University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DMS DIRECT MARKETING SERVICES INC et al EE-AZ-0042
Docket / Court 2:99-cv-01766-SMM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1999, the Phoenix District Office of the EEOC brought this suit against DMS Direct Marketing Services, Inc., aka Direct Marketing Services, Inc., and related businesses in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint; however, it appears ... read more >
In September 1999, the Phoenix District Office of the EEOC brought this suit against DMS Direct Marketing Services, Inc., aka Direct Marketing Services, Inc., and related businesses in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint; however, it appears from an EEOC press release that the complaint alleged that the defendant discriminated against eleven individuals on the basis of race in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected the individuals to racial harassment, paid them unequal wages, and denied them promotions because of their race, Black. Six charging parties intervened in the suit in November 1999. After some discovery, the parties settled in May 2000 through a consent decree.

The consent decree contained non-discrimination and non-retaliation clauses and required the defendant to: provide Title VII training for all its employees, maintain all relevant documents, post an anti-discrimination notice, evaluate supervisory and human resource personnel on their response to complaints of discrimination, and pay $700,000. Additionally the defendant was required to apologize to each charging party and expunge their employment records.

Keri Livingston - 07/30/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Apology
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
National origin discrimination
Pregnancy discrimination
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) ACMR Enterprises, Inc.
CSG Inc.
DMS Direct Marketing Services, Inc.
Universal Teleservices Arizona Corporation
Universal Teleservices Network Corporation
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 2000 - 2002
Case Closing Year 2000
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)
2:99-cv-01766-SMM (D. Ariz.) 05/05/2000
EE-AZ-0042-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/1999
EE-AZ-0042-0002.pdf | Detail
Document Source: District Court
Intervenors Complaint 11/26/1999
EE-AZ-0042-0004.pdf | Detail
Document Source: District Court
EEOC Press Release 05/05/2000
EE-AZ-0042-0001.pdf | Detail
Consent Decree 05/05/2000
EE-AZ-0042-0003.pdf | Detail
Document Source: District Court
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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