University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MORAN FOODS (d/b/a SAVE-A-LOT) et al EE-NJ-0061
Docket / Court 1:03-cv-04617-FLW-JBR ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the EEOC district office in Philadelphia, Pennsylvania brought this suit against Moran Foods, Inc., doing business as Save-A-Lot, in the U.S. District Court for the District of New Jersey. Two males intervened in the case, and alleged that the defendant violated Title VII of the ... read more >
In September 2003, the EEOC district office in Philadelphia, Pennsylvania brought this suit against Moran Foods, Inc., doing business as Save-A-Lot, in the U.S. District Court for the District of New Jersey. Two males intervened in the case, and alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it allowed its managers to create a hostile work environment. Specifically, the aggrieved males alleged sex discrimination based on unsolicited inappropriate sexual comments, physical touching, and requests for sex from managers.

A consent decree was issued in March 2005. In the consent decree, the parties agreed that the defendant would refrain from retaliating or discriminating on the basis of sex, expunge employment records of reference to this litigation, give a neutral reference to the aggrieved males, pay the aggrieved men $175,000, keep records of all complaints, allow the EEOC to randomly monitor complaints made, and post EEO notices.

Jason Chester - 06/16/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
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) Deniese Morton
Frank Calderoni
Moran Foods, 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 2005 - 2007
Case Closing Year 2005
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-04617-FLW-JBR (D.N.J.) 03/24/2005
EE-NJ-0061-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Third Party Complaint [David Beck] 02/26/2004
EE-NJ-0061-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Party Complaint [David Mizerek] 02/27/2004
EE-NJ-0061-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 01/10/2005 (D.N.J.)
EE-NJ-0061-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/24/2005
EE-NJ-0061-0004.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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