TERRENCE W. BOYLE, District Judge.
The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission's Complaint alleged Defendant Newport News Industrial Corporation ("Defendant") discriminated against Julia Horton by discharging her in retaliation for complaining about being subjected to a hostile work environment based on her gender (female). Defendant denies the allegations made by the Commission and further denies any wrongdoing or liability. Likewise, in entering into this Consent Decree the Commission does not disavow the allegations in its Complaint.
The Commission and the Defendant hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
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 of this 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 of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
1. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding, or hearing under Title VII.
2. Defendant shall pay Julia Horton the sum of sixty-five thousand dollars ($65,000.00) for settlement of the claims raised in this action. Defendant shall issue two separate checks made payable to "Julia Horton" as follows: 1) one check representing compensatory damages in the amount of forty-three thousand two hundred seventy-six dollars ($43,276.00), which shall be reported in an IRS form 1099 Miscellaneous Income Statement; and 2) a separate payroll check in the amount of twenty-one thousand seven hundred twenty-four dollars ($21,724.00) minus standard income withholdings consistent with the last W-4 form completed by Ms. Horton during her employment. Payment shall be made within ten (10) days after the Court approves this Consent Decree, and Defendant shall mail both checks to Ms. Horton at an address to be provided by the Commission. Within ten (10) days after the checks have been sent, Defendant shall send to the Commission a copy of each check and proof of delivery to Ms. Horton. Neither the Commission nor Defendant make any representations, or assume any responsibility for any tax liability, assessments, interest, penalties, and/or costs that Ms. Horton may or may not incur on such payments under local, state, and/or federal law.
3. Defendant hereby certifies that its employment records for Julia Horton do not contain any documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 430-2011-01427 and the related events that occurred thereafter, including this litigation. Within ten (10) days of the entry of this Consent Decree by the Court, Defendant shall change all of Julia Horton's personnel records to reflect that the reason for her separation of employment was that she "quit." Within fifteen (15) days of the entry of this Decree by the Court, Defendant shall report it has complied with this provision to the Commission.
4. Defendant shall provide Julia Horton with a letter of reference in the form attached as Exhibit A. Within ten (10) days of the entry of this Decree by the Court, the original, signed letter of reference shall be provided to Ms. Horton at an address to be provided by the Commission. Ms. Horton is free to disseminate the letter to potential employers. Defendant agrees that if it receives any inquiry about Ms. Horton from a potential employer, it will provide only the information set forth in the letter of reference in response.
5. Defendant has in place a Workplace Harassment policy, which prohibits retaliation against individuals who oppose conduct based on a protected status. The policy is attached hereto as Exhibit B.
6. During the term of this Decree as defined in paragraph 13, Defendant shall post a copy of the current or revised policy described in paragraph 5, supra, in each of its facilities in a place where it is visible to employees. Specifically, Defendant will place a copy of the policy in two locations which are 182 Enterprise Drive, Newport News, VA, 23603 (Defendant's Oakland Park facility) and 11850 Jefferson Avenue, Newport News, VA 23606 (Defendant's Oyster Point facility). If any policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within forty-five (45) days of the entry of this Decree, Defendant shall post the current policy and report its compliance with this provision to the Commission.
7. Defendant certifies that it requires its managers and supervisors to take mandatory web-based EEO/anti-harassment training annually, and that the most recent training was concluded on March 31, 2015. Within forty-five (45) days after the entry of this Decree, Defendant will provide the Commission with a list of all managers and supervisors who attended the most recent training. During the term of this Decree, Defendant shall continue to provide an annual training program to all of its managers, supervisors, and employees. Each training program shall include an explanation of the requirements of Title VII, and specifically, its prohibition of retaliation in the workplace. Said training program shall also include an explanation of Defendant's policy referenced in paragraph 5, above, and an explanation of the rights and responsibilities of employees and managers under the policy and shall be completed by March 31, 2016. At least fifteen (15) days prior to each program, Defendant shall submit to the Commission an agenda for the training program by electronic mail sent to
8. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit C and hereby made a part of this Decree, in a place where it is visible to all employees. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, Defendant shall notify the Commission that the Notice has been posted pursuant to this provision.
9. Reporting provision.
Defendant agrees that within seventy-two (72) hours of a request by the Commission for further information about an employee covered under this paragraph Defendant shall provide social security numbers, and last known addresses and telephone numbers for employees identified in response to paragraph 9.B, above.
In the event there is no activity to report pursuant to this paragraph, Defendant shall send the Commission a "negative" report indicating no activity.
10. The Commission may review Defendant's compliance with this Decree. As part of such review, the Commission may inspect Defendant's facilities, interview employees, and examine and copy documents. Due to Defendant's strict security protocols requiring visitors to obtain security clearance before entering Defendant's facilities, Defendant agrees to grant security clearance to a designated commission representative "(Designated Representative") for the purpose of reviewing Defendant's compliance with this Decree.
11. The Commission's Designated Representative may, upon forty-eight (48) hours' notice to Defendant's EEOC representative, Chavis Harris via e-mail at
12. If at any time during the term of this Decree, the Commission believes Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have twenty (20) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
13. The term of this Decree shall be three (3) years from its entry by the Court.
14. All reports or other documents sent to the Commission by Defendant pursuant to this Consent Decree shall be sent by electronic mail to: (1)
15. Each party shall bear its own costs and attorney's fees.
16. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.
The parties jointly request that the Court approve and enter this Consent Decree.
To Prospective Employers of Julia Horton:
Julia Horton was employed by Newport News Industrial Corporation as a Planner from September 27, 2010 through December 2, 2010. During her tenure, Ms. Horton worked at the Brunswick Nuclear Power Plant in Southport, NC, operated by Progress Energy (now operated by Duke Energy). At the time of her separation, Ms. Horton's pay was $35.00 per hour, plus a per diem of $95.00 per day.
1. This Notice is posted pursuant to an agreement between the U.S. Equal Employment Opportunity Commission and Newport News Industrial Corporation ("NNI").
2. 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, or because they gave testimony, provided assistance in, or participated in an employment discrimination investigation, proceeding, or hearing, or otherwise asserted their rights under the laws enforced by the EEOC.
3. NNI will comply with such federal laws in all respects. Furthermore, it will not 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 of filing a charge of employment discrimination. To locate the nearest field office, contact:
This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission. DO NOT REMOVE THIS NOTICE UNTIL: ____________________, 2018.
