University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. TRATAROS CONSTRUCTION, INC. EE-NY-0173
Docket / Court 1:01-cv-05127-DLI ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In August 2001, the EEOC district office in New York brought this action against Trataros Construction, Inc., in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant violated Title VII of the Civil Rights Act by discriminating against female ... read more >
In August 2001, the EEOC district office in New York brought this action against Trataros Construction, Inc., in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant violated Title VII of the Civil Rights Act by discriminating against female employees because of their sex.

The case was primarily characterized by a battle between the defendant and its insurance company for indemnification. After the EEOC filed its suit, three private parties intervened as plaintiffs. Trataros then brought an impleader complaint under Federal Rule 14 against Admiral insurance. The intervenor-plaintiffs then filed their own complaint against Admiral. Admiral moved to dismiss the intervenors' claims under Federal Rule 12(b)(6), while the intervenors filed a cross-motion for summary judgment against Admiral. Admiral won on this front, with the court dismissing the intervenors' claims against it. Admiral and Trataros also filed cross-motions for summary judgment against one another; Admiral's motion was denied, while Trataros's was granted.

In March 2005 the case was settled, and a consent decree entered. The defendant agreed to pay a total of $355,000, with $200,000 going directly to the aggrieved parties and the remainder for attorneys fees. Because the defendant went out of business, the injunctive relief is all conditioned on the defendant resuming its business operations; if it does so, it must provide EEO training to all its staff, post an EEO notice, revise its EEO policy, implement a complaint procedure, refrain from retaliating and discriminating based on sex, and work with a women's labor advocacy group to help recruit, train, and promote women in labor.

Jason Chester - 08/01/2007


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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
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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
Defendant(s) Admiral Insurance Company
Trataros Construction, 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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2010
Case Closing Year 2005
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)
1:01-cv-05127-DLI (E.D.N.Y.) 04/27/2005
EE-NY-0173-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum & Order 03/31/2004 (E.D.N.Y.)
EE-NY-0173-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order 08/19/2004 (E.D.N.Y.)
EE-NY-0173-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/16/2005
EE-NY-0173-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (March 2005) 03/16/2005
EE-NY-0173-0004.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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