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Case Name EEOC v. LA BRANCHE & CO INC et al EE-NY-0086
Docket / Court 1:05-cv-08304-SAS ( S.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the EEOC district office in New York, New York brought this action against LA Branche & Company and two of its officers in the U.S. District Court for the Southern District of New York. A male former employee intervened in the suit. The complaints state that the former employee, ... read more >
In September 2005, the EEOC district office in New York, New York brought this action against LA Branche & Company and two of its officers in the U.S. District Court for the Southern District of New York. A male former employee intervened in the suit. The complaints state that the former employee, who suffered from Bipolar Disorder and Manic Depression, alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 (ADA) when it maintained a hostile working environment, retaliated against him for complaining of discrimination, and constructively discharged him all because of his mental disability. After a single settlement conference, the parties settled and a consent decree was entered in August 2006.

In the consent decree, the parties agreed that the defendant would pay the complainant $500,000, post a "remedial notice," revise its personnel policies, revise its complaint procedures, provide EEO training to all its employees, submit semiannual complaint reports to the EEOC, and hire an EEO coordinator to handle investigations and general complaince matters. No fees or costs were awarded. The terms of the agreement run for three years.

Jason Chester - 07/19/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Disability (inc. reasonable accommodations)
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 State Anti-Discrimination Law
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Alfred Hayward
Anthony Corso
LA Branche & 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 2006 - 2009
Case Closing Year 2006
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)
1:05-cv-08304-SAS (S.D.N.Y.) 01/25/2007
EE-NY-0086-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2005
EE-NY-0086-0001 PDF | Detail
Complaint in Intervention 09/28/2005
EE-NY-0086-0002 PDF | Detail
Consent Decree 08/11/2006
EE-NY-0086-0003 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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