University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NEWMAN UNIVERSITY EE-KS-0014
Docket / Court 05-2404 KHV ( D. Kan. )
State/Territory Kansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Newman University in the U.S. District Court for the District of Kansas alleging discrimination on the basis of sex in violation of Title VII of the Civil ... read more >
In September 2005, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Newman University in the U.S. District Court for the District of Kansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to promote the charging party, a female employee, to a position she was well qualified for because of her sex. In addition, the defendant allegedly retaliated against the charging party after she complained of the discrimination by changing her job title and duties, resulting in her constructive discharge. The charging party intervened in the suit in October 2005. After some scheduling orders and discovery, the parties settled through a consent decree in March 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: revise its anti-discrimination policy and complaint procedures, inform employees in writing of the changes to its policies, distribute a notice of rights, provide annual EEO training for all its administrative and supervisory employees, employ a Vice President of Human Resources to be in charge of compliance with its policies and the decree, provide the charging party with a neutral employment reference, post notices of rights, report to the EEOC at specified intervals, and pay $182,500.

Justin Kanter - 07/27/2007


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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
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Newman University
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)
2:05-cv-02404-KHV-JPO (D. Kan.) 03/28/2006
EE-KS-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/21/2005
EE-KS-0014-0001.pdf | Detail
Complaint in Intervention 10/25/2005
EE-KS-0014-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint in Intervention 10/26/2005
EE-KS-0014-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Re: Change of Venue] 01/04/2006 (2006 WL 23566) (D. Kan.)
EE-KS-0014-0006.pdf | WESTLAW | Detail
Consent Decree 03/13/2006
EE-KS-0014-0004.pdf | Detail
EEOC Litigation Settlement Report - March 2006 05/19/2006
EE-KS-0014-0005.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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