University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. AMYCEL SPAWNMATE EE-PA-0018
Docket / Court 04-3295 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In July 2004, the EEOC district office of Philadelphia, Pennsylvania filed this suit against Amycel, Inc. in the U.S. District Court for the Eastern District of Pennsylvania. Although the complaint is unavailable, the consent decree states that the allegations concerned a hostile work environment ... read more >
In July 2004, the EEOC district office of Philadelphia, Pennsylvania filed this suit against Amycel, Inc. in the U.S. District Court for the Eastern District of Pennsylvania. Although the complaint is unavailable, the consent decree states that the allegations concerned a hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the consent decree addresses national origin discrimination and retaliation. After a summons was served on the defendant, the parties decided to settle and dispose of the case by consent decree in September 2004.

The terms of the consent decree dictate that the defendant must (1) not retaliate or discriminate against any employee on the basis of national origin or the voicing of complaints of such discrimination; (2) issue a neutral reference letter and not divulge any details concerning the litigation to potential employers; (3) pay the aggrieved employee $152,500 to satisfy of all possible claims relating to this suit; (4) post notices on all bulletin boards in the defendant's facilities concerning national origin discrimination for two years; and (5) train its employees on the topic of discrimination, harassment, and retaliation based on national origin.

Joel Pettit - 05/30/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin 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) Amycel, 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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2006
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)
2:04-cv-03295-WY (E.D. Pa.) 10/04/2004
EE-PA-0018-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 09/14/2004
EE-PA-0018-0001.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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