University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MEMSCAP INC EE-CA-0146
Docket / Court 5:03-cv-04323-JF ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the Seattle District Office of the EEOC brought this suit against Memscap, Inc. in the U.S. District Court for the Northern District of California alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, the defendant terminated ... read more >
In September 2003, the Seattle District Office of the EEOC brought this suit against Memscap, Inc. in the U.S. District Court for the Northern District of California alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Specifically, the defendant terminated the two charging parties, male employees, because of their age. After an initial case management conference, the parties settled through a consent decree in March 2004.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging parties with neutral references, implement a written EEO policy, post and distribute a notice to employees, provide EEO training for its employees, and report to the EEOC every six months. The defendant also agreed to pay $40,000 to each of the two charging parties.

Michele Marxkors - 06/19/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
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) Memscap, 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 2004 - 2007
Case Closing Year 2004
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)
5:03-cv-04323-JF (N.D. Cal.) 03/18/2004
EE-CA-0146-9000 PDF | Detail
General Documents
Complaint 09/24/2003
EE-CA-0146-0001 PDF | Detail
Consent Decree and Order 03/18/2004
EE-CA-0146-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report [March 2004] 03/31/2004
EE-CA-0146-0003 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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