Case: EEOC v. ACTION, INC.

5:05-cv-00749 | U.S. District Court for the Western District of Oklahoma

Filed Date: June 30, 2005

Closed Date: June 20, 2008

Clearinghouse coding complete

Case Summary

In June 2005, the Oklahoma City Area Office of the EEOC brought this lawsuit against Action, Inc. in the U.S. District Court for the Western District of Oklahoma alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the two charging parties, male employees, to a sexually hostile work environment resulting in the constructive, and in one case retaliatory, discharge of the charging p…

In June 2005, the Oklahoma City Area Office of the EEOC brought this lawsuit against Action, Inc. in the U.S. District Court for the Western District of Oklahoma alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the two charging parties, male employees, to a sexually hostile work environment resulting in the constructive, and in one case retaliatory, discharge of the charging parties. The charging parties intervened in the lawsuit in October 2005. Following a successful motion for partial summary Judgment by the EEOC, the parties settled the lawsuit in June 2006 through a consent decree.

The two-year decree, containing agreements not to discriminate or retaliate, required the defendant to: expunge the complainants' employment record of any reference to the lawsuit, post notice of employee rights and provide anti-discrimination training to all employees once a year for two years, implement a dispute resolution mechanism, report to the EEOC regarding internal complaints of sexual harassment and pay $40,000 to be distributed among two individuals. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

David Friedman (10/22/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

5:05-cv-00749

Docket

Equal Employment Opportunity Commission v. Action Inc

June 20, 2006

June 20, 2006

Docket
1

5:05-cv-00749

Complaint

EEOC v. Action INC.

June 30, 2005

June 30, 2005

Complaint
11-2

5:05-cv-00749

Plaintiffs' Intervenor Complaint

Equal Employment Opportunity Commission, et al v. Action, Inc.

Sept. 13, 2005

Sept. 13, 2005

Complaint
29

5:05-cv-00749

Order [granting plaintiff's motion for partial summary judgment]

Equal Employment Opportunity Commission v. Action, Inc.

May 15, 2006

May 15, 2006

Order/Opinion
33

5:05-cv-00749

Consent Decree

Equal Employment Opportunity Commission, et al v. Action, Inc.

June 20, 2006

June 20, 2006

Settlement Agreement

Resources

Docket

Last updated April 3, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Action Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(brs, ) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

Clearinghouse
2

ENTRY of Appearance by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (brs, ) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

3

GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing (brs, ) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

4

PRAECIPE for 1 summons by Equal Employment Opportunity Commission. (brs, ) (Entered: 07/07/2005)

July 6, 2005

July 6, 2005

Summons Issued as to Action Inc. (brs, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

5

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Action Inc served on 7/14/2005, answer due 8/3/2005. (Robertson, Michelle) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

6

ENTRY of Appearance by Robert L Magrini on behalf of Action Inc (Magrini, Robert) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

7

ENTRY of Appearance by Evan B Gatewood on behalf of Action Inc (Gatewood, Evan) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

8

ANSWER to Complaint by Action Inc.(Gatewood, Evan) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

9

DOCKET: Scheduling Conference set for 10/5/2005 at 09:20 AM in Chambers before Honorable Lee R. West. (brs, ) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

10

FIRST THIRD PARTY COMPLAINT against all defendants, filed by James Edward Owings, Lance Adrian Whisennand.(Coulson, Michael) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

11

FIRST INTERVENOR COMPLAINT, filed by Action Inc. (Attachments: # 1 Attachment 1 - Intervenor Complaint# 2 Attachment 2 - Proposed Order)(Coulson, Michael) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

Docket Annotation: Document number 11 should be filed as a Motion to Intervene, NOT as a First Intervenor Complaint. (brs, ) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

12

ORDER that the Court SRIKES Document 10 Third Party Complaint filed by James Edward Owings, Lance Adrian Whisennand . Signed by Judge Lee R. West on 9/13/05. (brs, ) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

Docket Annotation: Pursuant to document number 12 the Third Party Plaintiffs and Third Party Defendant have been terminated. (brs, ) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

13

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission. (Costas, Toby) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

14

ORDER that the Court grants the Motion to Intervene re 11 and directs the movants to file their complaint in intervention within 5 days of this order . Signed by Judge Lee R. West on 10/4/05. (brs, ) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

