-

IN THE UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF NORTH CAROLINA

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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CIVIL ACTION NO.)',U:0,S3~,Uq\\-~)4;'"'Or ltC,

)

Plaintiff,

)

)

v.

)

COMPLAINT

)

WILLIAMS ELECTRIC COMPANY

)

and

)

JURY TRIAL DEMANDED

PIONEER ASSOCIATES, INC. d/b/a

)

WILLIAMS ELECTRIC COMPANY, )

)

Defendants.

)

-------------------------)

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963, Title VII ofthe Civil Rights Act of 1964 and Title I ofthe Civil Rights Act of 1991 to restrain the unlawful payment ofwages to employees of one sex at rates less than the rates paid to employees of the opposite sex, and under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, This action seeks appropriate relief due to Angela Ragland, Tina Kitchens, and other similarly situated female employees who were adversely affected by unlawful practices. Plaintiff, the United States Equal Employment Opportunity Commission ("EEOC" or the "Commission"), alleges, as described with greater particularity in paragraphs 11 and 15 below, that Defendants Williams Electric Company and Pioneer Associates, Inc. (collectively "Defendant Employers") pay the female Flaggers at wage rates which are less than the rates paid to the male Groundmen performing substantially equal work, and otherwise discriminate against those female employees because of their sex.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant Sections 16(c) and 17 ofthe Fair Labor Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements ofthe Equal Pay Act ofl963 ("EPA"), codified as Section 6(d) ofthe FLSA, 29 U.S.C. §206(d), and pursuant to Section 706(t) (1) and (3) ofTitie VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. §2000e-5(t)(I) and (3). This action is also authorized and instituted pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina.
PARTIES 3. Plaintiff is the agency of the United States of America charged with the administration, interpretation and enforcement ofthe EPA and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 ofthe FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section I of Reorganization Plan No.1 of 1978,92 Stat. 2781, and Public Law 98-532 (1984), 98 Stat. 2705, and by Sections 706(t)(1) and (3) ofTitie VII, 42 U.S.C. §2000e-5(t)(l) and (3). 4. At all relevant times, Defendant Williams Electric Company, which maintains its principal place of business in Shelby, North Carolina, has continuously been doing business in the State of North Carolina and the City of Shelby, and has continuously employed at least 15 employees. 5. At all relevant times, Defendant Williams Electric Company has continuously been engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

6. At all relevant times, Defendant Williams Electric Company has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) ofthe FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Williams Electric Company has continuously employed employees engaged in commerce or in the production ofgoods for commerce within the meaning of Sections 3(b), (i) and U) of the FLSA, 29 U.S.C. §§ 203(b), (i) and U).
8. At all relevant times, Defendant Pioneer Associates, Inc., a New York corporation, has maintained a place ofbusiness in Shelby, North Carolina, has continuously been doing business in the State of North Carolina and the City of Shelby, and has continuously employed at least 15 employees.
9. At all relevant times, Defendant Pioneer Associates, Inc. has continuously been engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
10. At all relevant times, Defendant Pioneer Associates, Inc. has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
11. At all relevant times, Defendant Pioneer Associates, Inc. has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and U) of the FLSA, 29 U.s.C. §§ 203(b), (i) and (j).
STATEMENT OF CLAIMS 12. More than thirty days prior to the institution ofthis lawsuit, Angela Ragland and Tina Kitchens filed charges with the Commission alleging violations of the FLSA and Title VII by Defendants. All conditions precedent to the institution ofthis lawsuit have been fulfilled.

13. Since at least 1998, Defendant Employers have engaged in unlawful employment practices at their Augusta, Georgia, facility and other facilities in violation ofSections 703(a) ofTitle VII ofthe Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. §2000e-2(a), and Section 102 ofthe Civil Rights Act ofl991, 42 U.S.C. § 1981a. Specifically, Defendants subjected Angela Ragland, Tina Kitchens, and other similarly situated female employees who were employed as Flaggers to discrimination:
a. by (l) paying lower wages to the female Flaggers than it paid to the male Groundmen (Le., by giving the Groundmen larger increases in pay), and (2) subjecting the female Flaggers to disparate terms and conditions of employment by refusing to allow them to work storm trips, based on their sex, in violation of Section 703(a)(1) of Title VII; and
b. by classifying female employees as Flaggers and denying them equal opportunities for advancement within the company based on their sex, in violation of Section 703(a)(2) of Title VII.
14. The effect of the practices complained of in paragraph 13 above has been to deprive Angela Ragland, Tina Kitchens, and other similarly situated female employees ofequal employment opportunities and otherwise adversely affect their status as employees because oftheir sex, female.
15. The unlawful employment practices complained ofin paragraph 13 above were, and are, intentional.
16. The unlawful employment practices complained of in paragraph 13 above were, and are, done with malice and/or with reckless indifference to the federally protected rights of Angela Ragland, Tina Kitchens, and a group of similarly situated female employees.
17. Since at least1998, Defendant Employers have violated Sections 6(d)(1) and 15(a)(2)

