Case: EEOC v. Newonics, Inc.

2:02-cv-00632 | U.S. District Court for the District of Utah

Filed Date: June 28, 2002

Closed Date: Dec. 31, 2003

Clearinghouse coding complete

Case Summary

In June 2002, the Phoenix District Office of the EEOC brought this suit against Newonics, Inc. in the U.S. District Court for the District of Utah alleging discrimination on the basis of sex in violation of the Equal Pay Act of 1963 ("EPA") and Title VII of the Civil Rights Act of 1964. Specifically, the defendant paid the charging party, a female employee, at wage rates less than it paid its male employees for completing essentially the same work. In addition, the defendant retaliated agains…

In June 2002, the Phoenix District Office of the EEOC brought this suit against Newonics, Inc. in the U.S. District Court for the District of Utah alleging discrimination on the basis of sex in violation of the Equal Pay Act of 1963 ("EPA") and Title VII of the Civil Rights Act of 1964. Specifically, the defendant paid the charging party, a female employee, at wage rates less than it paid its male employees for completing essentially the same work. In addition, the defendant retaliated against the charging party by terminating her when she complained of the discrimination. After some scheduling orders, the parties settled through consent decree in December 2003.

The two-year decree required the defendant to: expunge the charging party's personnel file from all references to the charge of discrimination, post a notice of the consent decree, provide annual EPA and Title VII training, develop and distribute a written anti-discrimination policy, report to the EEOC at specified intervals, and pay $20,000 to the charging party.

Summary Authors

Michele Marxkors (6/28/2007)

Documents in the Clearinghouse

Document

2:02-cv-00632

Docket [PACER]

EEOC v. Newonics

Dec. 31, 2003

Dec. 31, 2003

Docket
1

2:02-cv-00632

Complaint

EEOC vs. Newonics, Inc.

June 28, 2002

June 28, 2002

Complaint
24

2:02-cv-00632

Consent Decree

Dec. 31, 2003

Dec. 31, 2003

Settlement Agreement

Resources

Docket

Last updated March 17, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge Tena Campbell. Receipt no.: Waived (alt) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

2

Motion and Order signed by Judge Tena Campbell , 07/02/02 Granting motion/PHV for Attorney Sally Shanley, Mary Jo O'Neill, C. Emanuel Smith on behalf of plaintiff EEOC cc:attys (tsh) (Entered: 07/03/2002)

July 2, 2002

July 2, 2002

3

Answer to Complaint by Newonics (tsh) (Entered: 08/01/2002)

July 31, 2002

July 31, 2002

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed or faxed to plaintiff EEOC, defendant Newonics (tsh) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

4

Magistrate Notice of Hearing Initial Pretrial Conference set for 10:30 11/18/02 To be held before Judge Alba cc:atty ( Ntc generated by: RNB's secretary) (ce) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

6

Certificate of election filed by plaintiff EEOC Refer to: normal litigation track (tsh) (Entered: 08/19/2002)

Aug. 15, 2002

Aug. 15, 2002

7

REPORT of Attorney Planning Meeting (kvs) (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

8

Scheduling order setting; Joining of parties, amending of pleadings on 5:00 1/15/03 ; Deadline for filing of all motions 5:00 9/30/03 ; Discovery cutoff 5:00 8/29/03 ; Attorney Conference by 1/26/04 ; Final Pretrial Conference for 3:00 2/9/04 ; 5-Day Jury Trial for 8:30 3/1/04 Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not Referred to ADR. Discovery limits set. Signed by Judge David Nuffer 11/12/02 cc:atty. (tsh) (Entered: 11/15/2002)

Nov. 13, 2002

Nov. 13, 2002

9

Certificate of service by EEOC re: Pla's Initial Rule 26(a)(1) Disclosure Statement (tsh) (Entered: 12/02/2002)

Nov. 25, 2002

Nov. 25, 2002

10

Certificate of service re: 1st set of interrogs, req for admissions & req for prod/docs by Newonics (alt) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

11

Return of summons executed as to Newonics c/o Allen Sims, 7/16/02. Answer due on 8/5/02 for Newonics (alt) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

12

Certificate of service re: resp to 1st req for admissions by EEOC (alt) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

13

Joint motion by EEOC, Newonics to extend time to 7/30/03 for disc ddl (alt) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

14

Order of Reference signed by TC 4/27/03, 636(b)(1)(A). Mag Judge to hear & determine any nondispositive pretrial matters. cc: atty (alt) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

Case referred to magistrate under 28:636(b)(1)(A). (alt) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

15

Case referred to Judge David Nuffer cc: atty (alt) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

16

Order granting [13-1] joint motion to extend time to 7/30/03 for fact disc ddl; signed by Judge David Nuffer, 5/6/03 cc:atty (alt) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

17

Certificate of service re: disc responses by EEOC (alt) (Entered: 05/20/2003)

May 19, 2003

May 19, 2003

18

Certificate of service re: 1st set of interrogs, 1st req for admissions & 1st req for prod/docs by EEOC (alt) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

19

Stipulation by EEOC, Newonics stip to extend time to 8/31/03 for disc cutoff (alt) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

20

Order granting [19-1] stipulation motion stip to extend time to 8/31/03 for disc cutoff, discovery due set for 8/31/03 signed by Judge Tena Campbell , 7/10/03 cc:atty (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

21

Certificate of service re: dft's answers to pla EEOC's 1st set of non-unniform interrogs, ans to pla's 1st req for admissions & ans to pla's 1st req for prod/docs by Newonics (alt) (Entered: 08/11/2003)

Aug. 8, 2003

Aug. 8, 2003

23

Order granting [22-1] joint motion to extend time for disc ddl to 9/30/03 and for motion filing to 10/31/03, discovery due set for 9/30/03 , motion filing deadline set for 10/31/03 signed by Judge David Nuffer, 9/11/03 cc:atty (alt) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

24

Consent judgment for EEOC against Newonics; Dft is enjoined from gender discrimination in pay and employment and dft agrees to pay $2,000 in settlement of back wages and $18,000 in compensatory damages. Each pty to bear own costs & fees. See Consent for details. Signed by TC, 12/30/03 [EOD Date 12/31/03] (alt) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

CASE NO LONGER REFERRED TO Judge David Nuffer (alt) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

Case closed per Consent no. 24 (alt) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2002

Closing Date: Dec. 31, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Newonics, Inc. (Salt Lake City, UT), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 20000

Order Duration: 2003 - 2006

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits