University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. JAMES G. KENNEDY & CO., INC EE-NJ-0052
Docket / Court 2:04-cv-02586-DMC-MF ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The EEOC's Philadelphia district office sued James G. Kennedy & Co., Inc. on June 3, 2004 in the U.S. District Court for the District of New Jersey. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment ... read more >
The EEOC's Philadelphia district office sued James G. Kennedy & Co., Inc. on June 3, 2004 in the U.S. District Court for the District of New Jersey. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment and retaliated against the intervenor, who intervened in September 2004, for her complaint by firing her. Following a settlement conference in March 2005, the parties settled the case. The parties entered into a consent decree on July 7, 2005, which stipulated that the defendant would pay the complainant $125,000 in damages, post a notice of compliance with Title VII, post the defendant's EEO policy, provide Title VII training to its supervisors, provide the complainant with a neutral letter of reference, and report complaints of sexual harassment to the EEOC semiannually for a year.

Aaron Weismann - 07/11/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
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 Anti-Discrimination Law
Defendant(s) James G. Kennedy & Co., 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)
2:04-cv-02586-DMC-MF (D.N.J.) 07/07/2005
EE-NJ-0052-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/03/2004
EE-NJ-0052-0001.pdf | Detail
Intervenor Complaint 09/23/2004
EE-NJ-0052-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report 07/01/2005
EE-NJ-0052-0004.pdf | Detail
Consent Decree 07/07/2005
EE-NJ-0052-0003.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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