Case: EEOC v. Alliant Techsystems, Inc.

7:98-cv-00084 | U.S. District Court for the Western District of Virginia

Filed Date: Feb. 3, 1998

Closed Date: Aug. 20, 1999

Clearinghouse coding complete

Case Summary

The Baltimore Office of the EEOC brought this suit against Alliant Techsystems, Inc., Local 3-495, Oil, Chemical and Atomic Workers International Union, and OACW International Union, AFL-CIO, in the United States District Court for the Western District of Virginia in February 1998. According to the unreported opinion granting summary judgment to the EEOC and denying summary judgment to the Defendants, the intervenor plaintiff was employed as a shop steward at Alliant Technologies. He became mor…

The Baltimore Office of the EEOC brought this suit against Alliant Techsystems, Inc., Local 3-495, Oil, Chemical and Atomic Workers International Union, and OACW International Union, AFL-CIO, in the United States District Court for the Western District of Virginia in February 1998. According to the unreported opinion granting summary judgment to the EEOC and denying summary judgment to the Defendants, the intervenor plaintiff was employed as a shop steward at Alliant Technologies. He became more religious over the years and decided that it would go against his Baptist beliefs to pay his union dues. He was unable to obtain a reasonable accommodation from the defendants for his religious belief, and he intervened in this suit, which was brought under Title VII's prohibition of religious discrimination.

There were several contested discovery motions and the motions for summary judgment mentioned above. According to the docket, in March 1999 the intervenor plaintiff won a judgment of $20,000, for which the Defendants were jointly and severally liable. The Defendants appealed the decision, but, according to the appeal docket, the parties voluntarily dismissed their appeal in December 1999 before a ruling was made.

Summary Authors

Justin Kanter (5/16/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17676978/parties/eeoc-v-alliant-techsystems/


Judge(s)
Attorney for Plaintiff

Beutler, Mark Jeffrey (Virginia)

Cameron, Bruce N. (Virginia)

Corcoran, John F. (Virginia)

Attorney for Defendant

Buschner, Traci Lee (Virginia)

Guttman, Reuben Andrew (Virginia)

show all people

Documents in the Clearinghouse

Document

99-01377

99-01375

Court of Appeals Docket

EEOC v. Local 3-495 Oil

U.S. Court of Appeals for the Fourth Circuit

Aug. 18, 1999

Aug. 18, 1999

Docket

7:98-cv-00084

Docket (PACER)

EEOC v. Alliant Techsystems

Dec. 2, 1999

Dec. 2, 1999

Docket
43

7:98-cv-00084

Memorandum Opinion

EEOC v. Alliant Techsystems

Sept. 18, 1998

Sept. 18, 1998

Order/Opinion

1998 WL 1998

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17676978/eeoc-v-alliant-techsystems/

Last updated Feb. 22, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 100 Day Notice due 5/14/98 for Local 3-495, Oil, Ch, for Alliant Techsystems Service due 6/3/98 for Local 3-495, Oil, Ch, for Alliant Techsystems (ssm) (Entered: 02/04/1998)

Feb. 3, 1998

Feb. 3, 1998

PACER
2

MOTION to Intervene by Fredric N. Jones (ssm)

Feb. 4, 1998

Feb. 4, 1998

PACER

BRIEF by Fredric N. Jones in Support of [2-1] motion to Intervene by Fredric N. Jones (ssm)

Feb. 4, 1998

Feb. 4, 1998

PACER
3

NOTICE of Corrected Pleadings (Name of defts) by Fredric N. Jones (Corrected pleadings attached on top of originals in file - only correct versions were mailed to parties by counsel per notice) (ssm)

Feb. 5, 1998

Feb. 5, 1998

PACER
4

ORDER granting [2-1] motion to Intervene ( signed by Judge James C. Turk ) (ssm)

Feb. 6, 1998

Feb. 6, 1998

PACER
5

INTERVENOR'S COMPLAINT by Fredric N. Jones against Alliant Techsystems, Local 3-495 OCAW, OCAW International (ssm)

