a black employee. The EEOC alleged that Quik-Chek had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by firing the employee in retaliation for complaining about racial discrimination and threatening litigation. The EEOC sought its costs and monetary and injunctive relief for the employee, including a retaliation prohibition, implementation of equal employment policies, back pay, job search expenses, compensation for emotional harm, and punitive damages.

The parties participated in mediation on May 19, 2006 and reached a settlement. The Court (Judge James A. Beaty Jr.) entered the settlement agreement as a consent decree on June 28, 2006. The employee was paid $11,500. The five-year decree required Quik-Chek not to discriminate or retaliate and to provide the employee a neutral reference letter. Quik-Chek had ceased operating by the time of the decree, but was also subject to a variety of provisions that would kick in if it resumed any business operations. The provisions included adopting an antidiscrimination policy, reporting procedures, and investigative procedures, distributing the policy to employees, posting the policy, providing annual Title VII training to all employees, and reporting all Title VII complaints and investigations to the EEOC. The parties bore their own costs and attorneys' fees. No further court activity appears on the docket and the case is now closed.

Kenneth Gray - 07/23/2013


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