University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Applegate Holding Company EE-MI-0014
Docket / Court 5:04CV0167 ( W.D. Mich. )
State/Territory Michigan
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Detroit District Office of the EEOC brought this action in the U.S. District Court for the Western District of Michigan, Southern Division, against Applegate Holding Co. LLC. The complaint, filed in September 2004, alleged sex and religious discrimination in violation of Title VII of the Civil ... read more >
The Detroit District Office of the EEOC brought this action in the U.S. District Court for the Western District of Michigan, Southern Division, against Applegate Holding Co. LLC. The complaint, filed in September 2004, alleged sex and religious discrimination in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that Defendant subjected the charging party to unwelcome and offensive religiously-based material, harassed her based on her religion and subjected female employees to a hostile work environment based on their sex. Alleged events included Defendant stapling religious and biblical articles to the charging party's pay checks and making derogatory comments about women in the workplace.

In January 2005, Defendant moved for summary judgment. In May 2005, partial summary judgment was awarded to Defendant. The parties reached a settlement agreement and in January 2006 proposed a consent decree which was signed in April 2006. The decree, which was valid two years, for included non-discrimination and non-retaliation provisions and required Defendant to pay the class a total of $130,000.00, provide mandatory Title VII training to all of its employees, refrain from handing out any religious based material in the office, distribute an anti-discrimination policy to its employees, and post a non-discrimination notice in a conspicuous location at its facilities.

Kevin Wilemon - 06/07/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Religion 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) Advance Employment Services
Applegate Holding Co.
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 - 2008
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)
5:04-cv-00167-RAE (W.D. Mich.) 04/10/2006
EE-MI-0014-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2004
EE-MI-0014-0001 PDF | Detail
Amended Complaint and Jury Trial Demand 12/14/2004
EE-MI-0014-0002 PDF | Detail
Order and Partial Judgment 05/19/2005 (W.D. Mich.)
EE-MI-0014-0004 PDF | Detail
Opinion 05/19/2005 (2005 WL 1189601) (W.D. Mich.)
EE-MI-0014-0007 PDF | WESTLAW | Detail
Order to Show Cause 02/10/2006 (W.D. Mich.)
EE-MI-0014-0005 PDF | Detail
Consent Decree 04/10/2006
EE-MI-0014-0006 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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