University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. STRAUB CLINIC & HOSPITAL EE-HI-0017
Docket / Court 06 00530 ACK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Los Angeles district office of the EEOC brought this suit against Straub Hospital and Hawaii Pacific Health in September 2006, in the U.S. District Court for the District of Hawaii. The complaint alleged that Straub Hospital and Hawaii Pacific Health discriminated in hiring security guards ... read more >
The Los Angeles district office of the EEOC brought this suit against Straub Hospital and Hawaii Pacific Health in September 2006, in the U.S. District Court for the District of Hawaii. The complaint alleged that Straub Hospital and Hawaii Pacific Health discriminated in hiring security guards based on sex and age in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. Specifically, the defendants allegedly failed to hire nine women because of their sex and age. One of the women brought suit as an intervenor plaintiff. After numerous settlement conferences, the parties entered into a consent decree.

The decree included non-discrimination and non-retaliation clauses, required development of a written Title VII policy, required following recruiting and hiring protocol, complying with advertising requirements for hiring, and required the utilization of an objective job description and hiring criteria. Straub Hospital and Hawaii Pacific Health were also required to post notice of rights, distribute notice of rights, retain records of all job applicants and provide EEO training. In addition, Straub Hospital and Hawaii Pacific Health agreed to pay $450,000 in damages, $20,000 of which was designated to a fund to be distributed to individuals not previously identified in conciliation.

Justin Kanter - 05/14/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Auditing
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective job description
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Hawaii Pacific Health
Hawaii Pacific Health
Straub Hospital
Straub Hospital
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 - 2010
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)
1:06-cv-00530-ACK-LEK (D. Haw.) 01/29/2008
EE-HI-0017-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2006
EE-HI-0017-0001.pdf | Detail
Complaint of Plaintiff-Intervenor 03/20/2007
EE-HI-0017-0002.pdf | Detail
Consent Decree 12/14/2007
EE-HI-0017-0003.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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