University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. ERNST & YOUNG, LLP EE-NJ-0029
Docket / Court 2:03-cv-04277-WHW-SDW ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The Philadelphia office of the EEOC brought this suit against Ernst & Young LLP, an accounting firm, in September 2003, in the U.S. District Court for the District of New Jersey. The complainant alleged that the defendant engaged in hostile work environment and quid pro quo sexual harassment ( ... read more >
The Philadelphia office of the EEOC brought this suit against Ernst & Young LLP, an accounting firm, in September 2003, in the U.S. District Court for the District of New Jersey. The complainant alleged that the defendant engaged in hostile work environment and quid pro quo sexual harassment (under Title VII and NJ state law), retaliation, defamation, and invasion of her privacy. Specifically, complainant alleges that her supervisor, a lesbian, repeatedly retaliated against her because she declined her supervisor's repeated advances and reported the sexual harassment events to human resources. The complainant intervened in the EEOC's suit several months later (after the court granted and vacated the initial motion to intervene). After the court issued a protective order limiting disclosure of confidential information produced in discovery to the parties, the parties settled the case. The court entered a consent decree in March 2005.

The two-year consent decree includes an anti-retaliation provision, a notice provision (notice must be posted for one year), and a training program for all managers and supervisors at complainant's facility within one year of filing the Decree on employee rights and employer obligation under Title VII and relevant state or local anti-discrimination laws. In addition to the injunctive relief, defendant is to pay complainant $125,000 in damages.

Lionel Joiner - 05/29/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Beatrice Fernandez
Ernst &Young, LLP
Peter Cahill
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2007
Case Closing Year 2005
Case Ongoing No
Additional Resources
click to show/hide detail
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)
2:03-cv-04277-WHW-SDW (D.N.J.) 03/04/2005
EE-NJ-0029-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Second Complaint in Intervention 04/26/2004
EE-NJ-0029-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 12/27/2004 (D.N.J.)
EE-NJ-0029-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Modifying Order of Dismissal] 01/26/2005 (D.N.J.)
EE-NJ-0029-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice 02/17/2005 (D.N.J.)
EE-NJ-0029-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 02/22/2005
EE-NJ-0029-0011 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice 02/23/2005 (D.N.J.)
EE-NJ-0029-0012 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (March 2005) 03/05/2005
EE-NJ-0029-0013 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

- click to show/hide ALL -

new search
page permalink

- top of page -