Feb. 6, 1998

Feb. 6, 1998

PACER

SUMMONS issued for OCAW International (Returned to counsel for service) (ssm)

Feb. 6, 1998

Feb. 6, 1998

PACER

SUMMONS(ES) issued for Alliant Techsystems, Local 3-495 OCAW, OCAW International (fne)

Feb. 20, 1998

Feb. 20, 1998

PACER

RETURN OF SERVICE on summons & complaint as to OCAW International via Robert E. Wages, President, executed on 2/17/98 Answer due on 3/9/98 for OCAW International (iew)

March 5, 1998

March 5, 1998

PACER
6

CROSSCLAIM by Alliant Techsystems against Local 3-495 OCAW, OCAW International (iew)

March 23, 1998

March 23, 1998

PACER
8

DEFENDANT OCAW INTERNATIONAL'S RESPONSE TO INTERVENER'S REQUEST FOR ADMISSIONS OF FACT AND GENUINENESS by OCAW International (iew)

March 23, 1998

March 23, 1998

PACER
7

UNIONS' ANSWER to [5-1] intervenor complaint by Local 3-495 OCAW & OCAW International (iew) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

PACER
9

UNIONS' ANSWER TO EEOC'S COMPLAINT by Local 3-495 OCAW, OCAW International (iew) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

PACER

DISCOVERY LETTER from counsel (iew)

March 25, 1998

March 25, 1998

PACER
10

CROSSCLAIM by Alliant Techsystems against Local 3-495 OCAW, OCAW International (iew)

March 26, 1998

March 26, 1998

PACER

DISCOVERY LETTER from counsel (iew)

March 26, 1998

March 26, 1998

PACER
11

ANSWER by Local 3-495 OCAW & OCAW International to [10-1] & [6-1] Cross Claims by Alliant Techsystems (kjh)

April 15, 1998

April 15, 1998

PACER
12

ORDER ent. 4/21/98 transferring case to Senior Judge Jackson L. Kiser ( signed by Judge James C. Turk ) (emh) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

PACER
13

MOTION for Traci L. Buschner, Esq. to Appear Pro Hac Vice by OCAW International (emh)

May 4, 1998

May 4, 1998

PACER
14

MOTION for Reuben A. Guttman, Esq. to Appear Pro Hac Vice by OCAW International (emh)

May 4, 1998

May 4, 1998

PACER
15

MOTION for Brian P. McCafferty, Esq. to Appear Pro Hac Vice by OCAW International (emh)

May 4, 1998

May 4, 1998

PACER

DISCOVERY LETTER from counsel (emh)

May 11, 1998

May 11, 1998

PACER

APPLICATION FOR BRIAN P. MCCAFFERTY TO PRACTICE PRO HAC VICE rec'd. (emh)

May 13, 1998

May 13, 1998

PACER

APPLICATION FOR TRACI L. BUSCHNER TO PRACTICE PRO HAC VICE rec'd. (emh)

May 13, 1998

May 13, 1998

PACER

APPLICATION FOR REUBEN A. GUTTMAN TO PRACTICE PRO HAC VICE rec'd. (emh)

May 13, 1998

May 13, 1998

PACER
16

MOTION to Compel Production Of Documents by Fredric N. Jones (emh)

May 15, 1998

May 15, 1998

PACER

BRIEF by Fredric N. Jones in Support of [16-1] motion to Compel Production Of Documents by Fredric N. Jones (emh)

May 15, 1998

May 15, 1998

PACER

Magistrate's Notice (emh)

May 18, 1998

May 18, 1998

PACER
17

ORDER granting [13-1] motion for Traci L. Buschner, Esq. to Appear Pro Hac Vice ( signed by Senior Judge Jackson L. Kiser ) (emh)

May 19, 1998

May 19, 1998

PACER
18

ORDER granting [14-1] motion for Reuben A. Guttman, Esq. to Appear Pro Hac Vice ( signed by Senior Judge Jackson L. Kiser ) (emh)

