The matter originated as a charge brought against Propak in 2003 alleging that the company had refused to hire non-Hispanic persons for non-managerial positions in a North Carolina facility.
The EEOC did not issue the complainant a right to sue letter until five years after the complaint had been registered, and it was only around that same time that the EEOC finally notified Propak it should prepare to defend a class-action rather than individual suit.