University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BGS TELEMARKETING, INC. EE-MD-0011
Docket / Court 8:02-cv-02175-WMN ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2002, the Baltimore District Office of the EEOC brought this lawsuit against BGS Telemarketing, Inc. in the U.S. District Court for the District of Maryland. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent ... read more >
In June 2002, the Baltimore District Office of the EEOC brought this lawsuit against BGS Telemarketing, Inc. in the U.S. District Court for the District of Maryland. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged the defendant terminated the charging party, a female employee, in retaliation for her complaints of sexual harassment in violation of Title VII of the Civil Rights Act of 1964. The defendant filed a motion to dismiss in August of 2002 which was denied in February of 2003. Following a successful and unopposed partial motion for summary judgment filed by the EEOC in July 2003 and granted in August 2003, the parties settled the dispute in October 2003 through a consent decree.

The decree, based upon independent verification of the defendant's representations that its business had closed, would remain closed, and that it had no assets to be liquidated to collect a judgment, dismissed the action with reservation of the right to reinstitute litigation should the defendant reopen its business.

Daisy Manning - 09/29/2007


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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
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) BGS Telemarketing, 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 None
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2003
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)
8:02-cv-02175-WMN (D. Md.) 10/01/2003
EE-MD-0011-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum [Regarding Defendant's Motion to Dismiss] 02/05/2003 (D. Md.)
EE-MD-0011-0001 PDF | Detail
Order [Regarding Defendant's Motion to Dismiss] 02/05/2003 (D. Md.)
EE-MD-0011-0002 PDF | Detail
Memorandum and Order [Regarding Plaintiff's Motion for Partial Summary Judgment] 08/15/2003 (D. Md.)
EE-MD-0011-0003 PDF | Detail
Consent Decree 10/01/2003
EE-MD-0011-0004 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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