Legg, Judge Benson Everett

English

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
12-14-2007 
EEOC v. Coca-Cola Enterprises Inc. d/b/a Mid-Atlantic Coca-Cola 
Bottling Company 
Judge Benson Everett Legg 
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EEOC v. Coca-Cola Enterprises Inc. d/b/a Mid-Atlantic Coca-Cola Bottling 
Company 
Keywords 
EEOC, Mark Mason, Coca-Cola Enterprises Inc. d/b/a Mid-Atlantic Coca-Cola Bottling Company, 
1:04-cv-03128-BEL, Consent Decree, Disparate Treatment, Promotion, Race, Retail, Employment Law, Title 
VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/354 
Case1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 1 of 5 Case1:04-cv-03128-BEL Document 23 Filed 12/11/2007 P3ge 1 oT5 
FILED 
«.S.DISTRICT COURT 
IN f HE UNITEDSTATES DISTRICT COURT 
CLERK'S OFFICE 
U.S. EQUAL EMPLOYMENX-MTIH0RE § 
OPPORTUNITY COMMISSION, § 
BT DEPUTY « § 
Plaintiff. 
§ Civ. Action No. 1:04CV3128 (BEL) 
v. § 
COCA-COLA ENTERPRISES INC. d/b/a g 
MID-ATLANTIC COCA-COLA § 
BOTTLING COMPANY. § 
§ 
Defendant. § 
CONSENT DECREE NUNC PRO TUNC 
This action was instituted by Plaintiff, the U.S. Equal Employment Opportunity 
Commission (the "EEOC" or the "Commission"), against Defendant Coca-Cola Enterprises Inc. 
("Defendant" or "CCE") alleging violations of Section 703(a) of Title VII of the Civil Rights 
Act of 1964 ("Title VII"). as amended, 42 U.S.C. § 2000e-2(u). The complaint alleges that 
Defendant violated Title VII by failing to promote Charging Party Mark Mason to a grade 15 
managerial position because of his race. 
The Commission and Defendant desire to resolve this action without the time and 
expense of continued litigation, and they desire to formulate a plan to be embodied in a Decree 
which will promote and effectuate the purposes of Title VII. 
This Decree shall not constitute an adjudication on the merits of the Commission's case 
and shall not be construed as an admission by Defendant of any discriminatory practice or as a 
waiver by the Commission of any contentions of discrimination. 
The Court has examined this Decree and finds that it is reasonable and just and in 
Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 2 of 5 
Case 1:04-cv-03128-BEL Document 23 Filed 12/11/2007 Page 2 of 5 
accordance with the Federal Rules of Civil Procedure and Title VII. Therefore, upun due 
consideration of the record herein and being fully advised in the premises, il is hereby 
ORDERED, ADJUDGED AND DECREED: 
1. This Decree resolves all issues and claims alleged in the Complaint filed by the 
Commission in this Title VII action which emanated from the Charge of Discrimination filed by 
Mark Mason. 
2. This Decree shall be in effect for a period of ihree years from the date it is entered 
by the Court. 
3. Defendant, its officers, agents, servants, employees, successors, assigns, and all 
persons acting or claiming to act on its behalf, is hereby enjoined from violating Title VII with 
regard to the promotion of its employees. Discrimination with regard to promotions violates 
Title VII. which, in part, is sel forth below; 
ll shall be an unlawful employment practice for an 
employer -
( I > ... to discriminate against any individual with respect to [his or 
her| ... terms, conditions, or privileges of employment, because of 
such individual's race, color, religion, sex, or national origin ... 
42U.S.C. § 2000e-2(a)( 1). 
4. Mark M;ison will remain in his current position with CCE with no change in his 
duties and responsibilities however, effective June I, 2005 the position occupied by Mr. Mason 
will be elevated to a grade 15 position and Mr. Mason will be promoted from a grade 13 to a 
grade 15 designation. For seniority considerations only, if and when Mr. Mason applies for other 
positions within CCE. Mr. Mason's grade 15 employment status will be deemed to be retroactive 
to January 2001. 
Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 3 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 12/11/2007 Page 3 of 5 
5. Effective June 1, 2005, commensurate with Mr. Mason's grade 15 promotion, Mr. 
Mason's salary will be increased prospectively to an effective rate of $52,800 per annum; his title 
will become Bottle/Can Install Manager; and Mr. Mason will be supervised exclusively by CCE 
employees with a higher grade than his. 
6. For purposes of CCE's Management Incentive Plan ("M1P") only. Mark Mason's 
