University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE PLAZA HOTEL INC EE-NY-0170
Docket / Court 1:03-cv-07680-LTS-FM ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the New York District Office of the EEOC brought a Title VII discrimination against The Plaza Hotel and Fairmont Hotels and Resorts, Inc., a luxury hotel, in the U.S. District Court for the Southern District of New York. The complaint alleged that the defendant discriminated ... read more >
In September 2003, the New York District Office of the EEOC brought a Title VII discrimination against The Plaza Hotel and Fairmont Hotels and Resorts, Inc., a luxury hotel, in the U.S. District Court for the Southern District of New York. The complaint alleged that the defendant discriminated against the charging parties by subjecting them to a hostile work environment because of their religion (Muslim) and national origin (Arab or South Asian). Specifically, after September 11, 2001, the defendant (through supervisors and co-workers) began calling the charging parties "Osama", "Al-Qaeda", and "Taliban". The charging parties intervened in the suit in January 2004. The defendants moved for dismissal due to lack of subject matter jurisdiction, which was denied. The EEOC tried to add three additional parties to the suit, but the court only allowed two of the three parties to join in the suit in February 2005. The parties settled by entry of a consent decree in June 2005, although one plaintiff continued pretrial discovery activities before his an order of discontinuance was issued in January 2006.

The consent decree including an anti-discrimination and anti-retaliation provision, training for managers and supervisors and all other employees on Fairmont's new anti-discrimination that it had to implement, and payment of $525,000 to the 12 claimants.

Kevin Wilemon - 06/07/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Fairmont Hotel Management LP
Fairmont Hotels and Resorts, Inc.
The Plaza Hotel
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 2005 - 2008
Case Closing Year 2005
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)
1:03-cv-07680-LTS-FM (S.D.N.Y.) 01/26/2006
EE-NY-0170-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC Press Release (Announcing Suit Filed) 09/30/2003
EE-NY-0170-0003.pdf | Detail
Memorandum Order 08/13/2004 (2004 WL 1803269 / 2004 U.S.Dist.LEXIS 15863) (S.D.N.Y.)
EE-NY-0170-0006.pdf | WESTLAW| LEXIS | Detail
Memorandum Decision 02/07/2005 (2005 WL 309770 / 2005 U.S.Dist.LEXIS 1776) (S.D.N.Y.)
EE-NY-0170-0007.pdf | WESTLAW| LEXIS | Detail
EEOC Press Release (Announcing Settlement) 06/08/2005
EE-NY-0170-0004.pdf | Detail
EEOC Litigation Settlement Report (June 2005) 06/30/2005
EE-NY-0170-0005.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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