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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BERNINA OF AMERICA EE-IL-0027
Docket / Court 99-C-4100 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The EEOC filed this suit on June 21, 1999 in the U.S. District Court for the Northern District of Illinois. The EEOC alleged that defendant Bernina of America violated Title VII by discriminating against female employees by refusing to grant sick leave pay to pregnant employees.

On May 3 ... read more >
The EEOC filed this suit on June 21, 1999 in the U.S. District Court for the Northern District of Illinois. The EEOC alleged that defendant Bernina of America violated Title VII by discriminating against female employees by refusing to grant sick leave pay to pregnant employees.

On May 3, 2000 the EEOC filed a motion for partial summary judgment to eliminate defendant's claim that the EEOC failed to conciliate as required by statute. The motion was granted on June 13, 2000. On July 12, 2000 the parties settled the case. A proposed consent decree was filed on September 6, 2000. The consent decree was entered into the record on October 5, 2000. In the consent decree the defendant agreed to pay a total of $105,000 in varying amounts to four complainants. The defendant also agreed to post notice, develop a new policy regarding pregnancy sick leave pay, and maintain detailed records of requests for sick leave pay. The EEOC agreed, in case of a dispute about compliance with the decree, notify the defendant and provide a chance to remedy the problem. If the problem was not remedied by the end of the decree, the decree would remain in force until compliance has been achieved.

Jason Chester - 03/28/2008


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
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) Bernina of America
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 2000 - 2003
Case Closing Year 2000
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)
1:99-cv-04100 (N.D. Ill.) 10/05/2000
EE-IL-0027-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion and Order 06/13/2000 (N.D. Ill.)
EE-IL-0027-0001.pdf | Detail
Consent Decree 10/05/2000
EE-IL-0027-0002.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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