University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Hugh O'Kane Electric EE-MD-0054
Docket / Court 8:02-cv-02503-BEL ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On July 30, 2002, the Baltimore District Office of the Equal Employment Opportunity Commission brought this action in the District of Maryland under Title VII of the Civil Rights Act of 1964 against Hugh O'Kane Electric Co. (HOK), an electric and telecommunications company. The EEOC alleged that ... read more >
On July 30, 2002, the Baltimore District Office of the Equal Employment Opportunity Commission brought this action in the District of Maryland under Title VII of the Civil Rights Act of 1964 against Hugh O'Kane Electric Co. (HOK), an electric and telecommunications company. The EEOC alleged that HOK had violated Title VII by by subjecting numerous employees to harassment based on their race (black) and their national origin (Afghan, Nigerian, Sudanese, and Cameroonian) and by retaliating against and discharging its employees on the basis of race and national origin.

On November 12, 2002, a former employee of HOK sought to intervene in the lawsuit. His motion was dismissed as moot on July 31, 2003 as he was participating in settlement proceedings.

On November 19, 2002, this case was consolidated for the purpose of discovery with an action against the same defendant. That action was brought by nine former employees of HOK who accused HOK of discrimination on the basis of race and national origin. See Nestor v. Hugh O'Kane Electric, docket number 8:02-cv-01786.

The case then settled; a Consent Decree was signed on August 8, 2003 and applied to this case as well as Nestor v. Hugh O'Kane Electric. HOK was enjoined against violating Title VII by discriminating against any person based on race or national origin, and were further enjoined against retaliating against individuals who complained of discriminatory practices. HOK was also required to implement a written policy on race and national origin harassment as well as train its management and employee workforce on discrimination laws. Twenty individual employees were awarded a total of $1,100,000.

Jennifer Gitter - 03/20/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Provide antidiscrimination training
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Training
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Hugh O'Kane Electric Co.
Plaintiff Description The Equal Employment Opportunity Commission and former employees of Hugh O'Kane Electric who accused the company of engaging in discrimination based on race and national origin.
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 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)
8:02-cv-02503-BEL (D. Md.) 08/08/2003
EE-MD-0054-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Defendant's Motion to Consolidate for Purposes of Discovery 11/18/2002 (D. Md.)
EE-MD-0054-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/08/2003
EE-MD-0054-0001 PDF | Detail
EEOC Litigation Settlement Report (July 2003) 08/08/2003
EE-MD-0054-0002 PDF | Detail
Settlement Order 10/30/2003 (D. Md.)
EE-MD-0054-0003 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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