Case: EEOC v. Optical Cable Corporation

7:00-cv-00757 | U.S. District Court for the Western District of Virginia

Filed Date: Sept. 27, 2000

Closed Date: Feb. 20, 2005

Clearinghouse coding complete

Case Summary

The EEOC Baltimore office filed this class action suit on September 27, 2000 in the U.S. District Court for the Western District of Virginia . The EEOC alleged that defendant Optical Cable Corp. violated Title VII by firing and failing to hire African-Americans, and by limiting female employees to lesser-paying positions.

After two unsuccessful motions to dismiss by the defendant (see EEOC v. Optical Cable Corp., 169 F.Supp.2d 539 (W.D.Va. 2001)), the case was settled in February 2002. The defendant agreed to pay $1 million for distribution to qualifying class members and to make efforts to recruit female and African-American employees. The consent decree additionally required defendants to post non-discrimination notices, expunge employment records, provide training for all employees, especially management, and hire an equal proportion of African-American employees having the requisite skills for positions in the company.

Summary Authors

Jennifer Solomon (3/7/2008)

Documents in the Clearinghouse

Document

7:00-cv-00757

Docket [PACER]

May 20, 2003

May 20, 2003

Docket
55

7:00-cv-00757

Memorandum Opinion [Denying Second Motion to Dismiss]

Aug. 2, 2001

Aug. 2, 2001

Order/Opinion

169 F.Supp.2d 169

61

7:00-cv-00757

Consent Decree in Full

EEOC v. Opitcal Cable Corporation

Feb. 20, 2002

Feb. 20, 2002

Settlement Agreement

7:00-cv-00757

EEOC Settles Race and Sex Bias Suit for $1 Million Against Optical Cable Corp.

No Court

Feb. 21, 2002

Feb. 21, 2002

Press Release

Resources

Docket

Last updated March 30, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; 100 Day Notice due 1/5/01 for Optical Cable Corp. Service due 1/25/01 for Optical Cable Corp. (lfc) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

1

JURY DEMAND by Equal Employment Opportunity Commission (lfc) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

2

NOTICE of Attorney Appearance for Optical Cable Corp. by Thomas Richard Bagby, Bayard Easter Harris, Thomas M. Winn III (emh)

Oct. 23, 2000

Oct. 23, 2000

CORPORATE DISCLOSURE LETTER; Response due 10/26/00 for Optical Cable Corp. (emh)

Oct. 23, 2000

Oct. 23, 2000

3

CORPORATE DISCLOSURE STATEMENT by Optical Cable Corp. (rkc)

Oct. 26, 2000

Oct. 26, 2000

4

ORDER reassigning case to the docket of the Honorable Jackson L. Kiser, Senior U. S. District Judge for the Western District of Virginia, for further action ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 10/26/00] (lmh)

Oct. 26, 2000

Oct. 26, 2000

CASE reassigned to Senior Judge Jackson L. Kiser (lmh)

Oct. 26, 2000

Oct. 26, 2000

5

ANSWER to Complaint by Optical Cable Corp. (rkc)

Nov. 22, 2000

Nov. 22, 2000

6

MOTION to Dismiss by Optical Cable Corp. (rkc)

Nov. 22, 2000

Nov. 22, 2000

7

MEMORANDUM w/ exhibits in support of [6-1] motion to Dismiss by Optical Cable Corp. (rkc)

Nov. 22, 2000

Nov. 22, 2000

8

MOTION for Protective Order by Optical Cable Corp. (rkc)

Nov. 22, 2000

Nov. 22, 2000

9

MEMORANDUM w/ exhibit in support of [8-1] motion for Protective Order by Optical Cable Corp. (rkc)

Nov. 22, 2000

Nov. 22, 2000

10

PRETRIAL ORDER for all pretrial discovery motions and issues and whatever else as set forth in Items 1-12 of re: trial date, status reports, jury instructions, motions, briefs, hearings discovery, witnesses, and settlement of case ( signed by Senior Judge Jackson L. Kiser )[EOD Date 12/5/00] (rkc) (Entered: 12/05/2000)

Dec. 4, 2000

Dec. 4, 2000

11

JOINT MOTION to Extend Time to file Opposition Memorandum by EEOC and deft's Reply Memorandum by Equal Employment, Optical Cable Corp. (rkc)

