Britt, Judge W. Earl

English

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
3-14-2003 
Equal Employment Opportunity Commission, Plaintiff, and Royal 
J. Katzenberger, Plaintiff-Intervenor, v. Sampson-Bladen Oil Co., 
Inc. Defendant. 
Judge W. Earl Britt 
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Equal Employment Opportunity Commission, Plaintiff, and Royal J. Katzenberger, 
Plaintiff-Intervenor, v. Sampson-Bladen Oil Co., Inc. Defendant. 
Keywords 
Equal Employment Opportunity Commission, Royal J. Katzenberger, Sampson-Bladen Oil Co. Inc., 
5:02-CV-129-BO(3), Consent decree / Settlement, Disparate Treatment, Termination, Terms and 
Conditions, HIV infection, Utilities, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/166 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 1 of 8 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
Plaintiff, 
and 
ROYAL J. KATZENBERGER, 
Plaintiff-Intervenor, 
v. 
SAMPSON-BLADEN OIL CO., INC. 
Defendant. 
FILED 
DA\nWow^tua£E 
US DISTRICT COURT, EDMC 
CIVIL ACTION NO. 
5:02-CV-129-BO(3) 
CONSENT DECREE 
The United States Equal Employment Opportunity Commission (the "Commission") 
instituted this action to enforce Title I of the Americans with Disabilities Act, 42 U.S.C. §12101, 
et seq. (the "ADA"). Thereafter, Royal J. Katzenberger (the "Intervenor") intervened, alleging 
violations of the ADA and of state law. Defendant, Sampson-Bladen Oil Co., Inc., (the 
"Defendant"), denies violating the ADA or state law in any manner. 
The Commission, the Intervenor, 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 
Commission's Complaint and the Intervernor's Complaint without the burden, expense, and 
delay of further litigation. 
V$ 
# 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 2 of 8 
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 the ADA 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 18 below. 
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 
1. Defendant shall not engage in any employment practice which unlawfully 
discriminates against any employee under the ADA or disclose confidential information 
concerning its current or former employees' medical condition(s) or history(ies). 
2. Defendant shall not discriminate or retaliate against any person because of 
opposition to any practice made unlawful under the ADA, Title VII of the Civil Rights Act of 
1964 or the Equal Pay Act of 1963, or because of the filing of a charge, the giving of testimony 
or assistance, or the participation in any investigation, proceeding or hearing under any of the 
foregoing statutes. 
3. Defendant shall compensate Royal J. Katzenberger in settlement of the claims 
raised in this action the sum of twenty seven thousand five hundred dollars ($27,500.00) in 
damages and ten thousand dollars ($10,000) in attorney fees. The total amount of thirty seven 
thousand five hundred dollars ($37,5000.00) shall be paid as follows. Within ten (10) days after 
the Court approves this Consent Decree, Defendant shall mail a check for twenty three thousand 
seven hundred fifty dollars ($23,750.00) jointly payable to Royal J. Katzenberger and Mitchell 
Brewer Richardson Adams Burge & Boughman to Mitchell Brewer Richardson Adams Burge & 
Boughman, P.O. Box 2917, Fayetteville, NC 28302. Within ten (10) days after the check has 
been mailed to Mitchell Brewer Richardson Adams Burge & Boughman, Defendant shall mail to 
2 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 3 of 8 
Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West 
Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery. On 
or before January 10, 2004, Defendant shall mail a check for thirteen thousand seven hundred 
fifty dollars ($13,750.00) payable jointly to Royal J. Katzenberger and Mitchell Brewer 
Richardson Adams Burge & Boughman to Mitchell Brewer Richardson Adams Burge & 
Boughman, P.O. Box 2917, Fayetteville, NC 28302. Within ten (10) days after the check has 
been mailed to Mitchell Brewer Richardson Adams Burge & Boughman, Defendant shall mail to 
Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West 
Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery. 
4. Defendant agrees to eliminate from the employment records of Royal J. 
Katzenberger any and all documents and entries relating to the facts and circumstances which led 
to the filing of this action. Defendant further agrees to provide neutral employment references 
for Royal J. Katzenberger. 
5. Defendant agrees to develop and adopt a written policy prohibiting employment 
discrimination on the basis of disability. The policy shall, at a minimum, describe the 
requirements of the ADA, including: (1) the ADA's prohibition of discrimination against 
qualified disabled employees or applicants for employment with respect to hiring, promotion, 
termination, compensation, and other terms, conditions or privileges of employment; (2) the 
ADA's prohibition of disclosing confidential information concerning employees' medical 
condition(s) or history(ies); and (3) the ADA's requirement that employers provide reasonable 
accommodation to disabled employees. The policy shall further describe the procedure by which 
employees may request an accommodation. 
3 
. Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 4 of 8 
6. Within ninety (90) days of the Court's entry of the Consent Decree, Defendant 
shall distribute the policy adopted pursuant to Paragraph 5 above to all of its employees, 
supervisors, and managers. Thereafter, Defendant shall distribute the policy to its new 
employees, supervisors, and managers within thirty (30) days of the commencement of their 
employment. 
7. Defendant agrees to provide training on the policy described in Paragraph 5 to its 
current employees, supervisors, and managers within ninety (90) days of the entry of the Consent 
Decree, Defendant further agrees to provide training on the requirements of the ADA to each 
newly hired employee, supervisor, and manager within thirty (30) days of the commencement of 
his or her employment. 
8. Defendant shall verify to the Commission within 120 days of the entry of the 