May 19, 1998

May 19, 1998

PACER
19

ORDER granting [15-1] motion for Brian P. McCafferty, Esq. to Appear Pro Hac Vice ( signed by Senior Judge Jackson L. Kiser ) (emh)

May 19, 1998

May 19, 1998

PACER
20

PRETRIAL ORDER Referring Case to Magistrate Judge Glen E. Conrad for all pretrial discovery motions and issues and whatever else as set forth in Items 1-22 of Order re: trial date, status reports, jury instructions, motions, briefs, hearings, discovery, witnesses, and settlement of case ( signed by Senior Judge Jackson L. Kiser ) (emh)

May 19, 1998

May 19, 1998

PACER
21

MOTION for Bruce N. Cameron to Appear Pro Hac Vice by Fredric N. Jones (emh)

May 26, 1998

May 26, 1998

PACER
22

AFFIDAVIT by Fredric N. Jones Re: [21-1] motion for Bruce N. Cameron to Appear Pro Hac Vice by Fredric N. Jones (emh)

May 26, 1998

May 26, 1998

PACER

MEMORANDUM by Fredric N. Jones in support of [21-1] motion for Bruce N. Cameron to Appear Pro Hac Vice by Fredric N. Jones (emh)

May 26, 1998

May 26, 1998

PACER
23

ORDER, STIPULATING certain Discovery re: Produced Gentry Documents as set forth in #1 & #2 of this order ( signed by Senior Judge Jackson L. Kiser ) (iew)

May 28, 1998

May 28, 1998

PACER
24

ORDER granting pltf-intervenor's [21-1] motion for Bruce N. Cameron to Appear Pro Hac Vice ( signed by Senior Judge Jackson L. Kiser ) (iew)

May 28, 1998

May 28, 1998

PACER
25

OCAW INTERNATIONAL'S MEMO IN RESPONSE and MOTION for Protective Order by OCAW International (ssm)

June 3, 1998

June 3, 1998

PACER
26

ORDER, Motion Hearing set for 9:30 8/24/98 for [25-1] motion for Protective Order, set for 9:30 8/24/98 for [16-1] motion to Compel Production Of Documents and for summary judgment motions in Roanoke ( signed by Senior Judge Jackson L. Kiser ) (ssm)

June 12, 1998

June 12, 1998

PACER

DISCOVERY LETTER from counsel (ssm)

June 12, 1998

June 12, 1998

PACER

RESPONSE by Fredric N. Jones to [8-1] discovery response by OCAW International (emh)

June 17, 1998

June 17, 1998

PACER
27

MOTION to Compel Defts. Alliant Techsystems, Inc. and Local 3-495, Oil, Chemical and Atomic Workers International Union and The Oil, Chemical and Atomic workers International Union, AFL-CIO Answers to Deposition Questions by EEOC (Attorney Gerald S. Kiel, Arlene T. Shadoan) (lfc)

June 23, 1998

June 23, 1998

PACER

MEMORANDUM by EEOC in support of [27-1] motion to Compel Defts. Alliant Techsystems, Inc. and Local 3-495, Oil, Chemical and Atomic Workers International Union and The Oil, Chemical and Atomic workers International Union, AFL-CIO Answers to Deposition Questions by EEOC (lfc)

June 23, 1998

June 23, 1998

PACER

DISCOVERY LETTER received from Counsel (kjh)

July 1, 1998

July 1, 1998

PACER
28

RESPONSE TO DISCOVERY by Alliant Techsystems Re: [27-1] motion to Compel Defts. Alliant Techsystems, Inc. and Local 3-495, Oil, Chemical and Atomic Workers International Union and The Oil, Chemical and Atomic workers International Union, AFL-CIO Answers to Deposition Questions by EEOC (ssm)

July 13, 1998

July 13, 1998

PACER
29

RESPONSE, w/Attached Exhibits, by Local 3-495 OCAW & OCAW International, in Opposition to [27-1] Plaintiff's Motion to Compel Defts' Answers to Deposition Questions (kjh)

