University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BON SECOURS - DePAUL MEDICAL CENTER, INC. EE-VA-0013
Docket / Court 2:02-cv-00728-JBF-TEM ( E.D. Va. )
State/Territory Virginia
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September, the EEOC district office of Norfolk, Virginia brought this suit against Bon Secours-DePaul Medical Center, Inc., a full service medical facility in the U.S. District Court for the Eastern District of Virginia. The complaint alleged that Bon Secours unlawfully retaliated against one ... read more >
In September, the EEOC district office of Norfolk, Virginia brought this suit against Bon Secours-DePaul Medical Center, Inc., a full service medical facility in the U.S. District Court for the Eastern District of Virginia. The complaint alleged that Bon Secours unlawfully retaliated against one of its employees in violation of Title VII of the Civil Rights Act of 1964. It was alleged that Bon Secours unlawfully terminated a hospital administrator for verbally warning a nurse about sexually inappropriate workplace behavior. After a few minor discovery disputes, a jury trial commenced in August 2003. During the course of the four day trial, both parties motioned for judgment as a matter of law. The court denied all of these motions. At the end of the trial, a verdict was announced in favor of the plaintiff, EEOC.

Due to standing defendant motions for judgment as a matter of law or a new trial, the court directed the clerk to not enter judgment in the case. The court eventually denied the defendant's motions and the parties entered into a consent decree in March 2004. Although the text of this document is not available to us, we do know that the complainant was awarded $360,000 and the defendant was required to provide training to all employees of Bon Secours and post notices.

Joel Pettit - 05/29/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Post/Distribute Notice of Rights / EE Law
Utilize objective hiring/promotion criteria
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Bon Secours - DePaul Medical Center, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
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 Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
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)
2:02-cv-00728-JBF-TEM (E.D. Va.) 03/04/2004
EE-VA-0013-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC Wins Over $4 Million Retaliation Claim in Jury Verdict Against Hospital 09/03/2003
EE-VA-0013-0001 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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