Tilley, Judge N. Carlton, Jr.

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Consent Decrees Labor and Employment Law Program 
7-20-2009 
EEOC v. Stanley Furniture Company 
Judge N. Carlton Tilley Jr. 
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EEOC v. Stanley Furniture Company 
Keywords 
EEOC, Equal Employment Opportunity Commission, Stanley Furniture Company, 1:08-cv-00695-NCT-PTS, 
Retail, Race, African American, Black, Hostile Work Environment 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/468 
IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF NORTH CAROLINA 
SALISBURY DIVISION
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
)
Plaintiff, )
)
v. ) CASE NO.: 1: 08-CV-695
)
STANLEY FURNITURE COMPANY, INC., ) CONSENT DECREE
)
Defendant. )
_______________________________________  )
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 that Defendant, Stanley Furniture Company, Inc. ("Stanley" or 
"Defendant"), violated Title VII by subjecting Mr. Johnny Wright, and a class of 
similarly situated individuals, to a hostile work environment because of their race, 
Black. Stanley has denied these allegations.
The Commission and Defendant hereby stipulate to the 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. This 
Decree does not constitute an admission by Defendant. The Commission does not 
disavow any of its allegations in this lawsuit.
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 this Consent Decree; and (3) this Decree resolves all
Case 1:08-cv-00695-NCT-PTS Document 19 Filed 07/20/09 Paae 1 of 8
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 any person on the basis of race 
or any other protected category within the meaning of Title VII.
2. Defendant shall not discriminate or retaliate against any person because 
of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 
1964 or because of the filing of a charge, the giving of testimony or assistance, or the 
participation in any investigation, proceeding or hearing under that statute.
3. Defendant shall pay Mr. Wright and the class members the total sum of 
Eighty Thousand Dollars ($80,000) in settlement of the claims raised in this action. 
Of the foregoing Eighty Thousand Dollars ($80,000), Defendant shall pay Mr. Wright 
the sum of Sixty Thousand Dollars ($60,000), Darlene Dickerson the sum of Ten 
Thousand Dollars ($10,000) and Elease Griffin the sum of Ten Thousand Dollars 
($10,000). Payment shall be made within fifteen (15) business days after the Court 
approves this Consent Decree, and Defendant shall mail or otherwise deliver the 
checks to Mr. Wright, Ms. Dickerson, and Ms. Griffin at an address provided by the 
Commission. Within ten (10) days after the checks have been sent, Defendant shall 
mail to Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity 
Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of each 
check and proof of their delivery to Mr. Wright, Ms. Dickerson and Ms. Griffin. 
Defendant will issue a 1099 form for these payments at the appropriate time. Mr. 
Wright, Ms. Dickerson and Ms. Griffin shall be responsible for all taxes due and owing 
on their respective payments.
4. Defendant is no longer conducting manufacturing operations at the
2
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Lexington, North Carolina facility (the "Lexington Facility") where the alleged 
discrimination occurred, and, as such, personnel documents of the aggrieved parties 
are located in an off-site storage facility. In the event Defendant resumes operations 
at the Lexington Facility, or it accesses or utilizes the foregoing personnel documents 
for any reason, within ten (10) days thereof, Defendant shall eliminate from the 
employment records of Mr. Wright and the class members any and all documents, 
entries, or references of any kind relating to the facts and circumstances which led to 
the filing of EEOC Charge Number 435-2007-00468 and the related events that 
occurred thereafter. Within fifteen (15) days of the foregoing elimination, Defendant 
shall report compliance with this provision to the EEOC.
5. Defendant has in place a written anti-discrimination, anti-harassment, and 
anti-retaliation policy, that it shall maintain throughout the term of this Decree. 
Defendant shall redistribute to each current employee in North Carolina a copy of the 
policy within thirty (30) days of the entry of this Decree. Within forty-five (45) days 
of the entry of this Decree, Defendant shall report compliance to the Commission. 
During the term of this Decree, Defendant shall distribute the policy to all new 
employees and review it with them at the time of hire.
6. During the term of this Decree, and within five (5) days after this Consent 
Decree is entered, Defendant shall post a copy of the policy described in paragraph 
5, supra, in all of their facilities in North Carolina in a place where it is visible to 
employees. Within fifteen (15) business days after entry of this Decree, Defendant 
shall notify the EEOC that the policy has been posted. If the policy becomes defaced 
or unreadable, Defendant shall replace it by posting another copy of the policy.
7. During the term of this Decree, Defendant shall provide an annual training 
program to all of its managers, supervisors and employees in North Carolina. Each 
training program shall include an explanation of the requirements of Title VII of the
3
Case 1:08-cv-00695-NCT-PTS Document 19 Filed 07/20/09 Paae 3 of 8