Dec. 7, 2000

Dec. 7, 2000

12

MOTION to Compel by Equal Employment (emh)

Dec. 13, 2000

Dec. 13, 2000

13

MEMORANDUM by Equal Employment in support of [12-1] motion to Compel by Equal Employment (emh)

Dec. 13, 2000

Dec. 13, 2000

13

MEMORANDUM by Equal Employment in opposition to [8-1] motion for Protective Order by Optical Cable Corp. (emh)

Dec. 13, 2000

Dec. 13, 2000

14

ORDER granting [11-1] joint motion to Extend Time to file Opposition Memorandum by EEOC and deft's Reply Memorandum, Resetting Brief deadline to 1/5/01 , Response Due Deadline to 2/2/01 ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 12/13/00] (emh)

Dec. 13, 2000

Dec. 13, 2000

15

NOTICE of Hearing Motion Hearing set for 9:30 2/28/01 for [6-1] motion to Dismiss by Optical Cable Corp. (emh) (Entered: 12/21/2000)

Dec. 20, 2000

Dec. 20, 2000

16

NOTICE of Hearing Motion Hearing set for 10:00 1/19/01 for [12-1] motion to Compel, set for 10:00 1/19/01 for [8-1] motion for Protective Order by Optical Cable Corp. (emh) (Entered: 12/21/2000)

Dec. 20, 2000

Dec. 20, 2000

17

JOINT MOTION to Extend Time for filing memoranda re: Protective Order and Motion to Compel by Equal Employment, Optical Cable Corp. (rkc)

Jan. 4, 2001

Jan. 4, 2001

18

REPLY MEMORANDUM in Support of its [8-1] Motion for Protective Order by Optical Cable Corp. (rkc)

Jan. 5, 2001

Jan. 5, 2001

18

MEMORANDUM by Optical Cable Corp. in opposition to [12-1] motion to Compel by Equal Employment (rkc)

Jan. 5, 2001

Jan. 5, 2001

19

RESPONSE by Equal Employment in Opposition to [6-1] motion to Dismiss w/ exhibits by Optical Cable Corp. (rkc)

Jan. 5, 2001

Jan. 5, 2001

SEALED DOCUMENT - Attachments 4 & 11 to Pltf's Opposition Filing this date placed under seal by order entered 01-19-01 UNSEALED EXHIBIT 4 PER 3/2/01 ORDER (ssm) Modified on 03/05/2001 (Entered: 01/19/2001)

Jan. 5, 2001

Jan. 5, 2001

20

ORDER granting [17-1] joint motion to Extend Time for filing memoranda as follows: 1) Deft's Reply by 1-05-01 and Pltf's Reply by 1-17-01 ( signed by Senior Judge Jackson L. Kiser ) [EOD Date (rkc)

Jan. 11, 2001

Jan. 11, 2001

21

EEOC'S REPLY MEMORANDUM in Support of its [12-1] Motion to Compel (rkc)

Jan. 17, 2001

Jan. 17, 2001

21

SUR-REPLY by Equal Employment to [8-1] motion for Protective Order by Optical Cable Corp. (rkc)

Jan. 17, 2001

Jan. 17, 2001

Motion hearing held re: [12-1] motion to Compel by Equal Employment, [8-1] motion for Protective Order by Optical Cable Corp. TIME IN COURT - 1 hr 30 mins. (Judge Conrad OCR Whitlock) (ssm)

Jan. 19, 2001

Jan. 19, 2001

22

ORDER granting in part, denying in part [12-1] motion to Compel, granting in part, denying in part [8-1] motion for Protective Order, and Directing Clerk to Seal "settlement letter" and "employee chart" as attached to already filed pleadings. ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 1/19/01] (ssm)

Jan. 19, 2001

Jan. 19, 2001

23

REPLY MEMORANDUM in support of [6-1] motion to Dismiss by Optical Cable Corp. (rkc)

Feb. 2, 2001

Feb. 2, 2001

Deadline updated; Set Jury Trial for 9:30 2/4/02 Trial is expect to last 4 weeks. (sig)

Feb. 16, 2001

Feb. 16, 2001

24

MOTION requesting inspection order by Equal Employment (mka)

Feb. 27, 2001

Feb. 27, 2001

25

MEMORANDUM by Equal Employment in support of [24-1] motion requesting inspection order by Equal Employment (mka)

Feb. 27, 2001

Feb. 27, 2001

26

MEMORANDUM by Optical Cable Corp. in opposition to [24-1] motion requesting inspection order by Equal Employment (lmh) (Entered: 03/02/2001)

March 1, 2001

March 1, 2001

27

ORDER granting [24-1] motion requesting inspection order as set forth in items 1-5 ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 3/5/01] (lmh) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

28

ORDER, Vacating [22-1] order to Seal "settlement letter" and "employee chart" to the extent that it orders that the chart be sealed ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 3/5/01] (lmh) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

Unsealed Exhibit 4 "Employment Chart" per 3/2/01 order placed in binder with number 19 (lmh) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

29

OBJECTIONS by Optical Cable Corp. [27-1] to order of Magistrate Judge granting pltf's Motion requesting inspection order (mka) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

30

RESPONSE with attached exhibits by Equal Employment to [29-1] objection by Optical Cable Corp. (lmh) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

31

SECOND MOTION to Compel and for Sanctions by Equal Employment (mka)

May 4, 2001

May 4, 2001

32

MEMORANDUM by Equal Employment in support of [31-1] second motion to Compel by Equal Employment, [31-2] second motion for Sanctions by Equal Employment (mka)

May 4, 2001

May 4, 2001

33

EXHIBIT LIST by Equal Employment (mka)

May 4, 2001

May 4, 2001

34

JOINT NOTICE re: submission of matter on briefs by Equal Employment, Optical Cable Corp. (mka)

May 10, 2001

May 10, 2001

35

ORDER Overruling deft. objection to USMJ 3/2/01 Order and Affirming Order ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 5/17/01] (emh) (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

36

NOTICE of Hearing Motion Hearing set for 1:00 6/5/01 for [31-1] motion to Compel by Equal Employment (mka) Modified on 05/18/2001

May 18, 2001

May 18, 2001

37

SECOND MOTION to Dismiss by Optical Cable Corp. (mka)

May 24, 2001

May 24, 2001

38

MEMORANDUM by Optical Cable Corp. in support of [37-1] motion to Dismiss by Optical Cable Corp. (mka)

May 24, 2001

May 24, 2001

39

MEMORANDUM by Optical Cable Corp. in opposition to [31-1] motion to Compel by Equal Employment, [31-2] motion for Sanctions by Equal Employment (mka)

May 24, 2001

May 24, 2001

40

MEMORANDUM OPINION ( signed by Senior Judge Jackson L. Kiser ) (emh)

June 1, 2001

June 1, 2001

41

ORDER denying [37-1] motion to Dismiss, denying [6-1] motion to Dismiss ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 6/1/01] (emh)

June 1, 2001

June 1, 2001

43

ORDER Substituting Attorney terminated attorney Victor M. Lawrence for Equal Employment Added Amy E. Garber ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 6/5/01] (mka)

June 5, 2001

June 5, 2001

44

ORDER to Extend Time for pltf. to file its Reply in Support of EEOC's Second Motion to Compel and for Sanctions Resetting Response Due Deadline to 6/7/01 ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 6/6/01] (emh)

June 6, 2001

June 6, 2001

45

RESPONSE by Equal Employment in Opposition to [37-1] second motion to Dismiss by Optical Cable Corp. (ssm)

June 7, 2001

June 7, 2001

46

DECLARATION of Stephen P. O'Rourke in support of [45-1] opposition response by Equal Employment (ssm)

June 7, 2001

June 7, 2001

47

EXHIBIT LIST by Equal Employment (ssm)

June 7, 2001

June 7, 2001

48

REPLY MEMORANDUM by Equal Employment to response to [31-1] motion to Compel by Equal Employment, [31-2] motion for Sanctions by Equal Employment (ssm)

June 7, 2001

June 7, 2001

Motion hearing held re: [31-1] motion to Compel by Equal Employment (Judge Conrad OCR Whitlock) (ssm) (Entered: 06/22/2001)

June 20, 2001

June 20, 2001

49

ORDER granting pltf's [31-1] motion to Compel production of personnel files and computerized payrol records, defts shall submit documents subject to a claim of privilege for in camera review, denying [31-2] motion for Sanctions and whatelse as set forth in the order ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 6/21/01] (rkc)

