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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Sappington Garden Shop Company EE-MO-0078
Docket / Court 4:06-cv-00815-CAS ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On May 26, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District Court for the Eastern Division of the Eastern District of Missouri against Sappington Garden Shop Company on behalf of a female employee. The EEOC alleged Sappington Garden violated Title VII of the ... read more >
On May 26, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District Court for the Eastern Division of the Eastern District of Missouri against Sappington Garden Shop Company on behalf of a female employee. The EEOC alleged Sappington Garden violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et. seq.) by failing to correct and prevent the sexual harassment of the employee and by firing the employee in retaliation for opposing the sexual harassment. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy and practice reform, back pay, compensation for emotional harm, and back pay.

The employee, represented by private counsel, was permitted to intervene in the lawsuit on August 14, 2006. The employee's claims substantially mirrored the EEOC's. The employee amended her complaint on November 9, 2006, to add N.G. Heimos Greenhouse Company, Inc. on an integrated enterprise theory, which would treat the two corporations as the same employer.

The parties participated in an alternative dispute resolution process on December 13, 2006 and reached a settlement agreement. Because of the settlement, the employee voluntarily dismissed her claims against both companies with prejudice, which the Court (Judge Charles A. Shaw) approved on January 22, 2007. The terms of the agreement(s) between the employee and the two defendants are private and unknown. The EEOC, which did not bring any claims against Heimos Greenhouse, had its agreement with Sappington Garden entered by the Court as a consent decree on January 29, 2007.

The EEOC's settlement was with a two-year consent decree that included both monetary and injunctive provisions. Under the decree, the employee was paid $75,000, inclusive of attorneys' fees, while Sappington Garden agreed to train all its employees on the issue of sexual harassment, to provide all employees with its sexual harassment policy, to post an equal employment notice, and to keep records of all complaints of possible sexual harassment it received during the ensuing three years. The decree also required Sappington Garden to notify the EEOC of sexual harassment complaints it received during the decree term. The EEOC and Sappington Garden bore their own costs. No further court activity appears on the docket and the case is now closed.

Kenneth Gray - 07/23/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex 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) N.G. Heimos Greenhouse Company, Inc.
Sappington Garden Shop Company
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a female employee
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Private Settlement Agreement
Voluntary Dismissal
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)
4:06-cv-00815-CAS (E.D. Mo.) 01/29/2007
EE-MO-0078-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/23/2006
EE-MO-0078-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint [in Intervention] 08/25/2006
EE-MO-0078-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint of Intervenor Plaintiff Kapic 11/09/2006
EE-MO-0078-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation for Dismissal with Prejudice [Intervenor Plaintiff] 01/22/2007 (E.D. Mo.)
EE-MO-0078-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/29/2007
EE-MO-0078-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Shaw, Charles Alexander (E.D. Mo.)
EE-MO-0078-0005 | EE-MO-0078-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cooper, Ronald S. (District of Columbia)
EE-MO-0078-0001
Johnson, Robert G. (Missouri)
EE-MO-0078-0001 | EE-MO-0078-0005 | EE-MO-0078-9000
Kennedy, Melvin D (Missouri)
EE-MO-0078-0005 | EE-MO-0078-9000
Lee, James L. (District of Columbia)
EE-MO-0078-0001
Reams, Gwendolyn Young (District of Columbia)
EE-MO-0078-0001
Seely, Barbara A. (Missouri)
EE-MO-0078-0001 | EE-MO-0078-0005 | EE-MO-0078-9000
Shelly, Jan (Missouri)
EE-MO-0078-0001 | EE-MO-0078-9000
Watters, Russell F (Missouri)
EE-MO-0078-0002 | EE-MO-0078-0003 | EE-MO-0078-0004 | EE-MO-0078-9000
Defendant's Lawyers Bass, James D (Missouri)
EE-MO-0078-0004 | EE-MO-0078-9000
Hoefer, Craig J (Missouri)
EE-MO-0078-0004 | EE-MO-0078-9000
Horner, Chad A (Missouri)
EE-MO-0078-0004 | EE-MO-0078-9000
Zellweger, Nicole S (Missouri)
EE-MO-0078-9000
Other Lawyers None on record

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