University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HORA, INC., d/b/a DAYS INN AND MARSHALL MANAGEMENT, INC. EE-PA-0088
Docket / Court 03-1429 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 2003, the Philadelphia Office of the EEOC filed this lawsuit against Hora, Inc., doing business as Days Inn, and Marshall Management, Inc., the company contracting to manage the facility, in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination on the ... read more >
In March 2003, the Philadelphia Office of the EEOC filed this lawsuit against Hora, Inc., doing business as Days Inn, and Marshall Management, Inc., the company contracting to manage the facility, in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants subjected the complaining party to a sexually hostile work environment and terminated her in retaliation for complaining about her treatment. Following some discovery and a settlement conference, the parties settled the lawsuit in December 2005 prior to a decision on defendant's motion for summary judgment.

A Consent Decree was entered in this case on December 8th, 2005. This Decree required the Defendant to: pay the charging party $12,000, expunge the charging party's employment record, keep the charging party's involvement in this suit confidential from potential employers, post notice of EEO rights, and provide training to its managers, superivors, owners, and Human Resource personnel. This Consent Decree further requires the Defendant to refrain from discrimination or retaliation, and is in effect for two years.

Keri Livingston - 01/27/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Hora, Inc.
Marshall Management, 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 - 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)
05-5393 (U.S. Court of Appeals) 06/29/2007
EE-PA-0088-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
2:03−cv−01429 (E.D. Pa.) 09/13/2007
EE-PA-0088-9002 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/06/2003
EE-PA-0088-0001 PDF | Detail
Complaint of Intervenor 10/09/2003
EE-PA-0088-0002 PDF | Detail
Order [Dismissing Case] 10/14/2005 (E.D. Pa.)
EE-PA-0088-0003 PDF | Detail
Consent Decree 12/09/2005
EE-PA-0088-0004 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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