University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. EXAMINATION MANAGEMENT SERVICES EE-NV-0011
Docket / Court 2:03-cv-01229-RCJ-PAL ( D. Nev. )
State/Territory Nevada
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the Los Angeles District Office of the EEOC brought this suit against Examination Management Services, Inc., d/b/a EMSI, in the U.S. District Court for the District of Nevada alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, ... read more >
In September 2003, the Los Angeles District Office of the EEOC brought this suit against Examination Management Services, Inc., d/b/a EMSI, in the U.S. District Court for the District of Nevada alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to a hostile work environment and terminated her because of her age. The parties took part in early neutral evaluation in May 2004. After some discovery, they settled in April 2005 through a consent decree.

The two-year decree contained a non-discrimination clause and required the defendant to: designate an EEO consultant to oversee its compliance with the decree, develop a written ADEA policy and complaint procedure, provide ADEA training for all its employees, report to the EEOC at specified intervals, and pay $45,000 to the charging party.

Michele Marxkors - 06/27/2007


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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
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
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) Examination Management Services, 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)
2:03-cv-01229-RCJ-PAL (D. Nev.) 04/27/2005
EE-NV-0011-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2000
EE-NV-0011-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Grants Motion to Quash Subpoena] 09/10/2004 (D. Nev.)
EE-NV-0011-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/18/2005
EE-NV-0011-0003 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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