University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Phase II Company, Inc. EE-CO-0045
Docket / Court 1:03-cv-01911-EWN-CBS ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
EEOC's Denver, Colorado office filed this lawsuit against the defendant, Phase II Company, Inc. d/b/a Phase 2 Company in the United States District Court for the District of Colorado on 09/26/2003. With access only to the docket and the consent decree, there is no information about the individual ... read more >
EEOC's Denver, Colorado office filed this lawsuit against the defendant, Phase II Company, Inc. d/b/a Phase 2 Company in the United States District Court for the District of Colorado on 09/26/2003. With access only to the docket and the consent decree, there is no information about the individual complainants except that there were up to 10 individual complainants in the case. It appears, however, that the allegations involved a violation of Tittle VII, based on national origin discrimination (Mexico). The individual complainants moved to intervene but withdrew the motion after the parties settled.

Magistrate Judge Craig B. Shaffer took an active role in the lawsuit. He presided two settlement conferences and four status conferences between the parties. The defendant filed a motion to dismiss or in the alternative for summary judgment before answering the complaint. The motion was denied as moot after the parties filed a proposed consent decree. The district court entered a two-year consent decree based on the proposal on 05/24/2004, after which the parties spent another several months sorting out the allocation of the settlement fund in the consent decree. The case was finally dismissed on 02/16/2005 upon the parties' motion for voluntary dismissal.

This consent decree required the defendant to: pay $750,000, provide EEO training to all employees, conduct orientation meetings to advise supervisors of the terms of the decree, and to hire an EEO Coordinator to oversee the decree's implementation. Additionally, the defendant was required to post notice of EEO rights and to avoid discrimination and retaliation in the future.

Keri Livingston - 07/08/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Phase II Company, 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 2004 - 2006
Case Closing Year 2004
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)
1:03-cv-01911-EWN-CBS (D. Colo.) 02/16/2005
EE-CO-0045-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 05/04/2004
EE-CO-0045-0002.pdf | Detail
Order Granting the Joint Motion by the Parties for Entry of Dismissal 02/15/2005 (D. Colo.)
EE-CO-0045-0001.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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