University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ROSWELL RADIO, INC EE-NM-0042
Docket / Court CIV 04 0729 LCS/KBM ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2004, the Phoenix District Office of the EEOC brought this lawsuit against Roswell Radio, Incorporated in the U.S. District Court for the District of New Mexico, alleging defendant discriminated and retaliated against complainants, female employees, in violation of Title VII of the Civil ... read more >
In June 2004, the Phoenix District Office of the EEOC brought this lawsuit against Roswell Radio, Incorporated in the U.S. District Court for the District of New Mexico, alleging defendant discriminated and retaliated against complainants, female employees, in violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the complaint alleged that the defendant subjected the charging parties, female employees to a work environment hostile to claimants' sex, and one case pregnancy, resulting in constructive discharge, or in one case retaliatory discharge following opposition to these practices. Following some discovery and a partial motion for summary judgment by the EEOC that was never decided, the parties settled the lawsuit through a consent decree in April 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the claimants' with neutral references, develop an anti-discrimination policy, provide training to all employees, stockholders and owners of the company, distribute and post notice of employee rights, develop a complaint resolution process, and pay $280,000 to be distributed to three complainants to cover damages, costs and attorney's fees.

Daisy Manning - 10/18/2007


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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
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
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
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Roswell Radio, Inc.
Roswell Radio, Inc.
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 2006 - 2009
Case Closing Year 2006
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)
1:04-cv-00729-BB-LCS (D.N.M.) 10/12/2006
EE-NM-0042-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/29/2004
EE-NM-0042-0001.pdf | Detail
Discovery and Confidentiality Order 03/29/2005 (D.N.M.)
EE-NM-0042-0002.pdf | Detail
Memorandum Opinion and Order 09/19/2005 (D.N.M.)
EE-NM-0042-0003.pdf | Detail
Consent Decree 04/13/2006
EE-NM-0042-0004.pdf | Detail
EEOC Litigation Settlements - April 2006 07/05/2006
EE-NM-0042-0005.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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