University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Pinnacle Nissan, Inc. EE-AZ-0085
Docket / Court 2:00-cv-01872-MHM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Phoenix District Office of the EEOC brought this lawsuit against Pinnacle Nissan, Inc. in the U.S. District Court for the District of Arizona. The EEOC alleged that defendant, a car dealership, subjected employees to a hostile working environment based upon their national origin (Middle-Eastern ... read more >
The Phoenix District Office of the EEOC brought this lawsuit against Pinnacle Nissan, Inc. in the U.S. District Court for the District of Arizona. The EEOC alleged that defendant, a car dealership, subjected employees to a hostile working environment based upon their national origin (Middle-Eastern and Hispanic) and religion (Jewish) and retaliated against those employees who opposed discrimination in violation of Title VII. The three charging parties, former employees of the defendant, intervened in the suit in December 2000, also representing a class of four other former employees of similar circumstance. Following extensive discovery, multiple partial summary judgment motions, and an interlocutory appeal by the defendant to the Ninth Circuit that was stayed through much of the lawsuit, the case was resolved through a consent decree in 2003.

This decree has a duration of two years, contains a non-discrimination and non-retaliation clause, and required the defendant to: evaluate managerial personnel on their performance in responding to employee discrimination complaints, hire an Ombudsperson to review its anti-discrimination policies, establish a diversity awareness program, investigate complaints of discrimination, and pay $521,000 to be distributed to seven complainants and their counsel, including attorneys fees and costs.

Additionally, this decree required employee training, in the form of live and videotaped seminars to occur once a year, for two years. Each session was to be no less than three hours, and was to include 30 minutes for questions and answers.

Keri Livingston - 10/05/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
American Indian/Alaskan Native
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) ABC Nissan
ABC Nissan
Pinnacle Nissan Inc
Pinnacle Nissan, 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 2003 - 2005
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)
2:00-cv-01872-MHM (D. Ariz.) 05/06/2003
EE-AZ-0085-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2000
EE-AZ-0085-0003.pdf | Detail
Document Source: District Court
Complaint in Intervention 12/14/2000
EE-AZ-0085-0005.pdf | Detail
Document Source: District Court
EEOC Press Release: "EEOC and Pinnacle Nissan Settle National Origin and Religious Harassment Lawsuit" 02/19/2003
EE-AZ-0085-0002.pdf | Detail
Consent Decree 02/21/2003
EE-AZ-0085-0004.pdf | Detail
Document Source: District Court
EEOC Litigation Settlement Report (February 2003) 04/21/2003
EE-AZ-0085-0001.pdf | Detail
Judges Duncan, David K. (D. Ariz.) [Magistrate]
EE-AZ-0085-9000
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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