-
ofthe FLSA, 29 U.S.c. §§ 206(d)(l) and 215(a)(2), by paying lower wages to the female Flaggers than it paid to the male Groundmen (i.e., by giving the Groundmen larger increases in pay) for substantially equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
18. As a result of the acts complained ofin paragraph 17 above, Defendant Employers have unlawfully withheld, and are continuing to withhold, the payment of wages due to Angela Ragland, Tina Kitchens, and a group of similarly situated female employees.
19. The unlawful practices complained of in paragraph 17 above were willful. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with them, from subjecting employees to sex-based discriminatory job classifications and opportunities or any other employment practice that discriminates on the basis of sex. B. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns and all persons in active concert or participation with them, from discriminating within any of their establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which they pay wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. C. Order Defendant Employers to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices.

-
D. Order Defendant Employers, jointly and severally, to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing appropriate lost wages with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects ofthe unlawful employment practices described in paragraphs 13 and 17 above.
E. Order Defendant Employers, jointly and severally, to make whole Angela Ragland, Tina Kitchens, and a group ofsimilarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraphs 13 and 17 above in amounts to be determined at trial.
F. Order Defendant Employers, jointly and severally, to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 13 and 17 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
G. Order Defendant Employers, jointly and severally, to pay Angela Ragland, Tina Kitchens, and agroup ofsimilarly situated female employees, punitive damages for their intentional, malicious and reckless conduct, as described above, in amounts to be determined at trial.
H, Grant a judgment requiring Defendant Employers to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages or prejUdgment interest in lieu thereof to employees whose wages are being unlawfully withheld as a result of the acts complained ofabove, including but not limited to Angela Ragland, Tina Kitchens, and Carol Redd.
1. Grant such further relief as the Court deems necessary and proper in the public interest.

-
J. Award the Commission its costs ofthis action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this ~day ofJuly 2003.
Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
~~
Semor Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6870 ATTORNEYS FOR PLAINTIFF

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ASHEVILLE DIVISION

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OPPORTUNITY COMMISSION,

)

CIVIL ACTION NO. 1:03cv184

)

Plaintiff,

)

)

AMENDED COMPLAINT

v.

)

)

WILLIAMS ELECTRIC COMPANY

)

JURY TRIAL DEMANDED

and PIONEER ASSOCIATES, INC. d/b/a )

WILLIAMS ELECTRIC COMPANY,

)

)

Defendants.

)

------------------------)

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Title I ofthe Civil Rights Act of 1991 to restrain the unlawful payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex, and under Title VII of the Civil Rights Act of 1964 and Title [ of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex. This action seeks appropriate relief due to Angela Ragland, Tina Kitchens, and other similarly situated female employees who were adversely affected by unlawful practices. Plaintiff, the United States Equal Employment Opportunity Commission ("EEOC" or the "Commission"), alleges, as described with greater particularity in paragraphs 11 and 15 below, that Defendants Williams Electric Company and Pioneer Associates, Inc. (collectively "Defendant Employers") pay the female Flaggers at wage rates which are less than the rates paid to the male Groundmen performing substantially equal work, and otherwise discriminate against those female employees because of their sex.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337. 1343 and 1345. This action is authorized and instituted pursuant Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements ofthe Equal Pay Act ofl963 ("EPA"). codified as Section 6(d) ofthe FLSA. 29 U.S.C. §206(d), and pursuant to Section 706(t) (1) and (3) ofTitle VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. §2000e-5(f)(I) and (3). This action is also authorized and instituted pursuant to Section 102 of the Civil Rights Act of 1991. 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina.
PARTIES 3. Plaintiff is the agency of the United States of America charged with the administration, interpretation and enforcement ofthe EPA and Title VII, and is expressly authorized to bring this action by Sections J6(c) and J7 ofthe FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 2781. and Public Law 98-532 (1984), 98 Stat. 2705, and by Sections 706(t)(l) and (3) ofTitle VII, 42 U,S,C, §2000e-5U)(l) and (3), 4. At all relevant times, Defendant Williams Electric Company, which maintains its principal place ofbusiness in Shelby, NC, has continuously been doing business in the State ofNorth Carolina and the City of Shelby, and has continuously employed at least 15 employees. 5. At all relevant times, Defendant Williams Electric Company has continuously been engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Defendant Williams Electric Company has acted directly or
2

indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times. Defendant Williams Electric Company has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and G)
8. At all relevant times, Defendant Pioneer Associates, Inc., a New Yark corporation. has maintained a place of business in Shelby, North Carolina, has continuously been doing business in the State of North Carolina and the City of Shelby, and has continuously employed at least 15 employees.
9. At all relevant times, Detendant Pioneer Associates, Inc. has continuously been engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b). (g) and (h).
10. At all relevant times, Defendant Pioneer Associates, Inc. has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
11. At all relevant times, Defendant Pioneer Associates, Inc. has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and 0).
STATEMENT OF CLAIMS 12. More than thirty days prior to the institution ofthis lawsuit, Angela Ragland and Tina Kitchens t1led charges with the Commission alleging violations of the FLSA and Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 13. Since at least 1998. Defendant Employers have engaged in unlawful employment
3
_._----------- ----_._._---_._---------

practices at their Augusta, Georgia, facility and other facilities in violation ofSections 703(a) ofTitle VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. §2000e-2(a), and Section 102 of the Civil Rights Act of 1991,42 1),S.c. § 1981 a. Specifically, Defendants subjected Angela Ragland, Tina Kitchens, and other similarly situated female employees who were employed as Flaggers to discrimination:
a. by (1) paying lower wages to the female Flaggers than it paid to the male Groundmen (i.e., by giving the Groundmen larger increa~es in pay), and (2) subjecting the female Flaggers to disparate terms and conditions of employment by refusing to allow them to work storm trips, based on their sex, in violation of Section 703(a)(I) ofTitie VII;
b. by engaging in a pattern and practice of classifying female employees as Flaggers and denying them equal opportunities for advancement within the company based on their sex; and
c. by denying female Flaggers reclassitication into Groundman positions thereby denying them equal opportunities for advancement within the company based on their sex. in violation of Section 703(a)(2) of Title VII.
14. The effect of the practices complained ofin paragraph 13 above has been to deprive Angela Ragland, Tina Kitchens, and other similarly situated female employees ofequal employment opportunities and otherwise adversely affect their status as employees because oftheir sex, female.
15. The unlawful employment practices complained ofin paragraph 13 above were, and are, intentional.
16. The unlawful employment practices complained ofin paragraph 13 above were. and
4

are, done with malice and/or with reckless indifference to the federally protected rights of Angela Ragland, Tina Kitchens, and a group of similarly situated female employees.
17. Since at leastl998, Defendant Employers have violated Sections 6(d)(1) and IS(a)(2) ofthe FLSA, 29 U.S.C. ~§ 206(d)(l) and 215(a)(2), by paying lower wages to the female Flaggers than it paid to the male Groundmen (i.e., by giving the Groundmen larger increases in pay) for substantially equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
18. As a result of the acts complained of in paragraph 17 above, Defendant Employers have unlawfully withheld, and are continuing to withhold, the payment of wages due to Angela Ragland, Tina Kitchens, and a group of similarly situated female employees.
19. The unlawful practices complained ofin paragraph 17 above were willful. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, their 0 ft1cers. successors, assigns, and all persons in active concert or participation with them, from subjecting employees to sex-based discriminatory job classifications and opportunities or any other employment practice that discriminates on the basis of sex. B. Grant a permanent injunction enjoining Defendant Employers, their oflicers. successors, assigns and all persons in active concert or participation with them, from discriminating within any of their establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which they pay wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill. dfort, and responsibility, and which are performed under similar working conditions.
5
--<>----_.- - -

C. Order Defendant Employers to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices.
D. Order Defendant Employers, jointly and severally, to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing appropriate lost wages with prejudgment interest, in amounts to be detemlined at triaL and other atllrmative relief necessary to eradicate the em:cts ofthe unlawful employment practices described in paragraphs 13 and 17 above.
E Order Defendant Employers, jointly and severally, to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraphs 13 and 17 above in amounts to be determined at trial.
F. Order Defendant Employers, jointly and severally, to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 13 and 17 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
G. Order Defendant Employers, jointly and severally, to pay Angela Ragland, Tina Kitchens, and a group ofsimilarly situated female employees, punitive damages for their intentionaL malicious and reckless conduct, as described above, in amounts to be determined at trial.
H. Grant a judgment requiring Detendant Employers to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages or prejudgment interest
6

in lieu thereof to employees whose wages are being unlawfully withheld as a result of the acts
complained of above, including but not limited to Angela Ragland, Tina Kitchens, and Carol Redd.
I. Grant such further relief as the Court deems necessary and proper in the public
interest.
1. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
-,rd
DATED this.2:L. day of September 2003.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
1itfG~+~N Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street. Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6870
,ATTORNEYS FOR PLAINTIFF

 </s> IN THE UNITED STATES DISTRICT COURT

FIL!O
1\.C::lr'.f!I.. · ,. ~1.C.

