University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FOAM WORKS LLC EE-CA-0087
Docket / Court 2:06-cv-02146-MCE-EFB ( E.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Los Angeles District Office of the EEOC brought this suit against Foam Works, LLC in the U.S. District Court for the Eastern District of California in September 2006. The complaint alleged sex discrimination in violation of the Title VII of the Civil Rights Act of 1964. A female employee was ... read more >
The Los Angeles District Office of the EEOC brought this suit against Foam Works, LLC in the U.S. District Court for the Eastern District of California in September 2006. The complaint alleged sex discrimination in violation of the Title VII of the Civil Rights Act of 1964. A female employee was allegedly subjected to sexual harassment, which created a hostile working environment. When the employee complained, she was retaliated against by reducing her hours, duties and wages. She was ultimately discharged. The parties entered into a consent decree in October 2007. The consent decree required the Defendant to pay the complainant $21,500 in compensatory damages. The Defendant was also required to conduct annual training on harassment, institute a confidential complaint procedure, retain pertinent records, and allow the EEOC to inspect documents with twenty days notice.

Kevin Wilemon - 05/22/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Sex 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) Foam Works, 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 2007 - 2010
Case Closing Year 2007
Case Ongoing Yes
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-02146-MCE-EFB (E.D. Cal.) 10/15/2007
EE-CA-0087-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2006
EE-CA-0087-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 10/12/2007
EE-CA-0087-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Exhibit "A" Notice to All Employees 10/12/2007
EE-CA-0087-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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