Modern Polymers Defense Response

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION
Equal Employment Opportunity Civil Action No. 3:21-cv-00221

Commission,
Plaintiff,
v. DEFENDANT’S ANSWER TO
PLAINTIFF’S COMPLAINT
Modern Polymers, Inc.,
Defendant.
Defendant Modern Polymers, Inc. (“Defendant”), answering the Complaint of Plaintiff
Equal Employment Opportunity Commission (“Plaintiff”), would allege and show as follows:
1. Defendant admits the allegations of Paragraph 1.
2. In response to the allegations contained in Paragraph 2 of the Complaint, Defendant
denies any unlawful conduct occurred. Defendant admits the remaining allegations of Paragraph
2.
3. Defendant admits Paragraphs 3 through 7 upon information and belief.
denies that any unlawful employment practices occurred. Defendant admits the remaining
allegations of Paragraph 8.
denies that any discriminatory practices occurred. Defendant admits the remaining allegations of
Paragraph 9.
6. Defendant admits Paragraphs 10 through 14 of the Complaint upon information and
belief.
Case 3:21-cv-00221-RJC-DCK Document 4 Filed 06/14/21 Page 1 of 4

7. Defendant denies the allegations contained in Paragraph 15 of the Complaint.
8. Defendant admits the allegations of Paragraph 16 of the Complaint.
9. Defendant denies the allegations of Paragraph 17 of the Complaint.
10. In response to the allegations contained in Paragraph 18 of the Complaint,
Defendant denies that the Production Supervisor subjected Ms. Smith to sexual harassment, and
upon information and belief, denies the specific allegations and acts that took place.
11. Defendant denies the allegations of Paragraphs 19 through 24 of the Complaint.
12. Defendant admits the allegations of Paragraph 25 of the Complaint upon
information and belief.
13. Defendant denies the allegations of Paragraphs 26 through 29 of the Complaint and
denies that Plaintiff is entitled to any of the requested relief.
AFFIRMATIVE DEFENSES
1. Defendant specifically reserves the right to amend the affirmative defenses.
2. Plaintiff's claims and/or damages may be limited by the “after acquired evidence”
doctrine.
3. Plaintiff’s Complaint fails to state a claim for relief and should be dismissed
pursuant to Fed. R. Civ. P. 12(b)(6).
4. Plaintiff’s claims are barred by the doctrines of laches and/or unclean hands.
5. Plaintiff’s claims are barred, in whole or in part, by Plaintiff’s conduct.
6. Plaintiff has failed to mitigate her damages.
7. Defendant is entitled to a set-off of any interim or future earnings that Plaintiff has
or will have to the extent any award for damages is entered.

8. Plaintiff failed to avail herself of Defendant’s internal policies and procedures for
reporting discrimination.
9. Plaintiff’s claims are estopped to due to Plaintiff’s conduct.
10. Plaintiff’s claims are waived due to Plaintiff’s conduct
11. To the extent that Plaintiff alleges she was subject to a hostile work environment,
Defendant is entitled to assert the Faragher-Ellerth defense where they took no adverse
employment action, exercised reasonable care to prevent and promptly correct the alleged
harassing behavior, and Plaintiff has availed herself of the preventative and corrective
opportunities provided by Defendant to otherwise avoid harm.
12. An award of punitive damages under the circumstances would be unwarranted and
violative of the due process clauses of the United States and North Carolina Constitutions.
13. Alternatively, punitive damages are not recoverable in this matter due to Plaintiff’s
failure to report the conduct with specificity for employer to discern that the conduct complained
of implicated its policy prohibiting sexual harassment. Defendant had a policy prohibiting sexual
harassment that it enforced. Therefore Plaintiff is precluded from recovering punitive damages
pursuant to Kolstead v.American Dental Ass’n, 527 U.S. 526 (1999).
14. Punitive damages are limited by Chapter 1D of the N.C. Gen. Stat., et seq.,
specifically including, but not limited to, §1D-25.
WHEREFORE, Defendant prays that the Court dismiss Plaintiff’s Complaint, and award
Defendant its costs and legal fees incurred in defending the Plaintiff’s Complaint, as well as any
other relief deemed just and proper.

HAYNSWORTH SINKLER BOYD, P.A.
s/ Christopher B. Major__________________
Christopher B. Major, Fed. ID #31663
ONE North Main, 2nd Floor (29601)
P.O. Box 2048
Greenville, S.C. 29602
Telephone: 864.240.3200
Facsimile: 864.240.3300
[email protected]
Attorneys for Defendant Modern Polymers,

Inc.
June 14, 2021

Greenville, South Carolina

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Equal Employment Opportunity Civil Action No. 3:21-cv-00221

Defendant Modern Polymers, Inc. (“Defendant”), answering the Complaint of Plaintiff

1. Defendant admits the allegations of Paragraph 1.

2. In response to the allegations contained in Paragraph 2 of the Complaint, Defendant

3. Defendant admits Paragraphs 3 through 7 upon information and belief.

4. In response to the allegations contained in Paragraph 8 of the Complaint, Defendant

5. In response to the allegations contained in Paragraph 9 of the Complaint, Defendant

6. Defendant admits Paragraphs 10 through 14 of the Complaint upon information and

Case 3:21-cv-00221-RJC-DCK Document 4 Filed 06/14/21 Page 1 of 4

8. Defendant admits the allegations of Paragraph 16 of the Complaint.

9. Defendant denies the allegations of Paragraph 17 of the Complaint.

10. In response to the allegations contained in Paragraph 18 of the Complaint,

11. Defendant denies the allegations of Paragraphs 19 through 24 of the Complaint.

12. Defendant admits the allegations of Paragraph 25 of the Complaint upon

information and belief.

denies that Plaintiff is entitled to any of the requested relief.

1. Defendant specifically reserves the right to amend the affirmative defenses.

pursuant to Fed. R. Civ. P. 12(b)(6).

5. Plaintiff’s claims are barred, in whole or in part, by Plaintiff’s conduct.

6. Plaintiff has failed to mitigate her damages.

or will have to the extent any award for damages is entered.

Case 3:21-cv-00221-RJC-DCK Document 4 Filed 06/14/21 Page 2 of 4

9. Plaintiff’s claims are estopped to due to Plaintiff’s conduct.

10. Plaintiff’s claims are waived due to Plaintiff’s conduct

opportunities provided by Defendant to otherwise avoid harm.

pursuant to Kolstead v.American Dental Ass’n, 527 U.S. 526 (1999).

specifically including, but not limited to, §1D-25.

other relief deemed just and proper.

Case 3:21-cv-00221-RJC-DCK Document 4 Filed 06/14/21 Page 3 of 4

Attorneys for Defendant Modern Polymers,

June 14, 2021

Case 3:21-cv-00221-RJC-DCK Document 4 Filed 06/14/21 Page 4 of 4

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