grade 15 promotion will be deemed retroactive to January 1. 2005, and he will be eligible to 
participate in the MIP bonus plan upon the same terms and conditions as other similarly situated 
grade 15 employees. 
7. Within thirty 00 ) days after entry of this Decree, Defendant will pay to Mark 
Mason the gross amount of Forty-Three Thousand and No/100 ($43,000.00) Dollars less an 
appropriate withholding for income, payroll and employment taxes, which amount represents 
back pay (wages and bonus) and interest thereon. 
8. Within thirty (30) days after entry of this Decree, Defendant will pay to Mark 
Mason the gross amount of Seventeen Thousand Five Hundred and No/100 ($17,500.00) Dollars, 
which amount represents compensatory damages and attorney fees for the services provided to 
Mr. Mason by his private counsel. 
9. Within sixty (60) days after the entry of this Decree. Defendant will provide at 
least two (2) hours of training for all managers above the grade 15 level in the 
Baltimore/Washington Cooler Service Department, The training will focus on complying with 
federal anti-discrimination laws, including but not limited to Title VTJ, and on Defendant's own 
anti-discrimination policies and procedures. Within seven (7) business days after the training has 
been completed. Defendant will provide certification to Commission counsel of record that such 
Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 4 of 5 
Case 1:04-cv-03128-BEL Document 23 Filed 12/11/2007 Page4of5 
training has been provided, including the date[s] and location's] of the training, and the identities 
of the trainers and trainees. 
10. Within ten (10) business days alter entry ol the Consent Decree, Defendant will 
post immediately in all places where notices to employees customarily are posted at Defendant's 
Hanover, Maryland, facility the Notice attached hereto as Exhibit A and made a part hereof. 
Said Notice shall be posted and maintained for the life of the Consent Decree and shall be signed 
by a responsible management official with the date of actual posting shown thereon. Should the 
Notice become defaced, marred, or otherwise made unreadable. Defendant will ensure that new, 
readable copies of the Notice are posted in the same manner as heretofore specified. Within 
thirty (30) days after entry of this Decree. Defendant shall forward to the EEOC's attorney of 
record a copy of the signed Notice attached hereto and written confirmation that the Notice 
referenced herein has been posted and a statement of the locations and dale(s) of posting. 
Subject to these provisions and this Court's jurisdiction to enforce the provisions of this 
Consent Decree, it is further 
ORDERED that this case shall be and hereby is dismissed with prejudice, with the 
Commission and Defendant each bearing their own costs and attorneys' fees. It is further 
ORDERED that this Consent Decree is entered nunc pro tunc as of May 23, 2005, the 
date it was originally electronically filed. 
^JJjUfuLi. /%&? D a t e : 1 ^ By: (^&*~w~ t ^ C V " 
Benson Everett Legg^r 
Chief Judge 
Case 1:04-cv-03128-BEL ^Document 24 Filed 12/17/07 Page 5 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 12/11/2007 Page 5 of 5 
The undersigned counsel of record i 
behalf of their respective clients, to the enli 
FOR DEFENDANT: 
M 
Christopher H. Steger 
MILLER & MARTIN. PLLC 
Suite I0CXJ Volunicer Building 
832 Georgia Avenue 
Chattanooga, TN 37402 
Telephone: (423) 756-6600 
Fax: (423) 785-8480 
(signed by Maria Morocco 
with permission of 
Christopher Stegcr) 
the above-caplioned action hereby consent, on 
of the foregoing Consent Decree. 
FOR PLAINTIFF: 
M 
Gerald S. Kiel 
Regional Attorney 
(signed by Maria Morocco with 
permission of Gerald Kiel) 
M 
Debra M. Lawrence 
Supervisory Trial Attorney 
(signed by Maria Morocco with 
permission of Debra Lawrence) 
1st 
Maria Luisa Morocco 
Trial Attorney 
Federal Bar No. 24357 
Supervisory Trial Attorney 
U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION 
Baltimore District Office 
10 S. Howard Street, 3d Floor 
Baltimore. Maryland 21201 
Phone: (410)962-4260 
Fax: (410)962-4270 


EEOC v. Coca-Cola Enterprises Inc. d/b/a Mid-Atlantic Coca-Cola Bottling Company

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1353&amp;context=condec

EEOC v. Coca-Cola Enterprises Inc. d/b/a Mid-Atlantic Coca-Cola Bottling Company

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