University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SOUTHWEST AIRLINES EE-CA-0208
Docket / Court C-06-5989 JSW ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the San Francisco office of the EEOC brought this Title VII suit against Southwest Airlines Co. in the U.S. District Court for the California Northern District. The complaint alleged that the defendant subject the charging parties (and others similarly situated) to a hostile work ... read more >
In September 2006, the San Francisco office of the EEOC brought this Title VII suit against Southwest Airlines Co. in the U.S. District Court for the California Northern District. The complaint alleged that the defendant subject the charging parties (and others similarly situated) to a hostile work environment based on her sex. After mediation, the case settled by entry of a consent decree in March 2007.

The one year consent decree includes an anti-harassment provision, anti-retaliation provision, payment of $100,000 to the charging parties, enhancement of harassment policy, two hours of harassment and retaliation training for managers, supervisor accountability, expungement of records, and reports to the EEOC on the training and any sexual harassment complaints.

Kevin Wilemon - 06/06/2007


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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
Implement complaint/dispute resolution process
Neutral/Positive Reference
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
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Southwest Airlines Co.
Southwest Airlines 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 2007 - 2008
Case Closing Year 2007
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)
C-06-5989 JSW (N.D. Cal.) 03/16/2007
EE-CA-0208-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2006
EE-CA-0208-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree [Proposed] 03/15/2007
EE-CA-0208-0002.pdf | Detail
Consent Decree 03/16/2007
EE-CA-0208-0003.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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