Case: EEOC v. American Industrial Sales Corp

6:06-cv-06426 | U.S. District Court for the Western District of New York

Filed Date: Aug. 23, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act of 1964, alleging that the corporation had engaged in sex discrimination against an individual complainant employee and a class of similarly situated women. The EEOC sought injunctive and monetary reli…

On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act of 1964, alleging that the corporation had engaged in sex discrimination against an individual complainant employee and a class of similarly situated women. The EEOC sought injunctive and monetary relief.

Specifically, EEOC alleged that the company's owner, President, and Vice President had engaged in sexually harassing conduct, including inappropriate and unwanted touching, sexual advances, and demands for sexual favors, all of which had created a hostile work environment. When individual employees complained about these actions, they were terminated.

For the following year the parties engaged in discovery. In September 2007, Judge Jonathan W. Feldman referred the case to mediation.

On May 13, 2008, the court entered a consent decree. This decree required the defendants to adopt anti-discrimination policies, train their employees to adhere to the policies, report to the EEOC regarding discrimination complaints, and pay the plaintiffs $ 375,000 in monetary damages. The court maintained jurisdiction over the decree for three years.

This case is now closed.

Summary Authors

Justin Kanter (5/28/2008)

Sean Whetstone (5/21/2018)

People


Judge(s)

Feldman, Jonathan W. (New York)

Attorney for Plaintiff

Grossman, Elizabeth (New York)

Malloy, Margaret Ann (New York)

Attorney for Defendant

Harrigan, Christopher J. (New York)

Heary, Robert P. (New York)

Judge(s)

Feldman, Jonathan W. (New York)

Telesca, Michael Anthony (New York)

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Documents in the Clearinghouse

Document

6:06-cv-06426

Docket [PACER]

Equal Employment Opportunity Commission v. American Industrial Sales Corp.

May 13, 2008

May 13, 2008

Docket
1

6:06-cv-06426

Complaint

EEOC v. American Industrial Sales Corp. d/b/a RAK Industries, Inc.

Aug. 23, 2006

Aug. 23, 2006

Complaint
30

6:06-cv-06426

Consent Decree

May 13, 2008

May 13, 2008

Settlement Agreement

Resources

Docket

Last updated March 3, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against American Industrial Sales Corp., filed by Equal Employment Opportunity Commission.(JHF) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

Summons Issued as to American Industrial Sales Corp.(JHF) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. American Industrial Sales Corp. waiver sent on 8/28/2006, answer due 10/27/2006. (Palacios, R) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

3

ANSWER to Complaint by American Industrial Sales Corp..(Heary, Robert) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

4

CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 3 Answer to Complaint (Heary, Robert) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

5

ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Michael A. Telesca on October 26, 2006. (MS, ) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

6

ORDER Scheduling Conference set for 11/29/2006 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/27/2006. (RO) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

7

REPORT of Rule 26(f) Planning Meeting. (Heary, Robert) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

9

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 11/29/2006. Order issued. (RO) (Entered: 12/06/2006)

Nov. 29, 2006

Nov. 29, 2006

8

ORDER: Discovery due by 12/31/2007. Join Parties/Amend Pleadings due by 7/1/2007. Motions due by 2/28/2008. Signed by Hon. Jonathan W. Feldman on 11/29/06. (JHF) Modified on 1/16/2007. (JHF) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

E−Filing Notification: re 8 ORDER, corrected deadline of Join Parties/Amend Pleadings due by to 7/1/2007. Set/Reset Deadlines: Join Parties/Amend Pleadings due by 7/1/2007. (JHF) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

10

NOTICE of Appearance by Margaret Ann Malloy on behalf of Equal Employment Opportunity Commission. Attachment: # 1 Certificate of Service.(JHF) (Entered: 01/18/2007)

Jan. 16, 2007

Jan. 16, 2007

11

MOTION for Extension of Time to File Amended Pleading or Add Parties by Equal Employment Opportunity Commission.Motions referred to Jonathan W. Feldman.(Malloy, Margaret) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

13

NOTICE of Appearance by Christopher J. Harrigan on behalf of American Industrial Sales Corp. (Harrigan, Christopher) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

14

MOTION to Compel Discovery Responses Relating to Employee Identities by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

