University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BENCHMARK RESIDENTIAL SERVICES, INC. EE-MI-0083
Docket / Court 1:03-cv-10172-DML ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In June 2003, the Detroit Office of the EEOC filed this lawsuit against Benchmark Residential Services, Incorporated in the U.S. District Court for the Eastern District of Michigan. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, the ... read more >
In June 2003, the Detroit Office of the EEOC filed this lawsuit against Benchmark Residential Services, Incorporated in the U.S. District Court for the Eastern District of Michigan. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, the intervenor complainant's complaint alleges the defendant subjected her to sexual harassment based on her sex, female, and that she was terminated from her position after she refused to have sex with her supervisor. Following defendant's successful motion to change venue from the Southern Division to the Northern Division in July 2003, the complainant intervened in the lawsuit in October 2003. After a series of status conferences, the parties settled the lawsuit in July 2004 through a consent decree.

The consent decree, containing an anti-retaliation clause, required the defendant to: provide and report to the EEOC regarding Title VII training, restore the complainant's position and make provisions for her insurance coverage, post notice of employee rights, and pay $99,000 to the complainant as monetary relief and interest.

David Friedman - 11/13/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Position Restored
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
Defendant(s) Benchmark Residential Services, Incorporated
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 2004 - 2007
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)
1:03-cv-10172-DML (E.D. Mich.) 07/22/2004
EE-MI-0083-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint of Intervening Plaintiff - Kim Helm 10/23/2003
EE-MI-0083-0003.pdf | Detail
Dismissal with Prejudice 07/19/2004 (E.D. Mich.)
EE-MI-0083-0006.pdf | Detail
Consent Decree 07/19/2004
EE-MI-0083-0007.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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