University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PORT ELIZABETH TERMINAL & WAREHOUSE EE-NJ-0074
Docket / Court 05-4828 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On October 5, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a customer service representative ("CSR"), filed a lawsuit in the District Court of New Jersey, under Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act ("AEA"), ... read more >
On October 5, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a customer service representative ("CSR"), filed a lawsuit in the District Court of New Jersey, under Title VII of the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act ("AEA"), against Port Elizabeth Terminal and Warehouse. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant treated the complainant less favorably than younger, non-black CSRs, eventually resulting in her discharge after she complained about the disparate treatment.

On June 15, 2006, the District Court (Judge William J. Martini) entered a consent decree where the defendant, among other things, agreed to pay the complainant $28,500.

Perry Miska - 04/13/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
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)
Discrimination-basis
Age discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) PORT ELIZABETH TERMINAL & WAREHOUSE
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a customer service representative who was allegedly discriminated against based on her age and race.
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)
2:05-cv-04828-WJM-RJH (D.N.J.) 06/15/2006
EE-NJ-0074-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/05/2005
EE-NJ-0074-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 05/04/2006 (D.N.J.)
EE-NJ-0074-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/15/2006
EE-NJ-0074-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Martini, William J. (D.N.J.)
EE-NJ-0074-0002 | EE-NJ-0074-0003 | EE-NJ-0074-9000
Monitors/Masters None on record
Plaintiff's Lawyers Marino, Stephanie (Pennsylvania)
EE-NJ-0074-0001 | EE-NJ-0074-0003 | EE-NJ-0074-9000
McNair, Jacqueline H. (Pennsylvania)
EE-NJ-0074-0001 | EE-NJ-0074-0003
O'Boyle, Judith A. (Pennsylvania)
EE-NJ-0074-0001 | EE-NJ-0074-0003
Defendant's Lawyers Conlan, Michael J. (New Jersey)
EE-NJ-0074-0003 | EE-NJ-0074-9000
Other Lawyers None on record

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