University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. E. GLUCK CORPORATION EE-NY-0043
Docket / Court CV-06-2697 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York district office of the EEOC brought this suit against E. Gluck Corporation in the U.S. District Court for the Eastern District of New York in May 2006. The complaint alleged the defendant discriminated against female employees in violation of Title VII of the Civil Rights Act of 1964. ... read more >
The New York district office of the EEOC brought this suit against E. Gluck Corporation in the U.S. District Court for the Eastern District of New York in May 2006. The complaint alleged the defendant discriminated against female employees in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged that the defendant's Senior Vice President of Sales sexually harassed the claimant and other similarly situated female employees and the defendant terminated the claimant in response to her becoming pregnant. After some discovery and the withdrawal of an intervening complaint, the parties settled the case in June 2007 by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required the implementation of an anti-discrimination policy, and required the E. Gluck Corporation to post and distribute a notice of employee rights. E. Gluck Corporation was also required to provide two hours of training in federal laws prohibiting discrimination in employment to all employees, including management. The decree also allowed the EEOC to monitor and review compliance with the decree through the inspection of defendant's relevant records and/or through interviews with employees and management. The defendant also agreed to make available for inspection and copying any records reasonably related to the enforcement of the decree upon five day written notice by the EEOC. Additionally, the defendant agreed to hire a part-time Human Resources Manager to assist the Controller in addressing human resources issues. The injunctive parts of the decree had a three year term. In addition, the defendant agreed to pay $170,000 to three claimants.

Kevin Wilemon - 05/29/2008


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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
Monitoring
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
Pregnancy 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) E. Gluck Corporation
E. Gluck Corporation
Mark Shell
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)
1:06-cv-02697-ARR-RER (E.D.N.Y.) 06/13/2007
EE-NY-0043-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/31/2006
EE-NY-0043-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/13/2007
EE-NY-0043-0002.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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