FOR THE WESTERN DISTRICT OF NORTH CAROLIN~03 DEC - B PH f' 36

ASHEVILLE DIVISION

.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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C CIVIL

ACTION

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Plaintiff,
v.
PIONEER ASSOCIATES, INC. d/b/a WILLIAMS ELECTRIC COMPANY,

)

Cfl-.' I

)

~::i. <-

) SECOND AMENDED COMii;AIN~

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JURY TRIAL DEMANDE~ :

Defendant.

)

----------------------------)

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963, Title VII ofthe Civil Rights Act of 1964 and Title I ofthe Civil Rights Act of 1991 to restrain the unlawful payment ofwages to employees of one sex at rates less than the rates paid to employees of the opposite sex, and under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex. This action seeks appropriate relief due to Angela Ragland, Tina Kitchens, and other similarly situated female employees who were adversely affected by unlawful practices. Plaintiff, the United States Equal Employment Opportunity Commission ("EEOC" or the "Commission"), alleges, as described with greater particularity in paragraphs 9 and 13 below, that Defendant Pioneer Associates, Inc. d/b/a Williams Electric Company ("Defendant") pays the female Flaggers at wage rates which are less than the rates paid to the male Groundmen performing substantially equal work, and otherwise discriminate against those female employees because of their sex.
JURISDICTION AND VENUE 1. lurisdictionofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant Sections 16(c) and 17 ofthe Fair Labor

Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements ofthe Equal Pay Act of 1963 ("EPA"), codified as Section 6(d) ofthe FLSA, 29 U.S.c. §206(d), and pursuant to Section 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. §2000e-5(f)(l) and (3). This action is also authorized and instituted pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina.
PARTIES 3. Plaintiff is the agency of the United States of America charged with the administration, interpretation and enforcement ofthe EPA and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 ofthe FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No.1 of 1978,92 Stat. 2781, and Public Law 98-532 (1984), 98 Stat. 2705, and by Sections 706(f)(1) and (3) of Title VII, 42 U.S.c. §2000e-5(f)(l) and (3). 4. At all relevant times, Defendant Pioneer Associates, Inc., a New York corporation, has maintained a place ofbusiness in Shelby, North Carolina, d/b/a Williams Electric Company, has continuously been doing business in the State of North Carolina and the City of Shelby, and has continuously employed at least 15 employees. 5. At all relevant times, Defendant Pioneer Associates, Inc. has continuously been engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Defendant Pioneer Associates, Inc. has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
2

7. At all relevant times, Defendant Pioneer Associates, Inc. has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and 0) of the FLSA, 29 US.C. §§ 203(b), (i) and 0).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution ofthis lawsuit, Angela Ragland and Tina Kitchens filed charges with the Commission alleging violations of the FLSA and Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least 1998, Defendant has engaged in unlawful employment practices at their Augusta, Georgia, facility and other facilities in violation ofSections 703(a) ofTitle VII ofthe Civil Rights Act of 1964, as amended (''Title VII"), 42 US.C. §2000e-2(a), and Section 102 ofthe Civil Rights Act of 1991,42 US.C. § 1981a. Specifically, Defendant subjected Angela Ragland, Tina Kitchens, and other similarly situated female employees who were employed as Flaggers to discrimination:
a. by (l) paying lower wages to the female Flaggers than it paid to the male Groundmen (i.e., by giving the Groundmen larger increases in pay), and (2) subjecting the female Flaggers to disparate tenns and conditions of employment by refusing to allow them to work stonn trips, based on their sex, in violation of Section 703(a)(1) of Title VII;
b. by engaging in a pattern and practice of classifying female employees as Flaggers and denying them equal opportunities for advancement within the company based on their sex; and
c. by denying female Flaggers reclassification into Groundman positions thereby denying them equal opportunities for advancement within the company based on their sex, in violation of Section 703(a)(2) of Title VII. 3

10. The effect ofthe practices complained of in paragraph 13 above has been to deprive Angela Ragland, Tina Kitchens, and other similarly situated female employees ofequal employment opportunities and otherwise adversely affect their status as employees because oftheir sex, female.
11. The unlawful employment practices complained ofin paragraph 9 above were, and are, intentional.
12. The unlawful employment practices complained of in paragraph 9 above were, and are, done with malice and/or with reckless indifference to the federally protected rights of Angela Ragland, Tina Kitchens, and a group of similarly situated female employees.
13. Since at least1998, Defendant has violated Sections 6(d)(l) and 15(a)(2) ofthe FLSA, 29 U.S.C. §§ 206(d)(I) and 215(a)(2), by paying lower wages to the female Flaggers than it paid to the male Groundmen (i.e., by giving the Groundmen larger increases in pay) for substantially equal work onjobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
14. As a result of the acts complained of in paragraph 13 above, Defendant has unlawfully withheld, and are continuing to withhold, the payment ofwages due to Angela Ragland, Tina Kitchens, and a group of similarly situated female employees.
15. The unlawful practices complained of in paragraph 13 above were willful. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, from subjecting employees to sex-based discriminatory job classifications and opportunities or any other employment practice that discriminates on the basis of sex.
4

B. Grant a pennanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from discriminating within any oftheir establishments between employees on the basis of sex, by paying wages to employees ofone sex at rates less than the rates at which they pay wages to employees of the opposite sex for substantially equal work on jobs the perfonnance of which requires equal skill, effort, and responsibility, and which are perfonned under similar working conditions.
C. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects oftheir past and present unlawful employment practices.
D. Order Defendant to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing appropriate lost wages with prejUdgment interest, in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of the unlawful employment practices described in paragraphs 9 and 13 above.
E. Order Defendant to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraphs 9 and 13 above in amounts to be detennined at trial.
F. Order Defendant to make whole Angela Ragland, Tina Kitchens, and a group of similarly situated female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained ofin paragraphs 9 and 13 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment oflife, humiliation, and loss of civil rights in amounts to be detennined at trial.
G. Order Defendant to pay Angela Ragland, Tina Kitchens, and a group of similarly situated female employees, punitive damages for their intentional, malicious and reckless conduct,
5

as described above, in amounts to be detennined at trial.
H. Grant a judgment requiring Defendant to pay appropriate back wages in amounts to
be detennined at trial and an equal sum as liquidated damages or prejudgment interest in lieu thereof
to employees whose wages are being unlawfully withheld as a result of the acts complained of
above, including but not limited to Angela Ragland, Tina Kitchens, and Carol Redd.
1. Grant such further relief as the Court deems necessary and proper in the public
interest.
J. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this ~ic..d.ay of November 2003.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
BOBBY C. SIMPSON Acting Regional Attorney
~~
Semor Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6870 ATTORNEYS FOR PLAINTIFF
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CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing Second Amended Complaint by depositing a copy thereof in an envelope bearing sufficient postage in the United States mail, addressed to the following persons at the following addresses which are the last known addresses to me:

John D. Cole, Esquire HAYNSWORTH BALDWIN
JOHNSON & GREAVES, LLC 400 West Trade Street Charlotte, North Carolina 28202-1627 Counsel for Defendant
This the~~ay of November 2003.

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

~~ By:

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Senior Trial Attorney

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IN THE UNITED STATES DISTRICT COURT

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c}IONEER ASSOCIATES, INC. d/b/a

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WILLIAMS ELECTRIC COMPANY, )

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Defendant.

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CIVIL ACTION NO. 1:03CV184
CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission") instituted this action

under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and Title I of the Civil

Rights Act of 1991. Pioneer Associates, Inc. ("Pioneer" or "Defendanf') denies it violated the EPA,

Title VII, Title I, or any other federal or state law,

The parties have advised this Court that they desire to resolve the allegations in the

Complaint without the burden, expense, and delay of further litigation.

It is therefore the finding ofthis Court, made on the pleadings and the record as a whole, that:

(1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose

and provisions ofthe EPA and Title VII will be promoted and effectuated by the entry ofthe Consent

Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in

paragraphs 1 through 13 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant shall not discriminate against individuals in violation of the EPA or Title

VII, and specifically shall not pay lower wages to female employees than it pays to male employees

for substantially equal work on jobs, the performance of which requires equal skill, effort, and

responsibility, and which are performed under similar working conditions, or by subjecting female employees to disparate terms and conditions of employment, or by denying female employees reclassification into other positions.
2. Defendant shall not discriminate or retaliate against any employee (a) because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to the EPA, or has testified or is about to testify in any such proceeding, or (b) because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge or anticipated filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the foregoing statute.
3. Defendant shall issue checks payable as follows: to Angela Ragland, the sum ofTen Thousand Eight Hundred Eighty-Seven Dollars ($10,887.00) minus standard tax and other required deductions; to Tina Kitchens, the sum of Nine Thousand Sixty-Eight Dollars ($9,068.00) minus standard tax and other required deductions; to Carol Redd, the sum ofEight Thousand Nine Hundred Fifteen Dollars ($8,915.00) minus standard tax and otherrequired deductions; and to Debra Morgan, the sum of Six Hundred Fifty-Six Dollars ($656.00) minus standard tax and other required deductions. Payment shall be made within ten (10) days after the Court enters this Consent Decree by mailing the certified checks to each individual at addresses to be provided by the Commission. Within ten (10) days after the certified checks have been sent, Defendant shall mail to the Commission copies of the checks and proof of the delivery of the checks to the individuals at the addresses provided by the Commission.
4. During the term of this Decree, Defendant shall provide a training program on the federal equal employment opportunity laws to all managers and supervisors of Williams Electric Company. The training program shall include an explanation of the requirements of the federal
2

