University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NABSTAR LLC (DBA SLEEP INN) EE-DE-0030
Docket / Court 1:05-cv-00374-GMS ( D. Del. )
State/Territory Delaware
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2005, the EEOC district office in Wilmington, Delaware brought this suit against Nabstar LLC, a regional hotel chain, in the U.S. District Court for the District of Delaware. The complaint alleges that the defendant violated 29 U.S.C. section 626(b) (ADEA) when it terminated a 74-year old ... read more >
In June 2005, the EEOC district office in Wilmington, Delaware brought this suit against Nabstar LLC, a regional hotel chain, in the U.S. District Court for the District of Delaware. The complaint alleges that the defendant violated 29 U.S.C. section 626(b) (ADEA) when it terminated a 74-year old female two weeks after the defendant acquired her former employer. Specifically, the defendant replaced the 74-year old with a 28-year old after the aggrieved employee performed satisfactorily for 6 years prior. After the parties could not reach a settlement in mediation and a defendant motion for summary judgment was pending for two months, the parties entered into a consent decree in August 2006.

The consent decree stated that the defendant must (1) not discriminate or retaliate against persons because of his or her age; (2) not divulge any details pertaining to this litigation to any identifiable or potential employer of the aggrieved employee; (3) pay the aggrieved employee a total of $10,000 in satisfaction of all claims relating to this litigation; (4) conspicuously post a notice in its Wilmington facility conveying its commitment to anti-age discrimination; (5) draft a policy or policies against age discrimination and provide a reporting system for complaints; (6) distribute the policies to individual employees and have a receipt of receipt in each personnel file; and (7) provide ADEA training to all of its supervisors and managers in its Newark, Delaware facility. The term of this agreement was two years.

Joel Pettit - 06/07/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Nabstar, LLC
Nabstar, LLC
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 2006 - 2008
Case Closing Year 2006
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)
1:05-cv-00374-GMS (D. Del.) 08/28/2006
EE-DE-0030-9000 PDF | Detail
General Documents
Complaint 06/06/2005
EE-DE-0030-0003 PDF | Detail
Consent Decree 08/28/2006
EE-DE-0030-0002 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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