Civil Rights Act of 1964, and its prohibition against retaliation in the workplace. Each 
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.
The first training program shall be completed within one hundred (100) days 
after entry of the Decree by the Court. Each subsequent training program shall be 
conducted at approximately one-year intervals.
8. Defendant is no longer conducting manufacturing operations at the 
Lexington Facility, where the alleged discrimination occurred. The supervisory staff 
over Mr. Wright and the class members are no longer employed by Defendant. As 
such, no reporting requirements are mandated in this Decree. In the event Defendant 
resumes manufacturing operations at the Lexington Facility, Defendant shall provide 
the Commission with reports at six (6) month intervals, with the first being due four 
(4) months after resuming manufacturing operations. The reports will include the 
following information:
A. the identities of all individuals who complained of or reported any 
conduct the individual believed to be race discrimination and/or race 
harassment, or believed to be a violation of Defendant's racial 
harassment policy (referenced in paragraph 5 above), by identifying each 
individual's name, last known telephone number and address, social 
security number, and job title;
B. the name of the individual who allegedly engaged in the racial 
conduct as well as a detailed description of the alleged racial conduct;
C. a detailed description of what action, if any, Defendant took in 
response to the report/complaint;
In the event there is no activity to report pursuant to this paragraph, Defendant 
shall send the Commission a "negative" report indicating no activity.
9. The Commission may review compliance with this Decree. As part of 
such review, the Commission may inspect Defendant's North Carolina facilities, 
interview employees and examine and copy documents in North Carolina for the
4
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purpose of determining compliance with Paragraphs 4, 5, 6 and 7 of this decree, and 
to confirm or follow up on any information contained in the reports referenced in 
paragraph 8. If the Commission intends to conduct a compliance review inspection 
other than for the review of compliance with the posting provisions in paragraph 6, 
the Commission shall provide the Defendant with at least three (3) business days 
notice of its intent to conduct a compliance review at Defendant's North Carolina 
facilities, and Defendant will attempt to have its representative available for the 
proposed inspection by the announced time. If it fails to do so, the Commission can 
conduct said inspection without Defendant's representative present. If the 
representative is present, then any interview, inspection or document review shall be 
conducted in the representative's presence. The inspection will be conducted during 
Defendant's normal business hours, and the Commission shall make reasonable good 
faith efforts to avoid unnecessarily disrupting the Defendant's business operations. 
The Commission shall provide notice required pursuant to this paragraph by facsimile 
transmission directed to Defendant's counsel, Rodney Satterwhite, at 804-698-2163.
10. If anytime during the term of this Decree, the Commission believes that 
Defendant is in violation of the Decree, the Commission shall give notice of the alleged 
violation to Defendant. Defendant shall have ten (10) 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.
11. The term of this Decree shall be for two (2) years from its entry by the 
Court. This Consent Decree shall expire by its own terms at the end of two (2) years 
without further action by the parties.
12. All reports, notices or other documents sent to the Commission by
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Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional 
Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 
400, Charlotte N.C., 28202.
13. 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.
This the 20th day of July 20, 2009
/s/ N. Carlton Tilley, Jr.
Senior United States District Judge
6
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The parties jointly request that the Court approve and enter the Consent
Decree:
JAMES L. LEE 
Deputy General Counsel
GWENDOLYN YOUNG REAMS 
Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
131 M Street, NW 
Washington, D.C. 20507
s/ Lynette A. Barnes_________________
LYNETTE A. BARNES 
Regional Attorney
TINA BURNSIDE 
Supervisory Trial Attorney
s/ Randall D. Huggins________________
RANDALL D. HUGGINS
Trial Attorney (OK Bar No. 17875)
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Charlotte District Office
129 West Trade Street, Suite 400
Charlotte, North Carolina 28202
Telephone: 704.344.6889
Facsimile: 704.344.6780
randall.huggins@eeoc.gov
ATTORNEYS FOR PLAINTIFF
-and-
s/ Rodney A. Satterwhite_____________
Rodney A. Satterwhite (VSB No. 32907) 
(Signed by filing attorney with permission of 
Defendant's attorney) 
rsatterwhite@mcguirewoods.com 
Robyn S. Gray 
rgray@mcguirewoods.com 
McGuireWoods LLP 
901 East Cary Street 
One James Center 
Richmond, Virginia 23219 
T: 804.775.1227 
F: 804.698.2138
7
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Attorneys for Defendant
8
Case 1:08-cv-00695-NCT-PTS Document 19 Filed 07/20/09 Page 8 of 8


EEOC v. Stanley Furniture Company

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EEOC v. Stanley Furniture Company

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