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Case Name EEOC v. Oldcastle SW Group, Inc. EE-CO-0068
Docket / Court 08-cv-1385 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Attorney Organization EEOC
Case Summary
On June 30, 2008, the Equal Employment Opportunity Commission brought this action in the District Court of Colorado (Judge Edward W. Nottingham), alleging that defendant Oldcastle engaged in unlawful discriminatory employment practices. Such discriminatory practices included statements reflecting ... read more >
On June 30, 2008, the Equal Employment Opportunity Commission brought this action in the District Court of Colorado (Judge Edward W. Nottingham), alleging that defendant Oldcastle engaged in unlawful discriminatory employment practices. Such discriminatory practices included statements reflecting gender bias, failure to respond to complaints of sexual harassment by employees, and the termination of employees who complained of such practices. Plaintiff sought relief under 42 U.S.C. §2000e and 42 U.S.C. § 1981a. Plaintiff sought damages for the affected parties in the form of backpay, front pay, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. Plaintiff also sought a permanent injunction enjoining defendant from engaging in any employment policy or practice which discriminates against women, or retaliates against employees who report gender discrimination.

On October 20, 2008, the District Court of Colorado (Judge Edward W. Nottingham) granted a Motion to Intervene by individuals who were previously employed by the Defendant, terminated by the defendant and who had filed a Charge of Discrimination.

On October 20, 2008, the Intervenor Plaintiffs filed a complaint alleging denial of equal employment. This discrimination included gender discrimination in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), denial of equal employment for individuals engaging in protected activity under §704 of Title VII, 42 U.S.C. §2000e-4(a), and discrimination against a "qualified individual with a disability" as defined by the ADA. Intervenor Plaintiffs then filed an Amended Complaint in Intervention on October 31, 2008.

On February 9, 2010, the parties reached an agreement and the EEOC filed a Motion to Enter Consent Decree on February 16, 2010. Under the terms of the consent decree, Defendant was permanently enjoined from discriminating against any employee or applicant because of sex, or from retaliating against any employee, applicant, or class member for his or her participation in the EEOC process. Defendant agreed to submit to an EEO training program for new and current employees. Defendant was also to work with a consultant in developing policies to guard against discriminatory decision-making. In addition to these changes in behavior, Defendant was to pay $498,000 to the Intervenor Plaintiffs and their counsel.

On February 23, 2010 the parties stipulated to the dismissal of the Intervenor Plaintiffs, and on February 26, 2010 Judge Christine M. Arguello entered the consent decree.

David Priddy - 06/23/2011


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Training
Discrimination-basis
Disability (inc. reasonable accommodations)
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1981
Defendant(s) Oldcastle SW Group, Inc.
Plaintiff Description EEOC on behalf of female employees and male employees who supported them in complaints of sex discrimination; intervening aggrieved individuals.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - 2013
Case Closing Year 2010
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)
1:08-cv-01385-CMA-BNB (D. Colo.) 02/26/2010
EE-CO-0068-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/2008
EE-CO-0068-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Intervene as of Right as Parties Plaintiff 10/14/2008
EE-CO-0068-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Intervene as of Right as Parties Plaintiff 10/20/2008 (D. Colo.)
EE-CO-0068-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention and Jury Demand 10/20/2008
EE-CO-0068-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint in Intervention 10/31/2008
EE-CO-0068-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 02/16/2010
EE-CO-0068-0001.pdf | Detail
Document Source: BNA (Bureau of National Affairs)
EEOC Website Press Release 02/24/2010
EE-CO-0068-0007.pdf | Detail
Document Source: EEOC.gov
Judges Arguello, Christine M. (D. Colo.)
EE-CO-0068-9000
Boland, Boyd N. (D. Colo.) [Magistrate]
EE-CO-0068-9000
Monitors/Masters None on record
Plaintiff's Lawyers Feiger, Lynn D. (Colorado)
EE-CO-0068-0003 | EE-CO-0068-9000
Kittle, Rita Byrnes (Colorado)
EE-CO-0068-9000
Moench, William E. (Colorado)
EE-CO-0068-9000 | EE-CO-0068-9000
Moore, Brian T. (Colorado)
EE-CO-0068-0003 | EE-CO-0068-9000
Weeks, Nancy A. (Colorado)
EE-CO-0068-9000
Defendant's Lawyers Santo, Michael (Colorado)
EE-CO-0068-9000
Other Lawyers None on record

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