University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MAGGIE'S PARATRANSIT CORP. AND KENN EE-NY-0096
Docket / Court 1:03-cv-06087-NGG-KAM ( 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 December 2003, the EEOC's New York City office filed this suit in the U.S. District Court for the Eastern District of New York against Maggie's Para Transit Corp. alleging violations Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the defendant had, through its ... read more >
In December 2003, the EEOC's New York City office filed this suit in the U.S. District Court for the Eastern District of New York against Maggie's Para Transit Corp. alleging violations Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the defendant had, through its agents, sexually harassed a number of females and retaliated against two of them by firing one and disciplining another for complaining. The allegations of sexual harassment included grievous verbal and physical incidents, including rape. The defendant moved to dismiss the EEOC's allegation that the harassment was part of a pattern and practice, and the motion was granted in part and denied in part. The parties were referred to mediation in November 2004 and returned to the court with a favorable settlement in January 2005.

The court approved a consent decree May 2005. The decree ordered the defendant to pay $110,000 to six different complainants. Further, the defendant was enjoined from discriminating or retaliating in the future and required to develop and institute training procedures and follow compliance, reporting requirements and grant access to its facilities to the EEOC for the purpose of monitoring compliance.

Shankar Viswanathan - 08/07/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Maggie's Para Transit Corp.
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 - 2007
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)
1:03-cv-06087-NGG-KAM (E.D.N.Y.) 05/26/2005
EE-NY-0096-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 03/19/2004
EE-NY-0096-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Re Motion to Dismiss] 11/30/2004 (E.D.N.Y.)
EE-NY-0096-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order [Re Interlocutory Appeal] 01/06/2005 (351 F.Supp.2d 51) (E.D.N.Y.)
EE-NY-0096-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 05/26/2005
EE-NY-0096-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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