15

SCHEDULING ORDER: Motions to join due 10/5/05; Motions to amend due 10/5/05; Pla witness list due 12/1/05; Pla exhibit list due 12/1/05; Dft witness list due 10 days t/a; Dft exhibit list due 10 days t/a; Motions in limine due 8/1/06; Jury instructions due 8/1/06; Trial briefs due 8/1/06; Discovery due by 7/1/2006. Jury Trial set for 8/14/2006 at 09:00 AM in Courtroom #303 before Honorable Lee R. West. Motions due by 4/1/2006. Pretrial Report due by 8/1/2006.. Signed by Judge Lee R. West on 10/5/05. (brs, ) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

16

FIRST INTERVENOR COMPLAINT, filed by James Edward Owings, Lance Adrian Whisennand.(Coulson, Michael) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

17

ANSWER to Intervenor Complaint by Action Inc.(Gatewood, Evan) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

18

DISCLOSURE STATEMENT - CORPORATE by Action Inc, Action Inc. (Gatewood, Evan) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

19

Exhibit List / Witness List for Plaintiffs EEOC & Intervenors by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

20

OBJECTIONS re 19 Exhibit List / Witness List filed by Action Inc, Action Inc. (Gatewood, Evan) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

21

Exhibit List / Witness List by ThirdParty Defendant Action Inc, Defendant Action Inc. (Gatewood, Evan) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

22

OBJECTIONS re 21 Exhibit List / Witness List of Defendant filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

23

ENTRY of Appearance by Barbara A Seely on behalf of Equal Employment Opportunity Commission (Seely, Barbara) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

24

ENTRY of Appearance by Robert G Johnson on behalf of Equal Employment Opportunity Commission (Johnson, Robert) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

25

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Page, Table of Contents and Table of Authorities# 2 Exhibit 1 - Complaints# 3 Exhibit 2-Whisennand Intake Q, part 1# 4 Exhibit 2-Whisennand intake Q, part b# 5 Exhibit 3- Whisennand Charge# 6 Exhibit 4- Whisennand S.Harassment Q.# 7 Exhibit 5-Owings Intake Q, part a# 8 Exhibit 5-Owings Intake Q, part b# 9 Exhibit 6-Owings Charge# 10 Exhibit 7-Admissions of Defendant# 11 Exhibit 8-Letter by Defendant# 12 Exhibit 9- Notice of Charges# 13 Exhibit 10-Request for Information by EEOC# 14 Exhibit 10a-Letter by Defendant# 15 Exhibit 11-Letters of Determination# 16 Exhibit 12- Conciliation letter by EEOC# 17 Exhibit 13-Conciliation Failure ltr) (Robertson, Michelle) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

26

MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by Action Inc, Action Inc. (Gatewood, Evan) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

27

ORDER granting 26 Motion for Extension of Time to File Response re 25 MOTION for Summary Judgment, Response due by 5/3/2006. Signed by Judge Lee R. West on 4/26/06. (brs, ) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

28

RESPONSE to Motion re 25 MOTION for Summary Judgment filed by Action Inc, Action Inc. (Attachments: # 1 Affidavit Affidavit of Donny Cook# 2 Receipt Affidavit of Alan Wright# 3 Attachment Action's Answers to EEOC's Interrogatories)(Gatewood, Evan) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

29

ORDER granting 25 Plaintiff's Motion for Partial Summary Judgment . Signed by Judge Lee R. West on 5/15/06. (brs, ) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

Clearinghouse
30

NOTICE of Change of Address by Michelle M Robertson (Robertson, Michelle) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

31

ADR REPORT BY MEDIATOR / EVALUATOR (Barghols, Steven) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

32

MOTION for Order to Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Consent Decree with attached Notice)(Robertson, Michelle) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

33

CONSENT DECREE ORDER re 32. Signed by Judge Lee R. West on 6/20/06. (brs, ) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

Clearinghouse

Case Details

State / Territory: Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2005

Closing Date: June 20, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Action, Inc. (Enid, Oklahoma), Private Entity/Person

Case Details

Causes of Action:

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40000

Order Duration: 2006 - 2008

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit