University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Asplundh Tree Expert Co. EE-LA-0005
Docket / Court 5:02-cv-00887-SMH-RSP ( W.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 May 3, 2002, the New Orleans office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Asplundh Tree Expert Co. in the U.S. District Court for the Western District of Louisiana. The EEOC alleged that the defendants had violated the rights of the complaintant ... read more >
On May 3, 2002, the New Orleans office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Asplundh Tree Expert Co. in the U.S. District Court for the Western District of Louisiana. The EEOC alleged that the defendants had violated the rights of the complaintant by subjecting him to a pattern of sexual harassment in the workplace.

On July 2, 2002, four individuals filed a motion to intervene in the lawsuit as private plaintiffs, and on August 21, 2002, the district court granted their motion to intervene.

On October 6, 2003, the EEOC and the defendants filed a consent decree with the district court. The decree explicitly stated that it did not purport to settle any of the claims of the plaintiff-intervenors. Under the terms of the decree, the defendants were to provide sexual harassment training to all employees in the Shreveport, Louisiana location of the business, and to post and distribute notices of the company's anti-discrimination policies. The defendants also agreed to provide 4 reports over the duration of the consent decree, which was to last for 2 years.

Kristen Sagar - 02/13/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
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
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Asplundh Tree Expert Co.
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2003 - 2005
Case Closing Year 2003
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)
5:02-cv-00887-SMH-RSP (W.D. La.) 12/03/2003
EE-LA-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/03/2002
EE-LA-0005-0001.pdf | Detail
Complaint in Intervention 08/21/2002
EE-LA-0005-0002.pdf | Detail
Consent Decree 10/08/2003
EE-LA-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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