July 15, 1998

July 15, 1998

PACER
30

MOTION for Leave to File Amended Answers to EEOC's Complaint & to Intervenor's Complaint, by Local 3-495 OCAW & OCAW International (kjh)

July 15, 1998

July 15, 1998

PACER

MEMORANDUM, w/Attachments, in support of [30-1] Motion for Leave to File Amended Answers, by OCAW International & Local 3-495 OCAW (kjh)

July 15, 1998

July 15, 1998

PACER
31

AFFIDAVIT/DECLARATION of Delores Montoya Re: Kathleen Hostetler's legal status (kjh)

July 20, 1998

July 20, 1998

PACER

DISCOVERY LETTER received from Counsel (kjh)

July 27, 1998

July 27, 1998

PACER
32

REPLY, w/Attachments, by The EEOC, to Defts' 7/15/98 response to [27-1] Plaintiff's Motion to Compel Answers to Deposition Questions (kjh)

July 27, 1998

July 27, 1998

PACER
33

MOTION for Partial Summary Judgment by EEOC (emh)

July 31, 1998

July 31, 1998

PACER

MEMORANDUM w/Exhibit List by EEOC in support of [33-1] motion for Partial Summary Judgment by EEOC (emh)

July 31, 1998

July 31, 1998

PACER
34

MOTION for Summary Judgment on all issues except damages, by The EEOC (kjh)

Aug. 3, 1998

Aug. 3, 1998

PACER

MEMORANDUM, w/5 volume appendix, in support of [34-1] Motion for Summary Judgment on all issues except damages, by The EEOC (kjh)

Aug. 3, 1998

Aug. 3, 1998

PACER
35

DEFENDANTS' JOINT MOTION for Summary Judgment purs to Rule 56(b) (kjh)

Aug. 3, 1998

Aug. 3, 1998

PACER

MEMORANDUM, w/Attachments, in support of [35-1] Defts' Joint Motion for Summary Judgment purs to Rule 56(b) (kjh)

Aug. 3, 1998

Aug. 3, 1998

PACER
36

MOTION to Compel Discovery, by EEOC (kjh)

Aug. 3, 1998

Aug. 3, 1998

PACER

BRIEF, w/Attachments, in Support of [36-1] Motion to Compel Discovery, by EEOC (kjh)

Aug. 3, 1998

Aug. 3, 1998

PACER
37

PLAINTIFF-INTERVENOR'S NOTICE TO SUBMIT MOTION ON BRIEFS, by Fredric N. Jones (kjh)

Aug. 10, 1998

Aug. 10, 1998

PACER

MEMORANDUM, by The EEOC, in opposition to [35-1] Defts' Motion for Summary Judgment (kjh)

Aug. 14, 1998

Aug. 14, 1998

PACER

PLAINTIFFF'S EXHIBITS IN OPPOSITION, to [35-1] Defts' Motion for Summary Judgment (kjh)

Aug. 14, 1998

Aug. 14, 1998

PACER

MEMORANDUM, w/Attachments, by Fredric N. Jones, in opposition to [35-1] Motion for Summary Judgment purs to Rule 56(b), by OCAW International, Local 3-495 OCAW & Alliant Techsystems (kjh)

Aug. 17, 1998

Aug. 17, 1998

PACER

DEFTS' CONSOLIDATED MEMORANDUM, w/Attachments, in opposition to [33-1] Motion for Partial Summary Judgment by The EEOC (kjh)

Aug. 17, 1998

Aug. 17, 1998

PACER
38

MEMORANDUM IN REPLY, by The EEOC, to Defts' 8/17/98 consolidated opposition memorandum to [33-1] EEOC's Motion for Partial Summary Judgment (kjh)

Aug. 20, 1998

Aug. 20, 1998

PACER
40

AFFIDAVIT of Steven H. Gentry Re: Fredric Jones "dues to charity" request (kjh) (Entered: 08/24/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER

DEFTS' CONSOLIDATED REPLY MEMORANDUM, w/attachments, in support of [35-1] Motion for Summary Judgment purs to Rule 56(b), by OCAW International, Local 3-495 OCAW & Alliant Techsystems (kjh)

Aug. 21, 1998

Aug. 21, 1998

PACER
39

REPLY MEMORANDUM, w/attachments, by Fredric N. Jones, to the 8/17/98 Defts' consolidated opposition memorandum to [33-1] Plaintiff's Motion for Partial Summary Judgment (kjh) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

PACER

COURT HEARING: Parties present by Counsel for [35-1] Defts' Motion for Summary Judgment & for [34-1] & [33-1] Plaintiff's Motions for Summary Judgment. Arguments presented. Court takes motions under advisement; Order forthcoming (Judge Jackson L. Kiser, OCR Barbara Taylor) (kjh)

Aug. 24, 1998

Aug. 24, 1998

PACER
41

DEFTS' CONSOLIDATED REPLY MEMORANDUM, w/attachments, in support of [35-1] motion for Summary Judgment purs to Rule 56(b) (kjh)

Aug. 24, 1998

Aug. 24, 1998

PACER
42

ORDER: Granting in part & Denying in part [16-1] Plaintiff's Motion to Compel. Defts' are directed to provide Mr Gentry's medical records/prescriptions as stated in Order (signed by USMJ Glen E. Conrad) (kjh)

Aug. 24, 1998

Aug. 24, 1998

PACER
43

MEMORANDUM OPINION ( signed by Senior Judge Jackson L. Kiser ) (emh)

Sept. 18, 1998

Sept. 18, 1998

Clearinghouse
44

ORDER denying [35-1] motion for Summary Judgment purs to Rule 56(b), granting [34-1] motion for Summary Judgment on all issues except damages, granting [33-1] motion for Partial Summary Judgment ( signed by Senior Judge Jackson L. Kiser ) (emh)

Sept. 18, 1998

Sept. 18, 1998

PACER
45

MOTION to Certify Court's order of 9/18/98 for interlocutory appeal & to Stay further proceedings, by Alliant Techsystems, Local 3-495 OCAW & OCAW International (kjh)

Oct. 28, 1998

Oct. 28, 1998

PACER
46

MEMORANDUM in support of [45-1] Motion to Certify Court's order of 9/18/98 for interlocutory appeal & [45-2] Motion to Stay further proceedings, by OCAW International, Local 3-495 OCAW & Alliant Techsystems (kjh)

Oct. 28, 1998

Oct. 28, 1998

PACER
47

GENERAL OBJECTIONS TO DAMAGES RECOVERY, by Alliant Techsystems, Local 3-495 OCAW & OCAW International (kjh)

Oct. 28, 1998

Oct. 28, 1998

PACER
48

MOTION to Compel Discovery, by Fredric N. Jones (kjh)

Nov. 5, 1998

Nov. 5, 1998

PACER
49

BRIEF, w/Attachments, in Support of [48-1] Motion to Compel Discovery, by Fredric N. Jones (kjh)

Nov. 5, 1998

Nov. 5, 1998

PACER

CERTIFICATE OF RULE 37(a)(2) COMPLIANCE, by Frederick Jones (kjh)

Nov. 5, 1998

Nov. 5, 1998

PACER
50

RESPONSE, by Fredric N. Jones, in Opposition to [45-1] Defts' Motion to Certify Court's order of 9/18/98 for interlocutory appeal & in opposition to [45-2] Defts' Motion to Stay further proceedings (kjh)

Nov. 5, 1998

Nov. 5, 1998

PACER
51

MEMORANDUM by EEOC in opposition to [45-1] motion to Certify Court's order of 9/18/98 for interlocutory appeal by OCAW International, Local 3-495 OCAW, Alliant Techsystems, and [45-2] motion to Stay further proceedings by OCAW International, Local 3-495 OCAW, Alliant Techsystems (emh) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER

Deadline updated; Set Jury Trial for 9:30 3/8/99. Trial is expected to last 2 days (sig)

Nov. 10, 1998

Nov. 10, 1998

PACER
52

MEMORANDUM OPINION (signed by Judge Jackson L. Kiser) (kjh)

Dec. 4, 1998

Dec. 4, 1998

PACER
53

ORDER: Denying [45-1] Defts' Motion to Certify Court's order of 9/18/98 for interlocutory appeal & Denying [45-2] Motion to Stay further proceedings (signed by Judge Jackson L. Kiser) (kjh)

Dec. 4, 1998

Dec. 4, 1998

PACER

LETTER from defts. advising Court Motion to Certify Order for Interlocutory Appeal, etc. is submitted only on briefs; oral argument not requested (emh)

Dec. 11, 1998

Dec. 11, 1998

PACER

LETTER STATUS REPORT submitted, by Fredric N. Jones (kjh)

Jan. 25, 1999

Jan. 25, 1999

PACER

LETTER STATUS REPORT submitted, by The EEOC (kjh)

Jan. 26, 1999

Jan. 26, 1999

PACER

LETTER STATUS REPORT, by The EEOC (kjh)

Jan. 29, 1999

Jan. 29, 1999

PACER
54

STIPULATION OF MONETARY & OTHER RELIEF (agreed) (kjh)

March 2, 1999

March 2, 1999

PACER
55

JUDGMENT for Fredric N. Jones against Local 3-495 OCAW, Alliant Techsystems, OCAW International in the amount of $ 20,000 jointly and severally JL&D p288, line 15 and whatever else is set forth in the order ( signed by Senior Judge Jackson L. Kiser ) (lmh)

March 9, 1999

March 9, 1999

PACER

Case closed (lmh)

March 9, 1999

March 9, 1999

PACER
56

NOTICE OF APPEAL by Alliant Techsystems. FILING FEE $105.00; RECEIPT # 91772; Order appealed: 3/9/99 Order by Judge Jackson L. Kiser) (emh)

March 16, 1999

March 16, 1999

PACER
57

NOTICE OF APPEAL by Local 3-495 OCAW, OCAW International. FILING FEE $ 105.00; RECEIPT # 91773; Order appealed: 3/9/99 Order by Judge Jackson L. Kiser) (emh)

March 16, 1999

March 16, 1999

PACER

Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [57-1] appeal by OCAW International, Local 3-495 OCAW, [56-1] appeal by Alliant Techsystems (emh)

March 16, 1999

March 16, 1999

PACER
58

ORDER DIRECTING Appellants to Post Cost Bond, with Proper Surety, in Penal Amount of $ 500.00 within Ten Days ( signed by Senior Judge Jackson L. Kiser ) (emh)

March 19, 1999

March 19, 1999

PACER

APPEAL BOND ($ 500.00) by Alliant Techsystems (emh)

March 25, 1999

March 25, 1999

PACER

NOTICE of Docketing ROA from USCA Re: [56-1] appeal by Alliant Techsystems USCA Number: 99-1375 (consolidated w/99-1377) Docket Clerk Sharon A. Wiley (emh)

March 26, 1999

March 26, 1999

PACER

NOTICE of Docketing ROA from USCA Re: [57-1] appeal by OCAW International, Local 3-495 OCAW USCA Number: 99-1377 (consolidated w/99-1375 Docket Clerk Sharon A. Wiley (emh)

March 26, 1999

March 26, 1999

PACER

Transcript requested [56-1] appeal by Alliant Techsystems for dates of August 24, 1998 (jcj)

March 26, 1999

March 26, 1999

PACER

APPEAL BOND ($ 500.00) by Local 3-495 OCAW (emh)

March 29, 1999

March 29, 1999

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 3, 1998

Closing Date: Aug. 20, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oil, Chemical and Atomic Workers Int'l Union, AFL-CIO (Unknown), Private Entity/Person

Local 3-495, Oil, Chemical and Atomic Workers Int'l Union (Radford, VA), Private Entity/Person

Alliant Techsystems, Inc. (Radford, VA), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 20000

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit