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Case Name EEOC v. AIRBORNE EXPRESS et al EE-NM-0002
Docket / Court 1:04-cv-01118-JAP-WPL ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More ... read more >
The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More specifically, the complaint alleged the defendant allowed the complainant to be sexually harassed, subjected her to discipline and other conditions of employment based on her sex and failed to promote her because of her sex. The complaint also alleged the defendant retaliated against the complainant for complaints made on her behalf. The complainant was allowed to enter the suit as an intervenor plaintiff and her complaint added additional state anti-discrimination law and other state law claims. After several discovery disputes, the parties entered a consent decree in December 2005.

The Consent Decree included non-discrimination and non-retaliation clauses, required the defendant to develop an anti-discrimination policy and post and distribute that policy. The defendant also agreed to provide all of its New Mexico employees with at least three training session of at least three hours in duration covering EEO laws. The decree required the defendant to submit reports on discrimination complaints every six months. The decree had a duration of three years. In the event of non-compliance, the decree called for court enforcement and an indefinite extension of the decree. The defendant also agreed to provide neutral job references to potential employers of the complainant and agreed to pay the complainant $400,000 for damages and attorneys' fees.

Kevin Wilemon - 08/14/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
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 law
State Anti-Discrimination Law
Defendant(s) Air One Transport
Air One Transport
DHL Express (USA), Inc.
DHL Express (USA), 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 - 2008
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)
1:04-cv-01118-JAP-WPL (D.N.M.) 02/24/2006
EE-NM-0002-9000 PDF | Detail
General Documents
Complaint 09/30/2004
EE-NM-0002-0001 PDF | Detail
First Amended Complaint 12/01/2004
EE-NM-0002-0002 PDF | Detail
Intervenor's Complaint 01/05/2005
EE-NM-0002-0003 PDF | Detail
First Amended Complaint in Intervention 02/16/2005
EE-NM-0002-0004 PDF | Detail
Order [Motion to Dismiss First Amended Complaint] 06/30/2005 (D.N.M.)
EE-NM-0002-0005 PDF | Detail
Second Amended Complaint 10/03/2005
EE-NM-0002-0006 PDF | Detail
Consent Decree as to Defendants Air One Transport Group Inc and Air One Transport of New Mexico LLC 12/06/2005
EE-NM-0002-0007 PDF | Detail
Consent Decree as to DHL Express USA Inc 12/06/2005
EE-NM-0002-0008 PDF | Detail
Amended Consent Decree as to DHL Express USA Inc 02/24/2006
EE-NM-0002-0009 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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