University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. STERLING BROTHERS CONSTRUCTION INC EE-NM-0046
Docket / Court 1:01-cv-00732-WJ-RLP ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2001, the EEOC district office in Phoenix, Arizona brought this suit against Sterling Brothers Construction, Inc., a general construction firm, in the U.S. District Court for the District of New Mexico. The complaint states that former female employee alleged that the defendant's president ... read more >
In June 2001, the EEOC district office in Phoenix, Arizona brought this suit against Sterling Brothers Construction, Inc., a general construction firm, in the U.S. District Court for the District of New Mexico. The complaint states that former female employee alleged that the defendant's president and controlling shareholder violated Title VII of the Civil Rights Act of 1964 when he created and maintained a sexually hostile working environment. Specifically, the female stated that she was inappropriately physically touched and harassed. She claimed that she complained to no avail. A defense motion for summary judgment was granted in part and denied in part. The parties engaged in extensive discovery throughout the litigation. After a trial date was set, the parties settled and a consent decree was entered in January 2003.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of race, pay the aggrieved female $22,452, expunge her employment record, only provide neutral information to potential employers, implement and distribute a sexual harassment policy, provide a mechanism for complaints, provide EEO training, post an EEO notice, submit semiannual compliance reports, and allow the EEOC to inspect for compliance. No fees or costs were awarded. The terms of the agreement ran for two years.

Joel Pettit - 07/06/2007


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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
Expungement of Employment Record
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
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Sterling Brothers Construction, 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 2003 - 2005
Case Closing Year 2003
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)
1:01-cv-00732-WJ-RLP (D.N.M.) 01/02/2003
EE-NM-0046-9000.pdf | Detail
General Documents
Complaint 06/26/2001
EE-NM-0046-0001.pdf | Detail
Order Compelling Production of Documents and for Sanctions 01/14/2002 (D.N.M.)
EE-NM-0046-0002.pdf | Detail
Order Granting Defendant's Motion to Compel 02/25/2002 (D.N.M.)
EE-NM-0046-0003.pdf | Detail
Order Granting in Part and Denying in Part Plaintiff's Motion to Compel 02/26/2002 (D.N.M.)
EE-NM-0046-0004.pdf | Detail
Order Overruling Plaintiff EEOC's Objections to Magistrate's Order Granting Defendant's Motion to Compel 05/14/2002 (D.N.M.)
EE-NM-0046-0005.pdf | Detail
Order Granting in Part and Denying in Part Plaintiff EEOC's Objections to Magistrate's Order Denying Plaintiff's Motion to Compel 05/21/2002 (D.N.M.)
EE-NM-0046-0006.pdf | Detail
Memorandum Opinion and Order [Regarding Defendant's Motion for Summary Judgment] 08/12/2002 (D.N.M.)
EE-NM-0046-0007.pdf | Detail
Consent Decree 01/02/2003
EE-NM-0046-0008.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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