equal employment opportunity laws, including the EPA and its prohibition against payment ofwages based on sex, Title VII and its prohibition against sex discrimination in the workplace, including disparate terms and conditions of employment based on sex, and its prohibition against retaliation. The training program shall also cover an explanation ofthe rights and responsibilities ofemployees and managers under the policy.
The training program shall be completed within ninety (90) days after entry of the decree by the Court. Within thirty (30) days after completion of the training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all managers and supervisors in attendance.
5. Defendant also agrees to eliminate from the employment records of Angela Ragland, Tina Kitchens and Carol Redd any and all documents and entries relating to the facts and circumstances which led to the filing of the EEOC charge of discrimination and the related events that occurred thereafter, including the filing of this lawsuit. Defendant also agrees to provide a neutral letter of reference, a copy of which is attached hereto for the following individuals: Angela Ragland; Tina Kitchens; and Carol Redd. In addition, if Defendant receives any inquiries regarding the employment of any of the aforementioned individuals, Defendant shall provide a copy of the letter.
6. Within ninety (90) days of the entry of this decree by the Court, Defendant shall modify its existing written anti-discrimination policy. The revised policy shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including the EPA and its prohibition against payment of wages based on sex; Title VII and its prohibition against sex discrimination in the workplace, including disparate treatment in the terms and conditions of employment on the basis of sex; and a procedure for
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complaining about discrimination. Defendant shall distribute to each current full and part-time employee a copy of the policy within the aforementioned ninety (90) day time period. During the term of this Decree, Defendant shall distribute the policy to all new employees at the time of hire.
7. During the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, in the Williams Electric Company facility in Shelby, North Carolina, in a place where it is visible to employees. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
8. During the term of this Consent Decree, Defendant will provide the Commission with reports at six (6) month intervals, with the first being due four (4) months after approval by the Court of this Decree. The reports shall include the following information:
(a) the identities of all of Defendant's employees who have complained of or reported alleged discrimination under Title VII or the EPA, including by way of identification each individual's full name, home address, home telephone number, and gender; a statement of the individual's complaint, and a description of what action was taken in response to the individual's complaint;
(b) the identities of all individuals employed by Defendant as a Groundman or Flagger during the reporting period, including by way of identification each individual's full name, home address, home telephone number, gender, and rate of pay;
(c) the identities of all individuals Defendant who applied for the position of Groundman during the reporting period, including by way of identification each
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-

individual's full name, home address, home telephone number, gender, whether hired and if so, job classification; and (d) a list of the location and date(s) of all out of town emergency storm work performed by Defendant during the reporting period, and the identities of all Defendant employees who worked said storm trips, including by way of identification each individual's full name, gender and job classification. 9. Defendant agrees that the Commission may review compliance with this Decree. 10. If at any time during the term of this Decree, the Commission believes that Defendant is in violation of this Decree, the Commission shall give written notice of the alleged violation to Defendant. Defendant then shall have twenty (20) days in which to investigate and respond to the allegations. Thereafter, the parties shall have a period of twenty (20) days, or such additional period as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such allegations, before the Commission exercises any remedy provided by law. 11. Each party shall bear its own costs and fees. 12. The term of this Decree shall be for one (1) year from its entry by the Court. 13. This Court shall retain jurisdiction of this cause for the term of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate. The Commission is filing an order dismissing with prejudice the above captioned matter simultaneously herewith.

I /-17- QLf
Date

LACY H. THORNBURG UNITED STATES DISTRICT COURT JUDGE

5

tl ' r-- '- The parties jointly request that the Court approve and enter the Consent D cree:
This the V..a.e,y of~he/ 2004. This the 1IL day of 0c/ef,Y.,IOer2004.

:7

Senior Tria Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6780 Counsel for Plaintiff

JAMES B. SPEARS, Esq. JOHN . COLE, Esq. OGLE REE DEAKINS NASH
S~AK & STEWART, P.C. Fe al Plaza Building 40 est Trade Street Charlotte, North Carolina 28202 Telephone: 704.342.2588 Facsimile: 704.342.4379 Counsel for Defendant

6

-
EMPLOYEE NOTICE
Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual's race, color, religion, sex, national origin, age (40 or older) or disability. Federal law also prohibits retaliation against employees because they have opposed unlawful employment discrimination, participated in employment discrimination proceedings, or otherwise asserted their rights under the laws enforced by the EEOC.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits sex discrimination or retaliation against any employee in all aspects of employment including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits.
The Equal Pay Act of 1963 is a federal law which prohibits wage discrimination on the basis of sex for equal work onjobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.
Pioneer Associates, Inc. supports and will continue to comply with such federal law in all respects. Pioneer Associates will continue not to take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose offiling a charge ofemployment discrimination. To locate the nearest field office, contact:
Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820
APPENDIX A

