University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. Erie County, New York EE-NY-0194
Docket / Court 1:99-cv-00217-JTE ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On March 25,1999, the United States filed a lawsuit against the Erie County Correctional Facility ("ECCF") under 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the Western District of New York. The Department of Justice asked the court for injunctive relief, alleging ... read more >
On March 25,1999, the United States filed a lawsuit against the Erie County Correctional Facility ("ECCF") under 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the Western District of New York. The Department of Justice asked the court for injunctive relief, alleging that the defendant had violated Title VII, by discriminating in employment matters against men and women on the basis of gender.

Specifically, Plaintiff alleged that the defendant applied policies and practices that require only men to guard male inmates and only women to guard female inmates during trips outside the ECCF, regardless whether such gender-based assignments were reasonably necessary as bona fide occupational qualifications.

On April 12, 1999, the District Court (Judge John T. Elvin) entered a Consent Decree agreed to by the parties. The ECCF agreed to implement and follow non-discriminatory employment policies and practices that treat female and male employees in the same way; each party was to bear its own costs and expenses including attorney's fees.

We have no further information on this case.

Jane Wu - 11/04/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Corrections
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
General
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Erie County
Plaintiff Description U.S. on behalf of male and female employees allegedly discriminated against on the basis of gender
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1999 - 2004
Case Closing Year 1999
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:99-cv-00217-JTE (W.D.N.Y.) 04/12/1999
EE-NY-0194-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/25/1999
EE-NY-0194-0001 PDF | Detail
Consent Decree 04/12/1999
EE-NY-0194-0002 PDF | Detail
Judges Elfvin, John Thomas (W.D.N.Y.)
EE-NY-0194-0002 | EE-NY-0194-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fenton, William B. (District of Columbia)
EE-NY-0194-0001 | EE-NY-0194-0002
Fleming, Mary Pat (New York)
EE-NY-0194-0001 | EE-NY-0194-9000
Levy, Allen W. (District of Columbia)
EE-NY-0194-0001 | EE-NY-0194-0002
Defendant's Lawyers Ippolito, Russell (New York)
EE-NY-0194-0002
Schoetz, Kenneth A (New York)
EE-NY-0194-0002
Other Lawyers None on record

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