University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HAMMON PLATING EE-CA-0097
Docket / Court C-06-6140 RS ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2006, the San Francisco District Office of the EEOC filed this lawsuit against Hammon Plating Corporation in the U.S. District Court for the Northern District of California alleging discrimination on the basis of national origin, Mexican, and gender, female, in violation of Title VII ... read more >
In September 2006, the San Francisco District Office of the EEOC filed this lawsuit against Hammon Plating Corporation in the U.S. District Court for the Northern District of California alleging discrimination on the basis of national origin, Mexican, and gender, female, in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the defendant subjected the complaining parties to a hostile work environment, leading to constructive termination. Following an unsuccessful motion to dismiss by the defendant and some discovery, the parties settled the lawsuit in October 2007 through mediation.

The two-and-a-half year decree, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, develop an anti-discrimination policy, post notice of employee rights, provide EEO training, implement a complaint resolution process, and pay $115,000 to be distributed at the EEOC's sole discretion.

David Friedman - 05/06/2008


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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
Implement complaint/dispute resolution process
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
National origin discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Hammon Plating Corporation
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 - 2010
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)
5:06-cv-06140-RS (N.D. Cal.) 10/22/2007
EE-CA-0097-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-CA-0097-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Dismiss or Stay 01/22/2007 (2007 WL 174461) (N.D. Cal.)
EE-CA-0097-0002 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 10/22/2007
EE-CA-0097-0003 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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