Williams Electric Company
2119 E. DIxon Blvd., P.O. SoX' 2367, Shelby, North Carolina 28151-2367 Telephone 704/484-1881 • Fiilx 704/480·9326 • Email weco_she/by@bellsouth.net
November 9~ 2004 To Whom It May Concern: Re: Angela Ragland Williams Electric Company employed Angela Ragland as a Flagger from April 20, 1998
to January 11, 2001. Ms. Ragland earned $9.00 per hour. Ms. Ragland left the employ ofWi1liatnS Electric Company to pursue other opportunities.
Sincerely,
RickFaUs ViC&-President. Williams Electric Company

WiUiams Electric Company
2119 E. DIxon Blvd" P.O. Box 2387, Sh.,bYI Norfh Carolina 28151-2367
Telephone 704/484-1881 • Fax 704/480·9326 • Email weoo...shelby@b.fI.oufh.net
November 9, 2004
To \Vhom It May Concern:
Re: Carol Redd Williams Electric Company employed Carol Rood ~ a Flagger from June 22, 1998 to January 1L 2001. Ms. Redd earned $9.00 per hour. Ms. Redd left the employ of Williams Electric C<>mpany to pursue other opportunities.
Sincerely,
;f~( l.fA:,
Rick Falls Vice-President, Williams Electric Company

Williams Electric Company
2119 E. Dixon Blvd., P.O, Box 2367, Shelby. North Cafollna 28151·2367 Telephone 704/484·1881 • Fax 704/480-9326 • Email weco.shelby@bellsouth,net
November 9,2004 To Whom It May Concern:
Re: Tina Kitchens
Williams Electric Company employed Tina Kitchens as a Flagger:from January 18, 1999
to January 11~ 2001. Ms. Kitchens earned $9.00 per hour. Ms. Kitchens left the employ ofWilliams Electric Company to pursue other opportunities.
Sincerely,
~~(l~
Rick Falls Vice-President, Williams Electric Company

jhg United States Dist ct Court
for the western District of North Carolina
November 17, 2004
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:03-cv-00184
True and correct copies of the attached were mailed by the clerk to the following:
John D. Cole, Esq. Ogletree, Deakins, Nash, Smoak & Stewart, PC 400 West Trade St. Federal Plaza Bldg. Charlotte, NC 28202
James B. Spears Jr., Esq. Ogletree, Deakins, Nash, Smoak & Stewart, PC 400 West Trade St. Federal Plaza Bldg. Charlotte, NC 28202
Kara L. Gibbon Haden, Esq. Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202
Bobby C. Simpson, Esq. Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202

cc: Judge Magistrate Judge U.S. Marshal
Probation U.S. Attorney Atty. for Deft.
Defendant Warden
Bureau of Prisons
Court Reporter Courtroom Deputy
Orig-Seeurity Bankruptcy Clerk's Ofe.

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( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( )
( )

Date :"7kv, )72-coY J

Frank G. Johns, Clerk
BY:~~
-DePuty Clerk

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CLOSED, REFUSE
U.S. District Court Western District of North Carolina (Asheville) CIVIL DOCKET FOR CASE #: 1:03-cv-00184-LHT

EEOC v. Williams Electric Co, et al Assigned to: Lacy Thornburg Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 07/29/2003 Date Terminated: 11/17/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Bobby C. Simpson Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara Gibbon Haden Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202 704.344.6887 Fax: 704.344.6780 Email: kara.haden@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Williams Electric Company
Defendant Pioneer Associates, Inc. doing business as Williams Electric Company

represented by James B. Spears, Jr Ogletree, Deakins, Nash, Smoak & Stewart, PC Charlotte Plaza 201 South College Street Suite 2300 Charlotte, NC 28244 704-342-2588 Fax: 704-342-4379 Email: jim.spears@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Doughty Cole Ogletree, Deakins, Nash, Smoak & Stewart, PC Charlotte Plaza 201 South College Street Suite 2300 Charlotte, NC 28244 704-342-2588 Fax: 704-342-4379 Email: john.cole@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James B. Spears, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Doughty Cole (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
07/29/2003 07/29/2003

#

Docket Text

1 COMPLAINT (jhg) (Entered: 07/31/2003)
Consent to Trial by Magistrate Form given by Charlotte Clerk to counsel of record (jhg) (Entered: 07/31/2003)

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08/07/2003 09/23/2003
09/23/2003 09/23/2003 09/25/2003 09/25/2003 10/31/2003 11/20/2003 12/02/2003 12/08/2003 12/08/2003 12/08/2003
12/22/2003 02/12/2004 02/18/2004 02/19/2004 02/19/2004
06/30/2004 11/17/2004 11/17/2004