June 21, 2001

June 21, 2001

50

STIPULATION AND ORDER ent. 6/25/01 allowing Optical Cable up to and including 6/29/01 to serve its Reply in Support of Dft's Second Motion to Dismiss by agreement of counsel ( signed Senior Judge Jackson L. Kiser ) [EOD Date 6/26/01] (mka) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

Deadline updated; Resetting Response Due Deadline to 6/29/01 (emh) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

51

ORDER re: in camera document review ordered and entered on 6/20/01 ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 6/27/01] (mka)

June 27, 2001

June 27, 2001

52

REPLY MEMORANDUM by Optical Cable Corp. in support of [37-1] Second Motion to Dismiss by Optical Cable Corp. (mka) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

53

NOTICE of Hearing Motion Hearing set for 07/16/01 at 1:00 re: Dft's Second Motion to Dismiss by Optical Cable Corp. (mka) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

Motion hearing re: [37-1] motion to Dismiss by Optical Cable Corp. set at 1:00 7/16/01 (mka) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

54

AGREEDED ORDER ent. admitting Richard J. Mrizek to practice on behalf of plaintiff in this case ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 7/16/01] (lmh)

July 16, 2001

July 16, 2001

55

MEMORANDUM OPINION ( signed by Senior Judge Jackson L. Kiser ) (lmh)

Aug. 2, 2001

Aug. 2, 2001

56

ORDER ent. denying defendant's second motion to dismiss ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 8/2/01] (lmh)

Aug. 2, 2001

Aug. 2, 2001

57

JOINT MOTION to Continue trial by Equal Employment, Optical Cable Corp. (lmh) (Entered: 11/19/2001)

Nov. 16, 2001

Nov. 16, 2001

58

ORDER ent., resetting Jury Trial for 9:30 7/1/02 (Expected to last thirty days ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 11/19/01] (lmh)

Nov. 19, 2001

Nov. 19, 2001

COURT REPORTER NOTES filed in Roanoke Division by Court Reporter Cynthia Stiles, Pierce Reporting Carton CR #555 for hearing date 7/16/01 for Motion hearing (lmh)

Jan. 14, 2002

Jan. 14, 2002

59

JOINT MOTION for entry of consent decree by Equal Employment, Optical Cable Corp. (lmh)

Feb. 14, 2002

Feb. 14, 2002

60

MEMORANDUM by Equal Employment in support of [59-1] joint motion for entry of consent decree by Optical Cable Corp., Equal Employment (lmh)

Feb. 14, 2002

Feb. 14, 2002

61

CONSENT DECREE IN FULL SETTLEMENT OF CIVIL ACTION granting [59-1] joint motion for entry of consent decree ( signed by Senior Judge Jackson Kiser ) [EOD Date 2/20/02] (rkc)

Feb. 20, 2002

Feb. 20, 2002

Case closed (rkc) (Entered: 02/22/2002)

Feb. 20, 2002

Feb. 20, 2002

62

EEOC'S ROPOSED DISTRIBUTION OF RACE AND GENDER FUND by Equal Employment (mka) (Entered: 10/18/2002)

Oct. 15, 2002

Oct. 15, 2002

63

SUPPLEMENTAL PROPOSED DISTRIBUTION OF RACE AND GENDER FUND by Equal Employment (emh) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

64

RESPONSE by Equal Employment to Objection of Erica Kasey (emh) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

65

RESPONSE by Equal Employment to Objection of Shirley Paxton Van Dyke (emh) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

66

RESPONSE by Equal Employment to Objection of Jeffrey T. White (emh) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

67

OPPOSITION TO OBJECTION Of Michelle C. Darden by Equal Employment (emh) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

68

OPPOSITION TO OBJECTION of Edward Hunter by Equal Employment (emh) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

69

ORDER Granting objections to the original plan by Kasey, Van Dyke and White , Accepting the Supplemental Proposed Distribution , and Denying objections of Darden and Hunter ( signed by Senior Judge Jackson L. Kiser ) [EOD Date 5/20/03] (emh)

May 20, 2003

May 20, 2003

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 27, 2000

Closing Date: Feb. 20, 2005

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

Optical Cable Corporation, 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

Any published opinion

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: 1000000

Order Duration: 2002 - 2005

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

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

Training

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits