University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Paragary's Management Group EE-CA-0161
Docket / Court 2:05-cv-01983-MCE-DAD ( E.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 29, 2005, the San Francisco District Office of the EEOC filed this lawsuit in the U.S. District Court for the Eastern District of California. The EEOC sued Paragary's Management Group, Paramoor, Inc., and PDK Partnership under Title VII of the Civil Rights Act of 1964, representing ... read more >
On September 29, 2005, the San Francisco District Office of the EEOC filed this lawsuit in the U.S. District Court for the Eastern District of California. The EEOC sued Paragary's Management Group, Paramoor, Inc., and PDK Partnership under Title VII of the Civil Rights Act of 1964, representing claimants who alleged the defendants had subjected them to a hostile work environment and disparate treatment. The EEOC sought a permanent injunction enjoining the decedent from future harassment or discrimination, and also sought backpay and monetary compensation.

Specifically, the claimants alleged sexual harassment in the form of verbal and physical acts. They further alleged that the defendant had discriminated against them as Mexican females by providing different terms and conditions of employment, requiring them to do the work of non-Mexican female employees, and denying them breaks and requested leave.

On April 29, 2009, U.S. District Judge Morrison C. England approved and ordered a consent decree to be in effect for three years. The consent decree required the defendant to issue an anti-harassment policy, impose a complaint procedure, use outside consultant to train all employees, and prepare reference letters for the claimants. The decree also required that the defendant pay $60,000 in damages to the claimants.

Kevin Wilemon - 05/23/2008
Gabriela Hybel - 10/30/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Paragary's Management Group
Paragary's Management Group
Paramoor, Inc.
Paramoor, Inc.
PDK Partnership
PDK Partnership
PK Partnership
PK Partnership
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 2009 - 2012
Case Closing Year 2012
Case Ongoing Unknown
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)
2:05-cv-01983-MCE-DAD (E.D. Cal.) 04/29/2009
EE-CA-0161-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2005
EE-CA-0161-0001.pdf | Detail
First Amended Complaint 11/17/2005
EE-CA-0161-0002.pdf | Detail
Consent Decree 04/28/2009
EE-CA-0161-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges England, Morrison C. Jr. (E.D. Cal.)
EE-CA-0161-0003 | EE-CA-0161-9000
Monitors/Masters None on record
Plaintiff's Lawyers Esparza-Cervantes, Elizabeth (California)
EE-CA-0161-9000
Hernandez, Evangelina Patricia (California)
EE-CA-0161-9000
O'hara, Cindy S (California)
EE-CA-0161-0003
Offen-Brown, David F. (California)
EE-CA-0161-9000
Peck, Jonathan T. (California)
EE-CA-0161-0003
Tamayo, William Robert (California)
EE-CA-0161-0003
Defendant's Lawyers Christian, Michael J (California)
EE-CA-0161-9000
Parker, Alden John (California)
EE-CA-0161-0003 | EE-CA-0161-9000
Other Lawyers None on record

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