University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PROGRESSIVE RESIDENTIAL SERVICES EE-NM-0038
Docket / Court 6:05-cv-01027-MV-KBM ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
This Title VII action was brought in the U.S District Court for the District of New Mexico, against Progressive Residential Services, Inc. The complaint, filed in September 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that ... read more >
This Title VII action was brought in the U.S District Court for the District of New Mexico, against Progressive Residential Services, Inc. The complaint, filed in September 2005, alleged sex and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected charging party to disparate treatment in the terms, conditions and privileges of her employment because of her sex (female) and then discharged her because of her sex and her pregnancy.

The parties entered into a consent decree in August 2006. The decree was valid for three years, and required Defendant to pay a total of $50,000 ($30,000 to the charging party and $20,000 to another female employee). Defendant was enjoined from discrimination and retaliation in violation of Title VII and required to revise its anti-discrimination policy, provide Title VII training to its employees, post and distribute a notice of non-discrimination at its facility, and report regularly to the EEOC about its compliance with the decree.

Shankar Viswanathan - 07/12/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Progressive Residential Serivces, 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 2006 - 2009
Case Closing Year 2006
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)
6:05-cv-01027-MV-KBM (D.N.M.) 08/31/2006
EE-NM-0038-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/26/2005
EE-NM-0038-0001 PDF | Detail
Consent Decree 08/29/2006
EE-NM-0038-0002 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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