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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 ...
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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. The settlement term was three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.
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
Case Details
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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
Filed Pro Se
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
Filed
09/16/2004
Case Closing Year
2008
Case Ongoing
No
Documents
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Court
Docket(s)
E.D.N.C.
11/04/2005
5:04-cv-00673-BO
EE-NC-0016-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.C.
09/16/2004
Complaint
EE-NC-0016-0001.pdf
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Detail
E.D.N.C.
12/09/2004
Complaint [of Intervenor Plaintiffs]
EE-NC-0016-0002.pdf
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Detail
E.D.N.C.
04/19/2005
Complaint of Alvin Fairey [Plaintiff-Intervenor]
EE-NC-0016-0003.pdf
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Detail
E.D.N.C.
09/26/2005
Consent Decree
EE-NC-0016-0004.pdf
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Detail
not recorded
09/27/2005
EEOC Press Release
EE-NC-0016-0005.pdf
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Detail
not recorded
09/30/2005
EEOC Litigation Settlement Report (September 2005)
EE-NC-0016-0006.pdf
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Detail
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