University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Garden City Plastics Equipment and Supply Company, Inc. EE-MO-0035
Docket / Court 4:04-cv-00726-DW ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2004, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Garden City Plastics Equipment and Supply Co., Inc. and Plastic Packaging Concepts, Inc. in the U.S. District Court for the Western District of Missouri alleging ... read more >
In August 2004, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Garden City Plastics Equipment and Supply Co., Inc. and Plastic Packaging Concepts, Inc. in the U.S. District Court for the Western District of Missouri alleging that the defendants discriminated and retaliated in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the charging party, a female employee, to sexual harassment consisting of unwelcome sexual comments and inappropriate touching. In addition, the defendants retaliated against the charging party by terminating her employment when she complained of the harassment. The defendants filed two motions to dismiss the case in October 2004. Later that month, the charging party intervened in the suit. The defendants' motions to dismiss were denied in December 2004. After a great amount of discovery and some scheduling orders, the case was tried by a jury in August 2006 with the jury returning a verdict for the plaintiff. The court entered judgment in favor of the plaintiffs in mid September, and granted the plaintiffs' motion for permanent injunctive relief in mid October.

The complainant was awarded $1000 in compensatory damages and $200,000 in punitive damages. However, the Court's injunction prohibited the defendants from discriminating and required them to: establish a complaint procedure for reporting sexual harassment, establish discipline procedures for individuals who participate in sexual harassment, create and distribute a sexual harassment policy, expunge the charging party's personnel file of all references to the charge of discrimination, and provide her with a neutral employment reference. EEOC v. Garden City Plastics Equipment and Supply Co., Inc., No. Civ. 04-00726, 2006 WL 3207714 (W.D.Mo. Oct. 18, 2006).

Kevin Wilemon - 07/26/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in 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
State Anti-Discrimination Law
Defendant(s) Garden City Plastics Equipment and Supply Co., Inc.
Plastic Packaging Concepts, Inc.
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 Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2006
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)
4:04-cv-00726-DW (W.D. Mo.) 10/27/2006
EE-MO-0035-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's First Amended Complaint in Intervention 11/09/2004
EE-MO-0035-0002.pdf | Detail
Plaintiff's First Amended Complaint 11/18/2004
EE-MO-0035-0001.pdf | Detail
Order [Denying Dft's Motion to Dismiss] 12/27/2004 (W.D. Mo.)
EE-MO-0035-0003.pdf | Detail
Order [Re Discovery] 04/05/2006 (W.D. Mo.)
EE-MO-0035-0004.pdf | Detail
Order [Re: Dft's Motions in Limine] 08/07/2006 (W.D. Mo.)
EE-MO-0035-0005.pdf | Detail
Verdict 08/24/2006
EE-MO-0035-0006.pdf | Detail
Verdict 08/24/2006
EE-MO-0035-0007.pdf | Detail
Order [Denying Defendant's Motion for Directed Verdict] 09/11/2006 (W.D. Mo.)
EE-MO-0035-0008.pdf | Detail
Order [Granting in Part Plaintiff's Motion for Injunctive Relief] 10/18/2006 (2006 WL 3207714 / 2006 U.S.Dist.LEXIS 83532) (W.D. Mo.)
EE-MO-0035-0009.pdf | WESTLAW| LEXIS | 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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