Consent Decree that it has established an ADA training program for its employees. Defendant 
shall further verify within 120 days of the entry of the Consent Decree that it has conducted the 
training described in Paragraph 7 above for its existing employees and for any new employees 
hired within that 120 day period. As part of this verification obligation, Defendant shall report to 
the Commission the topics covered in that training and verify that all employees attended the 
training. 
9. During the term of this Decree, Defendant agrees to post continuously its ADA 
policy(ies) on its employee bulletin boards or other locations conspicuous to its employees at 
each of its North Carolina facilities. 
10. For twelve (12) months following the date of entry of the Consent Decree, 
Defendant shall provide the Commission with semi-annual reports, with the first report being due 
four (4) months after entry of the Consent Decree. Defendant shall provide the Commission with 
4 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 5 of 8 
the second report six (6) months thereafter. The reports shall contain the following information 
regarding each employee whose terms and/or conditions of employment have been modified in 
any way as a result, either in whole or in part, of the employee's medical condition(s): the name, 
address, telephone number, and social security number of each such employee; a description of 
the terms and/or conditions of employment that were modified, the reason(s) Defendant modified 
the employee's terms and/or conditions of employment; and the nature of the employee's medical 
condition. 
11. Defendant agrees that the Commission may upon reasonable notice review 
compliance with this Decree. As part of such review, the Commission may inspect the premises, 
interview employees and examine and copy documents relevant to the issues in this Decree. 
12. If anytime during the term of this Decree, the Commission believes that 
Defendant is in violation of this Decree, the Commission shall give notice of the alleged 
violation to the Defendant. Defendant shall have thirty (30) days in which to investigate and 
respond to the allegations. Thereafter, the Commission and the Defendant shall have a period of 
thirty (30) 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. 
13. 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 a place where it is 
visible to employees at each of its North Carolina facilities. If the Notice becomes defaced or 
unreadable, Defendant shall replace it by posting another copy of the Notice. 
14. Defendant agrees that all advertisements it places for job vacancies will include a 
statement that Sampson-Bladen Oil Co., Inc., is an equal opportunity employer that does not 
5 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 6 of 8 
discriminate on the basis of disability, race, sex, national origin, color, religion, age, or any other 
protected status. 
15. Except as otherwise stated in this Decree, each party shall bear its own costs and 
attorneys' fees in this action. 
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. 
17. The term of this Decree shall be for twelve (12) months from its entry by the 
Court. 
18. Defendant's consent to this agreement shall not be construed as an admission of 
liability or of any violation of law or any other act of wrongdoing and Defendant expressly denies 
that it has violated federal or state law in any respect. 
63///&3 
Date' <yj¥U$^Judge, U.S. District Court 
Eastern District of North Carolina 
The parties jointly request that the Court approve and enter the Consent Decree: 
EQUAL EMPLOYMENT ROYAL J. KATZENBERGER 
OPPORTUNITY COMMISSION 
GWENDOLYN YOUNG REAMS 
Associate General Counsel 
Equal Employment Opportunity 
Commission 
1801 "L" Street, N.W. 
Washington, D.C. 20507 
by: t/fa&iA faA'^Jc^. 
MINBY E/WEINSTEIN 
Regional Attorney 
COY BREWER/ 
RONNIE M. MITCHELL 
Mitchell Brewer Richardson 
Adams Burge & Boughman 
P.O. Box 2917 
Fayetteville, NC 28302 
Tel. (910)678-8900 
ATTORNEY FOR INTERVENOR 
6 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 7 of 8 
by:. 
Equal Employment Opportunity 
Commission 
129 W. Trade Street, Suite. 400 
Charlotte, NC 28202 
]f\QAAtk WM 
KERITH COHEN 
Trial Attorney 
Equal Employment Opportunity 
Commission 
1309 Annapolis Drive 
Raleigh, NC 27608 
Tel. (919)856-4148 
SAMPSON BLADEN OIL CO., INC. 
by: C 
THOMAS A. FARR 
Maupin Taylor & Ellis 
3200 Beachleaf Ct, Suite. 500 
P.O. Box 19764 
Raleigh, NC 27619 
Tel. (919)981-4000 
ATTORNEY FOR DEFENDANT 
ATTORNEYS FOR PLAINTIFF 
7 
Case 5:02-cv-00129-BR Document 15 Filed 03/17/2003 Page 8 of 8 
IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
and 
ROYAL J. KATZENBERGER 
Intervenor, 
v. 
SAMPSON-BLADEN OIL CO. INC., 
Defendant. 
NOTICE TO EMPLOYEES 
1. Federal law prohibits employers from discriminating against any employee or applicant 
for employment because of the employee's race, color, religion, sex, national origin, age 
(40 or older) or disability. Sampson-Bladen Oil Co., Inc. supports and will comply 
with such federal law in all respects. Specifically, Sampson-Bladen Oil Co., Inc. agrees 
that it will not discriminate against qualified individuals with a disability. 
2. Sampson-Bladen Oil Co., Inc. 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 the U. S. Equal 
Employment Opportunity Commission at the following address and telephone number for the 
purpose of filing a charge of employment discrimination. 
Equal Employment Opportunity Commission 
Raleigh Area Office 
1309 Annapolis Drive 
Raleigh, North Carolina 27608 
Tel: (919)856-4064 
CIVIL ACTION NO. 
5:02-CV-129-BO(3) 
APPENDIX A 


Equal Employment Opportunity Commission, Plaintiff, and Royal J. Katzenberger, Plaintiff-Intervenor, v. Sampson-Bladen Oil Co., Inc. Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1063&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, and Royal J. Katzenberger, Plaintiff-Intervenor, v. Sampson-Bladen Oil Co., Inc. Defendant.

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