University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Antigua, Inc., d/b/a/ Miki's Coffee Shop EE-NM-0009
Docket / Court CIV 01 861 JC/KBM ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In this Title VII case, brought in the District of New Mexico by the EEOC's Washington, D.C. office (along with the Phoenix and Albuquerque offices) in July 2001, the complaint alleged that the defendant sexually harassed, including sexually assaulted, and discriminated against the fifteen year old ... read more >
In this Title VII case, brought in the District of New Mexico by the EEOC's Washington, D.C. office (along with the Phoenix and Albuquerque offices) in July 2001, the complaint alleged that the defendant sexually harassed, including sexually assaulted, and discriminated against the fifteen year old female charging party because of her sex. The charging party intervened in the suit in February 2002 (adding causes of action for state law claims). The defendant filed for bankruptcy in January 2002. The court entered a default judgment in favor of the EEOC and the charging party in March and October of 2002.

The default judgment required the defendant to pay the charging party $50,000 in compensatory and punitive damages under Title VII, $3,240 in back pay under Title VII, $1,000,000 for severe pain, trauma, and permanent psychological injury, $200,000 in punitive damages, and reasonable attorney fees. The defendant was also required to enjoin from discrimination based on sex, to institute and carry out policies, practices, and programs of equal opportunity, and to report to the EEOC if it plans to reenter business in New Mexico.

Kevin Wilemon - 05/31/2007


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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
Reporting
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
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
Defendant(s) Antigua, 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 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)
1:01-cv-00861-JEC-KBM (D.N.M.) 02/03/2003
EE-NM-0009-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/26/2001
EE-NM-0009-0001 PDF | Detail
Complaint in Intervention 03/07/2002
EE-NM-0009-0003 PDF | Detail
Order of Judgment by Default 03/29/2002 (D.N.M.)
EE-NM-0009-0004 PDF | Detail
Order of Judgment by Default 10/04/2002 (D.N.M.)
EE-NM-0009-0005 PDF | Detail
Order Adopting Magistrate Judge’s Proposed Findings and Recommended Disposition and Final Judgment 02/03/2003 (D.N.M.)
EE-NM-0009-0009 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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