University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LA MEXICANA INC EE-WA-0043
Docket / Court 2:06-cv-01359-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Seattle District Office of the EEOC brought this suit against La Mexicana, Inc. and Albert Walden in the United States District Court for the Western District of Washington in September 2006. The complaint alleged that the Defendant violated Title VII because its manager, Albert Walden, ... read more >
The Seattle District Office of the EEOC brought this suit against La Mexicana, Inc. and Albert Walden in the United States District Court for the Western District of Washington in September 2006. The complaint alleged that the Defendant violated Title VII because its manager, Albert Walden, subjected the female complainant to sexual harassment. The complainant intervened in the EEOC's suit, alleging violations of Title VII, Washington's state anti-discrimination law, and state tort claims. The complainant voluntarily dismissed her state tort claims. The parties engaged in successful mediation in October 2007, and entered into a successful consent decree in November 2007.

The consent decree required La Mexicana to pay $25,000 to the complainant for alleged emotional distress, as well as expunge her personnel file of complaints of discrimination and give her neutral employment references. La Mexicana was also required to provide annual training to all employees in Spanish and English; distribute notices of employees' statutory protection from discrimination in Spanish and English; and implement policies designed to promote supervisor accountability.

Kevin Wilemon - 05/19/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
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
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Albert Warden
Albert Warden
Albert Warden
La Mexicana, Inc
La Mexicana, 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 2007 - 2010
Case Closing Year 2007
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)
2:06-cv-01359-TSZ (W.D. Wash.) 11/30/2007
EE-WA-0043-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/21/2006
EE-WA-0043-0001.pdf | Detail
Amended Complaint 11/02/2006
EE-WA-0043-0002.pdf | Detail
Intervenor Complaint 12/04/2006
EE-WA-0043-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order for Voluntary Dismissal [] 09/13/2007 (W.D. Wash.)
EE-WA-0043-0004.pdf | Detail
Order of Dismissal 11/14/2007 (W.D. Wash.)
EE-WA-0043-0005.pdf | Detail
Proposed Consent Decree and Order of Dismissal 11/27/2007
EE-WA-0043-0006.pdf | Detail
Order Approving Consent Decree and Retaining Jurisdiction 11/30/2007 (W.D. Wash.)
EE-WA-0043-0007.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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