Case: EEOC v. BALLY TOTAL FITNESS CORP.

3:06-cv-02974 | U.S. District Court for the Northern District of California

Filed Date: May 1, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In May 2006, the EEOC's San Francisco office filed this suit in the U.S. District Court for the Northern District of California against Bally Total Fitness Corporation alleging violations of Title VII of the Civil Rights Act of 1964. The EEOC alleged that defendant had engaged in hiring discrimination based on national origin and religion when it did not hire an Indian Sikh. The defendant, a nationwide provider of fitness centers and fitness training, and the EEOC attempted to resolve the dis…

In May 2006, the EEOC's San Francisco office filed this suit in the U.S. District Court for the Northern District of California against Bally Total Fitness Corporation alleging violations of Title VII of the Civil Rights Act of 1964. The EEOC alleged that defendant had engaged in hiring discrimination based on national origin and religion when it did not hire an Indian Sikh. The defendant, a nationwide provider of fitness centers and fitness training, and the EEOC attempted to resolve the dispute through mediation for nearly three months but were unsuccessful. Upon their return to court, the parties postponed a firm scheduling order until, four months later, they came to an agreement and a consent decree was approved in April 2007 that ordered the defendant to pay $24,000 to the complainant, enjoined it from discriminating on the basis of national origin and religion, and required it to provide equal employment opportunity training sessions to its supervisory employees. The decree was to last for one year. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (7/13/2007)

Clearinghouse (6/7/2017)

Documents in the Clearinghouse

Document

3:06-cv-02974

Docket

EEOC v. Bally Total Fitness Corporation

April 18, 2007

April 18, 2007

Docket
1

3:06-cv-02974

Complaint

EEOC v. Bally Total Fitness Corporation

May 3, 2006

May 3, 2006

Complaint
19

3:06-cv-02974

Settlement Agreement

EEOC v. Bally Total Fitness Corporation

April 13, 2007

April 13, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5764046/equal-employment-opportunity-commission-v-bally-total-fitness-corporation/

Last updated April 10, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bally Total Fitness Corporation (Filing fee - waived). Filed byEqual Employment Opportunity Commission. (hdj, COURT STAFF) (Filed on 5/3/2006) Additional attachment(s) added on 5/5/2006 (hdj, COURT STAFF). (Entered: 05/04/2006)

May 3, 2006

May 3, 2006

2

ADR SCHEDULING ORDER: Case Management Statement due by 9/8/2006. Case Management Conference set for 9/15/2006 01:30 PM. (hdj, COURT STAFF) (Filed on 5/3/2006) Additional attachment(s) added on 5/4/2006 (hdj, COURT STAFF). (Entered: 05/04/2006)

May 3, 2006

May 3, 2006

Summons Issued as to Bally Total Fitness Corporation. (hdj, COURT STAFF) (Filed on 5/3/2006) (Entered: 05/04/2006)

May 3, 2006

May 3, 2006

CASE DESIGNATED for Electronic Filing. (hdj, COURT STAFF) (Filed on 5/3/2006) (Entered: 05/04/2006)

May 3, 2006

May 3, 2006

3

INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 9/15/2006 01:30 PM. Case Management Statement due by 9/8/2006.. Signed by Judge Jeffrey S. White on 5/11/06. (jjo, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

4

AFFIDAVIT of Service for Summons & Complaint with Acknowledgment of Receipt served on CT Corporation System on May 4, 2006, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Acknowledgment of service)(O'Hara, Cindy) (Filed on 6/5/2006) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

5

Respondent's ANSWER to Complaint byBally Total Fitness Corporation. (Fliegel, Rod) (Filed on 6/12/2006) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

6

STIPULATION (Joint) to Continue Case Management Conference and Related Dates by Bally Total Fitness Corporation. (Fliegel, Rod) (Filed on 8/18/2006) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

7

ORDER GRANTING 6 Stipulation to Continue Case Management Conference. Signed by Judge Jeffrey S. White on 8/21/06. (jjo, COURT STAFF) (Filed on 8/21/2006)

Aug. 21, 2006

Aug. 21, 2006

RECAP
8

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (O'Hara, Cindy) (Filed on 10/6/2006) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

9

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by Parties and Counsel (Fliegel, Rod) (Filed on 10/6/2006) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

10

STIPULATION (Joint) to Stay All Proceedings Pending Mediation by Bally Total Fitness Corporation. (Fliegel, Rod) (Filed on 10/10/2006) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

11

ORDER Granting 10 Stipulation. Signed by Judge Jeffrey S. White on October 11, 2006. (jswlc1, COURT STAFF) (Filed on 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

RECAP
12

STIPULATION AND REQUEST FOR RELIEF FROM MEDIATION DEADLINE AND TO CONTINUE CASE MANAGEMENT CONFERENCE by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 1/19/2007) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

13

ORDER GRANTING 12 STIPULATION FOR RELIEF FROM MEDIATION DEADLINE AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 1/22/07. (jjo, COURT STAFF) (Filed on 1/22/2007)

Jan. 22, 2007

Jan. 22, 2007

RECAP
14

MOTION to Continue Case Management Conference filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 3/19/2007) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

16

ORDER GRANTING REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 3/22/07. (jjo, COURT STAFF) (Filed on 3/22/2007)

March 22, 2007

March 22, 2007

RECAP
15

NOTICE by Bally Total Fitness Corporation of Non Opposition (Fliegel, Rod) (Filed on 3/22/2007) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

17

STIPULATION tto Continue Case Management Conference Two Weeks by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/4/2007) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

18

ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 4/5/07. (jjo, COURT STAFF) (Filed on 4/5/2007)

April 5, 2007

April 5, 2007

RECAP
19

SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/13/2007) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

20

ORDER Approving 19 Consent Decree. Signed by Judge Jeffrey S. White on April 18, 2007. (jswlc1, COURT STAFF) (Filed on 4/18/2007) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2006

Closing Date: 2008

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

Bally Total Fitness Corporation (Fresno), Private Entity/Person

Bally Total Fitness Corporation, Private Entity/Person

Case Details

Causes of Action:

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: 24000

Order Duration: 2007 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

National origin discrimination

Religion discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian