University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LOEWEN GROUP INTERNATIONAL INC (d/b/a MEMORY GARDENS OF THE VALLEY) EE-NM-0031
Docket / Court 1:98-cv-00112-JAP-LCS ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In January 1998, the Albuquerque and Phoenix offices of the EEOC brought this Title VII suit against Loewen Group International Inc d/b/a Memory Gardens of the Valley in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the ... read more >
In January 1998, the Albuquerque and Phoenix offices of the EEOC brought this Title VII suit against Loewen Group International Inc d/b/a Memory Gardens of the Valley in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant discriminated against the claimants by discharging them from their positions as funeral telemarketers because of their national origin (Hispanic). After both parties filed discovery motions, the case settled by entry of a consent decree in December 1998 (the defendant filed a notice of bankruptcy in June 1999).

The two year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $16,000 in back pay and damages, provide neutral references for the claimants, post notice, provide two hours of Title VII training for all of its employees, give the EEOC reports every six months on compliance with the decree, and allow the EEOC to have access to the defendant's premises to ensure compliance.

Kevin Wilemon - 07/26/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Loewen Group International 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 1998 - 2000
Case Closing Year 1998
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)
1:98-cv-00112-JAP-LCS (D.N.M.) 06/07/1999
EE-NM-0031-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/28/1998
EE-NM-0031-0001.pdf | Detail
Order [Regarding Motions to Compel] 08/31/1998 (D.N.M.)
EE-NM-0031-0002.pdf | Detail
Consent Decree 12/16/1998
EE-NM-0031-0003.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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