University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ADVANCE AUTO PARTS EE-LA-0001
Docket / Court 2:05-cv-00173-MVL-ALC ( E.D. La. )
State/Territory Louisiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On January 21, 2005, the EEOC filed this sexual harassment and retaliation case against a New Orleans auto parts company. The claimant, who intervened, had complained to her Human Resources director that she was sexually harassed by her immediate supervisor, and by one of his subordinate ... read more >
On January 21, 2005, the EEOC filed this sexual harassment and retaliation case against a New Orleans auto parts company. The claimant, who intervened, had complained to her Human Resources director that she was sexually harassed by her immediate supervisor, and by one of his subordinate employees. The harassment included innappropriate sexual statements, requests for dates, offers of money in exchange for sexual favors and innapropriate touching. As a result of her complaints, the employer transferred Ms. Harris to a less desirable work location.

After the Court denied the EEOC's Motion for Partial Summary Judgment, the parties entered a Consent Decree which required the defendant to pay the employee $75,000.00 and prohibited the Defendant from engaging in discrimination based on sex and retaliation for complaints of such discrimination. The employer agreed to provide the EEOC with three written reports at six-month intervals setting forth all complaints of harassment at its New Orleans facility and describing and documenting its responses to those complaints.

The Defendant futher agreed to fire the two men who were the subjects of the complaints and to put in place mechanisms to assure that neither of them will ever be hired by the Defendant to work in any capacity ever again.

The Consent Decree also required the Defendant to provide non-discrimination training for all its supervisory and managerial employees and to review its policies concerning sexual harassment and retaliation one year from entry of the Order to determine if any changes are warranted and, if so, to make those changes.

Denise Heberle - 01/04/2010


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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
Reporting
Retaliation Prohibition
Discrimination-area
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) Advance Auto Parts, 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 not on record
Case Closing Year n/a
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-00173-MVL-ALC (E.D. La.) 11/13/2006
EE-LA-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/21/2005
EE-LA-0001-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention 03/16/2005
EE-LA-0001-0002 PDF | Detail
First Amended Complaint 05/09/2005
EE-LA-0001-0003 PDF | Detail
Order 08/28/2006 (2006 U.S.Dist.LEXIS 61543) (E.D. La.)
EE-LA-0001-0004 PDF | LEXIS | Detail
Consent Decree 11/13/2006
EE-LA-0001-0005 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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