University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BALLY NORTH AMERICA, INC. EE-HI-0001
Docket / Court 1:05-cv-00631-SOM-BMK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2005, the San Francisco District Office of the EEOC (with participation from the Honolulu Local Office) brought this suit against Bally North America, Inc. in the U.S. District Court for the District of Hawaii. We do not have a copy of the complaint; therefore, the exact allegations ... read more >
In September 2005, the San Francisco District Office of the EEOC (with participation from the Honolulu Local Office) brought this suit against Bally North America, Inc. in the U.S. District Court for the District of Hawaii. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against the charging party in violation of Title VII of the Civil Rights Act of 1964 by subjecting her to a hostile work environment based of her race and national origin and retaliating against her for her complaints of the harassment. After a couple scheduling orders, the parties settled through a consent decree in early January 2006.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide annual Title VII and ADA training for all its employees, report to the EEOC at specified intervals, retain relevant records, and pay the charging party $200,000.

Michele Marxkors - 07/31/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Bally North America, 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 - 2008
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-00631-SOM-BMK (D. Haw.) 01/17/2006
EE-HI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 01/04/2005
EE-HI-0001-0001.pdf | Detail
EEOC Litigation Settlement Report 01/04/2006
EE-HI-0001-0002.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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