University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ATLANTA GASTROENTEROLOGY ASSOCIATES LLC EE-GA-0003
Docket / Court 1:05-cv-02504-TWT-RGV ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 27, 2005, the Atlanta and Birmingham offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Atlanta Gastroenterology Associates, LLC in the U.S. District Court for the Northern District of Georgia. The EEOC alleged that the defendants had ... read more >
On September 27, 2005, the Atlanta and Birmingham offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Atlanta Gastroenterology Associates, LLC in the U.S. District Court for the Northern District of Georgia. The EEOC alleged that the defendants had violated the complainant's rights by discharging her for refusing to discriminate on the basis of race in her management decisions.

On November 23, 2005, the complainant intervened as a party plaintiff in the litigation. On August 15, 2006, the defendants filed two motions for summary judgment. The first motion was withdrawn sixteen days later, and the second summary judgment motion was denied by the court on February 16, 2007.

On June 26, 2007, the parties went to mediation and reached a settlement. They filed a consent decree with the court on August 9, 2007, and the court dismissed the case. Under the consent decree, the defendants agreed to pay the complainant $145,000 in unspecified damages. The decree enjoined the defendants from violating Title VII, and it required them to post notice of the anti-discrimination laws in a conspicuous place in the workplace. Within 60 days of the entry of the consent decree, the defendant was to train all of its management staff on the requirements of Title VII with respect to equal opportunity and anti-discrimination in employment. Every six months, the defendants were to submit a report to the EEOC Regional Attorney detailing any complaints of adverse employment actions and describing the defendant's response to those complaints. The decree was to remain in effect for 2 years, and if the defendants were found to be in violation of the agreement, the length of the decree would be extended, and the parties would re-enter mediation.

Kristen Sagar - 04/09/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Utilize objective job description
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Atlanta Gastroenterology Associates, LLC
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 2007 - 2009
Case Closing Year 2007
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-02504-TWT-RGV (N.D. Ga.) 09/21/2007
EE-GA-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2005
EE-GA-0003-0001.pdf | Detail
Intervenor Complaint 03/16/2006
EE-GA-0003-0002.pdf | Detail
Magistrate Judge's Non-Final Report and Recommendation [Regarding Defendant's Motion for Summary Judgment] 12/29/2006
EE-GA-0003-0003.pdf | Detail
Opinion and Order [re: Defendant's Motion for Summary Judgment] 02/16/2007 (N.D. Ga.)
EE-GA-0003-0004.pdf | Detail
Consent Decree 09/21/2007
EE-GA-0003-0005.pdf | Detail
Judges Batten, Timothy C. Sr. (N.D. Ga.)
EE-GA-0003-9000
Baverman, Alan J. (N.D. Ga.) [Magistrate]
EE-GA-0003-9000
Thrash, Thomas W. Jr. (N.D. Ga.)
EE-GA-0003-0004 | EE-GA-0003-0005
Vineyard, Russell G. (N.D. Ga.) [Magistrate]
EE-GA-0003-0003
Monitors/Masters None on record
Plaintiff's Lawyers Burnett, Katharine Madison (Georgia)
EE-GA-0003-9000
Butler, Marla R. (New York)
EE-GA-0003-9000
Dawkins, Robert (Georgia)
EE-GA-0003-0005
Grossman, Daniel J. (Georgia)
EE-GA-0003-9000
Kung, Lisa L. (Georgia)
EE-GA-0003-9000
Lee, Graham Spencer (Georgia)
EE-GA-0003-9000
Littrell, Elizabeth Lynn (Georgia)
EE-GA-0003-9000
Nevins, Gregory R. (Georgia)
EE-GA-0003-9000
Royal, S. Robert (Georgia)
EE-GA-0003-0001
Warring, Jane (Georgia)
EE-GA-0003-9000
Weber, Gerald R. (Georgia)
EE-GA-0003-9000
Defendant's Lawyers Baines, Tamara Nikki (Georgia)
EE-GA-0003-9000
Godfrey, Robert N. (Georgia)
EE-GA-0003-9000
Power, Stephen A. (Georgia)
EE-GA-0003-9000
Root, David F. (Georgia)
EE-GA-0003-0005
Terry, LaShawn W. (Georgia)
EE-GA-0003-9000
Young, Dennis McRay (Georgia)
EE-GA-0003-9000
Other Lawyers Coffman, Andrew Yancey (Georgia)
EE-GA-0003-0002

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