University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name RICHARDS v. CONVERGYS EE-UT-0004
Docket / Court 2:05-CV-00790-DAK ( D. Utah )
State/Territory Utah
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Case Summary
A private plaintiff brought suit against Convergys Corporation in the United States District Court for the District of Utah in September 2005. Her complaint alleged violations of the Equal Pay Act and Title VII for unequal pay, discipline, constructive discharge and retaliation based on gender. ... read more >
A private plaintiff brought suit against Convergys Corporation in the United States District Court for the District of Utah in September 2005. Her complaint alleged violations of the Equal Pay Act and Title VII for unequal pay, discipline, constructive discharge and retaliation based on gender. The EEOC brought its own suit (EEOC v. Convergys Corp., 2:05-cv-00812-DAK (D. Utah Sept. 28, 2005), and the cases were consolidated in December 2005. The private plaintiff's case was designated the lead case. The EEOC's complaint alleged violations of the Equal Pay Act and Title VII of the Civil Rights Act of 1964 for unequal pay based on gender (female). After several discovery motions, an unresolved motion for summary judgment by the defendant, and an unresolved motion for partial summary judgment by the EEOC, the cases were settled by consent decree in May 2007.

The two-year consent decree, containing an anti-discrimination clause, required the defendant to post notice of its anti-discrimination policy, provide training for all supervisors and human resource employees, maintain records concerning implementation of the decree, annually report to the EEOC, and pay a total of $67,000 in monetary relief and attorney's fees to the complainant.

Kevin Wilemon - 08/12/2008


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Pay / Benefits
Discrimination-basis
Sex discrimination
EEOC-centric
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Equal Pay Act, 29 U.S.C. § 206(d)
Defendant(s) Convergys Corporation
Plaintiff Description A female employee receiving less pay than male counterparts alleging gender-based discrimination of her employer.
Indexed Lawyer Organizations None on record
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 - 2009
Case Closing Year 2007
Case Ongoing No
Case Listing EE-UT-0018 : EEOC v. Convergys Corporation (D. Utah)
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)
2:05-cv-00812-DAK (D. Utah) 12/02/2005
EE-UT-0004-9001.pdf | Detail
2:05-cv-00790-DAK (D. Utah) 05/31/2007
EE-UT-0004-9000.pdf | Detail
General Documents
Complaint 09/22/2005
EE-UT-0004-0001.pdf | Detail
Memorandum Decision and Order Granting Motion to Compel and Motion to Extend 09/05/2006 (D. Utah)
EE-UT-0004-0002.pdf | Detail
Memorandum Decision and Order Denying Motion to Compel 01/08/2007 (D. Utah)
EE-UT-0004-0003.pdf | Detail
Memorandum Decision and Order Granting Motion for Protective Order 02/07/2007 (D. Utah)
EE-UT-0004-0004.pdf | Detail
Consent Decree 05/31/2007
EE-UT-0004-0005.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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