15

AFFIDAVIT in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff's First Set of Interrogatories# 2 Exhibit Plaintiff's First Set of Document Requests# 3 Exhibit Defendant's Response to Plaintiff's First Set of Interrogatories# 4 Exhibit Defendant's Response to Plaintiff's First Set of Document Requests# 5 Exhibit Letter dated June 12, 2007 from Defendant to Plaintiff# 6 Exhibit Memo Endorsed letter re extension of time to add parties# 7 Exhibit Letter dated July 13, 2007 from Plaintiff to Defendant# 8 Exhibit Letter dated July 18, 2007 from Defendant to Plaintiff)(Malloy, Margaret) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

16

MEMORANDUM in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

NOTICE of Hearing on Motion 14 MOTION to Compel Discovery Responses Relating to Employee Identities : Responses due by 9/19/2007 Motion Hearing (oral argument) set for 10/5/2007 10:00 AM in Courtroom 3 before Hon. Jonathan W. Feldman. (LMD) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

E−Filing Notification: 11 MOTION for Extension of Time to File Amended Pleading or Add Parties PLEASE NOTE: Letters are not e−filed. In the future letter requests such as this should be mailed or faxed to the Court. (LMD) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

17

MEMORANDUM in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Heary, Robert) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

18

AFFIDAVIT of Robert P. Heary in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Attachments: # 1 Exhibit Ashlea Crawford Discrimination Charge# 2 Exhibit EEOC Initial Disclosures# 3 Exhibit EEOC Supplemental Disclosures# 4 Exhibit July 26, 2007 Correspondence)(Heary, Robert) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

19

CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 18 Affidavit in Opposition to Motion, 17 Memorandum in Opposition to Motion (Heary, Robert) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

20

ORDER REFERRING CASE to Mediation. First Mediation Session due by 11/30/2007. Mediation To End by 11/30/2007. In the event settlement is not reached, Oral Argument re 14 motion to compel set for 12/11/2007 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 9/27/07. (JHF) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

21

LETTER ORDER granting extension of time. Stipulation of Selection of Mediator due by 10/19/2007. Signed by Hon. Jonathan W. Feldman on 10/15/2007. (RJO) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

22

Stipulation−Selection of Mediator by American Industrial Sales Corp.(Heary, Robert) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

23

LETTER ORDER granting the parties joint request to modify the 11/29/06 scheduling order to extend all unexpired deadlines for 3 months. Signed by Hon. Jonathan W. Feldman on 10/22/2007. (LMD) (Entered: 10/23/2007)

Oct. 22, 2007

Oct. 22, 2007

24

ORDER Fact Discovery due by 3/31/2008, Plaintiff's shall identify expert witnesses by 1/31/2008, Defendants shall identify expert witnesses by 2/29/2008, All discovery relating to experts shall be completed by 3/31/2008, and Dispositive Motions due by 5/28/2008. Signed by Hon. Jonathan W. Feldman on 10/23/2007. (LMD) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

26

LETTER ORDER granting request for a three week extension. Counsel to contact the Court upon completion of mediation. Oral Argument set for 1/22/2008 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 11/30/2007. (RJO) (Entered: 12/03/2007)

Nov. 30, 2007

Nov. 30, 2007

27

LETTER ORDER granting mediation extension to 1/18/2008. Signed by Hon. Jonathan W. Feldman on 12/26/2007. (RJO) (Entered: 12/26/2007)

Dec. 26, 2007

Dec. 26, 2007

28

LETTER ORDER granting mediation extension to 2/1/2008 and withdrawing without prejudice 14 MOTION to Compel. Signed by Hon. Jonathan W. Feldman on 1/18/08. (JHF) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

29

LETTER ORDER granting mediation extension to 4/15/2008. Signed by Hon. Jonathan W. Feldman on 3/17/2008. (RJO) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

30

CONSENT DECREE AND ORDER. Exhibit D filed under seal. Signed by Hon. Michael A. Telesca on 5/12/08. (JHF) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

31

Sealed Document. (JHF) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 23, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

American Industrial Sales Corp. (Rochester, New York and Las Vegas, Nevada), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 375,000

Order Duration: 2008 - 2011

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Training

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits