University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NICHOLS GAS & OIL COMPANY, INC. EE-NY-0117
Docket / Court 6:05-cv-06482-CJS-MWP ( W.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, Boston and Newark offices of the EEOC brought suit against Nichols Gas and Oil, Inc. and Townsend Oil Corporation in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged discrimination based on sex, female, in violation of Title VII of ... read more >
The New York, Boston and Newark offices of the EEOC brought suit against Nichols Gas and Oil, Inc. and Townsend Oil Corporation in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged discrimination based on sex, female, in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged the defendants engaged in sexual harassment, retaliated against individuals who complained of sexual harassment, and caused the constructive discharge of claimants due to the ongoing pervasive sexual harassment. Prior to submitting an answer to the complaint, defendant Nichols Gas and Oil, Inc. filed a motion to dismiss portions of the EEOC's complaint which was denied. EEOC v. Nichols Gas & Oil, Inc., No. CV 05-6482 (W.D. N.Y. Mar 13, 2006). As defendant Townsend Oil Corporation purchased defendant Nichols Gas & Oil, Inc. and the lawsuit was listed in the purchase agreement between the two parties, the EEOC's amended complaint was granted and added Townsend Oil Corporation as a party to the suit. Subsequently, Townsend Oil Corporation filed a crossclaim against Nichols Gas and Oil, Inc. As of April 22, 2008, the suit on behalf of the EEOC against Nichols Gas and Oil, Inc. and Townsend Oil Corporation and the suit on behalf of Townsend Oil Corporation against Nichols Gas and Oil, Inc. were ongoing.

Justin Kanter - 05/28/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Nichols Gas and Oil, Inc.
Townsend Oil 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 None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
6:05-cv-06482-CJS-MWP (W.D.N.Y.) 03/26/2008
EE-NY-0117-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/14/2005
EE-NY-0117-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 03/13/2006 (2006 WL 692345) (W.D.N.Y.)
EE-NY-0117-0002 PDF | WESTLAW | Detail
Document Source: Westlaw
First Amended Complaint 10/01/2007
EE-NY-0117-0003 PDF | Detail
Judges Payson, Marian W. (W.D.N.Y.) [Magistrate]
EE-NY-0117-9000
Siragusa, Charles J. (W.D.N.Y.)
EE-NY-0117-0002 | EE-NY-0117-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burstein, Jeffrey C. (New Jersey)
EE-NY-0117-9000
Chandy, Sunu P. (New York)
EE-NY-0117-0001 | EE-NY-0117-0003 | EE-NY-0117-9000
Curtin, Nora E. (Florida)
EE-NY-0117-0001 | EE-NY-0117-9000
Grossman, Elizabeth (New York)
EE-NY-0117-0001 | EE-NY-0117-0003 | EE-NY-0117-9000
Rose, Robert D. (New York)
EE-NY-0117-0003
Salacuse, Maria (Maryland)
EE-NY-0117-9000
Defendant's Lawyers DeLuca, R. Scott (New York)
EE-NY-0117-9000
Keneally, Paul F. (New York)
EE-NY-0117-9000
Wolford, James Scott (New York)
EE-NY-0117-9000
Wolford, Michael R. (New York)
EE-NY-0117-9000
Other Lawyers None on record

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