2 NOTICE of Substitution of Counsel terminating attorney Mindy E. Weinstein for EEOC and substituting Bobby C. Simpson (ejb) (Entered: 08/13/2003)
3 AMENDED COMPLAINT by EEOC (Answer due 10/6/03 for Pioneer Assoc Inc, for Williams Elec Co ) amending [1-1] complaint and jury trial demand (jhg) (Entered: 09/25/2003)
3 Jury Demand by plaintiff EEOC included in the Amended Complaint (jhg) (Entered: 09/25/2003)
4 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - refusal (jhg) (Entered: 09/25/2003)
5 CASE reassigned to Judge Lacy H. Thornburg - notice of reassignment mailed to parties. (jhg) (Entered: 09/25/2003)
CASE REFERRED to Judge Max O. Cogburn Jr. (jhg) (Entered: 09/25/2003)
6 WAIVER OF SERVICE Returned Executed as to Pioneer Assoc Inc 9/23/03 Answer due on 11/24/03 for Pioneer Assoc Inc (jhg) (Entered: 11/06/2003)
7 MOTION by EEOC to Amend [1-1] complaint referred to: Magistrate Judge Max O. Cogburn Jr. (jhg) (Entered: 11/24/2003)
Case file sent to Mag. Judge Cogburn (ejb) (Entered: 12/02/2003)
Case file returned to clerk's office (jhg) (Entered: 12/12/2003)
8 ORDER granting [7-1] motion to Amend [1-1] complaint ( signed by Magistrate Judge Max O. Cogburn Jr. ) [EOD DATE: 12/12/03] (jhg) (Entered: 12/12/2003)
9 SECOND AMENDED COMPLAINT by EEOC (Answer due 12/22/03 for Pioneer Assoc Inc, for Williams Elec Co ) amending [3-1] amended complaint by EEOC, [1-1] complaint (jhg) (Entered: 12/12/2003)
10 ANSWER to Complaint by Pioneer Assoc Inc, Williams Elec Co (jhg) (Entered: 12/30/2003)
11 Certificate of I.A.C. and Discovery Plan by plaintiff EEOC & defendants Williams Elec Co & Pioneer Assoc Inc (ejb) (Entered: 02/18/2004)
Case file sent to Judge Thornburg (ejb) (Entered: 02/18/2004)
Case file returned to clerk's office (jhg) (Entered: 02/23/2004)
12 INITIAL PRETRIAL ORDER Discovery deadline is 10/15/04 Motion filing deadline is 11/15/04 Mediation due: 11/5/04 Jury Trial set for 1/3/05 before Judge Lacy H. Thornburg ETT: 5 days ( signed by Judge Lacy H. Thornburg ) (jhg) (Entered: 02/23/2004)
CASE NO LONGER REFERRED TO Magistrate Judge Max O. Cogburn Jr. (pdf) (Entered: 07/01/2004)
13 (Consent Decree) ORDER ( signed by Judge Lacy H. Thornburg ) [EOD DATE: 11/19/04] (jhg) (Entered: 11/19/2004)
14 ORDER, Dismissing the above-captioned matter with prejudice ( signed by Judge Lacy H. Thornburg ) [EOD DATE: 11/19/04] (jhg) (Entered: 11/19/2004)

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11/17/2004

Case closed (jhg) (Entered: 11/19/2004)

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[CONTENT] July 2003 | Charlotte | EEOC | Pioneer Associates Inc. | District Court | the Western District | North Carolina ||| 1 | Groundsmen | 2 | 3 | 4 | Groundsman ||| Title VII of the Civil Rights Act | 1964 | the Equal Pay Act ||| November 2004 ||| one year | 29,526 | EEOC | EPA | Title VII [SUMMARY] In July 2003, the Charlotte office of the EEOC brought this suit against Pioneer Associates Inc. d/b/a Williams Electric Company in the U.S. District Court for the Western District of North Carolina.  The complaint alleged that the defendant discriminated against the claimants by: 1) paying lower wages to female Flaggers than male Groundsmen, 2) refusing to allow female Flaggers to work storm trips because of their sex, 3) engaging in a pattern or practice of classifying female employees to Flaggers thus denying them equal opportunity for advancement, and 4) refusing to requalify female employees into the Groundsman position.  These actions were alleged violations of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The case settled by entry of a consent decree in November 2004.  

The one year consent decree required the defendant to refrain from discrimination and retaliation, expunge the claimant's records, give the claimants neutral references, pay the claimants $29,526 in damages, modify its written anti-discrimination policy, distribute the policy, post notice, and give the EEOC semi-annual reports of any complaints of discrimination under the EPA or Title VII.

