University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Tesorov v. Simat, Helliesen EE-NY-0145
Docket / Court 1:97-cv-07176-KMW-MHD ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Case Summary
On September 24, 1997, five female employees filed a U.S. district court lawsuit in the Southern District of New York under Title VII of the Civil Rights Act of 1964, against airline consulting firm Simat, Helliesen & Eichner (SH&E) and Reed Elseveir, a publishing company affiliated with SH&E. The ... read more >
On September 24, 1997, five female employees filed a U.S. district court lawsuit in the Southern District of New York under Title VII of the Civil Rights Act of 1964, against airline consulting firm Simat, Helliesen & Eichner (SH&E) and Reed Elseveir, a publishing company affiliated with SH&E. The plaintiffs, represented by private counsel, claimed that they were subjected to a sexually hostile work environment at SH&E's Manhattan headquarters. Specifically, four of the plaintiffs alleged that they were sexually harassed by SH&E's former president, while the fifth plaintiff claimed she was harassed by a male co-worker. One plaintiff claimed she was discharged in retaliation for reporting the harassment, and another was forced to quit because of the working conditions.

Also on September 24, 1997, the Equal Employment Opportunity Commission filed a similar complaint on behalf of the same plaintiffs in the Southern District of New York against SH&E and Reed (see EEOC v. Simat, Helliesen, & Eichner, Inc., EE-NY-0235 on this site). The two cases were consolidated for discovery purposes April 27, 1998, and were litigated almost entirely together. The EEOC also filed an additional, related complaint on September 20, 2000 (see EEOC v. Simat, Hellisen, & Eichner, Inc., EE-NY-0151 on this site). This third action was litigated separately.

On June 10, 2002, one of the named plaintiffs in this case reached a settlement with the defendants and was awarded $150,000. The remaining plaintiffs and the consolidated actions were not otherwise affected by this settlement agreement.

On February 18, 2003 , Judge Kimba M. Wood approved a consent decree in favor of the four remaining plaintiffs, who were awarded $2,300,000. Defendants were enjoined against discriminating in violation of Title VII and were required to implement a sexual harassment training program for managerial employees. Defendants were further required to actively seek qualified female applicants to fill their professional positions. The consent decree remained in effect for two years.

Jennifer Gitter - 04/23/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Reed Elsevier, Inc.
Simat, Helliesen & Eichner, Inc.
Plaintiff Description Five female employees of an airline consulting company who complained of sexual harassment and retaliation.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
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 2005
Case Ongoing No
Case Listing EE-NY-0151 : EEOC v. Simat, Hellisen, and Eichner, Inc. (S.D.N.Y.)
EE-NY-0235 : EEOC v. Simat, Helliesen, & Eichner, Inc. (S.D.N.Y.)
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)
1:97-cv-07176-KMW-MHD (S.D.N.Y.) 02/18/2003
EE-NY-0145-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:97−cv−07168 (S.D.N.Y.) 02/18/2003
EE-NY-0145-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC Litigation Settlement Report - February 2003 02/14/2002
EE-NY-0145-0002.pdf | Detail
Consent Decree 06/05/2002
EE-NY-0145-0003.pdf | Detail
Document Source: EEOC Regional Office
EEOC Press Release 02/26/2003
EE-NY-0145-0001.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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