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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NEW ENGLAND SERUM EE-MA-0011
Docket / Court 1:01-cv-11672-JLT ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2001, the Boston (along with the New York and Washington, D.C.) office of the EEOC brought this Title VII suit against New England Serum in the U.S. District Court for the District of Massachusetts. The complaint alleged that the defendant subjected the claimants to sexual harassment ... read more >
In September 2001, the Boston (along with the New York and Washington, D.C.) office of the EEOC brought this Title VII suit against New England Serum in the U.S. District Court for the District of Massachusetts. The complaint alleged that the defendant subjected the claimants to sexual harassment because of their sex and national origin, and discharged claimants in retaliation for their complaints. More specifically, the claimant's supervisor directly or indirectly subjected the claimants to physical and verbal sexual harassment because of their sex and national origin. The defendant's distribution center manager subjected claimants to offensive and unwelcome sexually harassing conduct. The case settled by entry of a consent decree in January 2003.

The one year consent decree required the defendant to pay $150,000 to the claimants, refrain from retaliation, confirm that since the institution of the lawsuit that it has conducted significant training for managers (and will provide new managers and non-managers with training), distribute its anti-discrimination policy, and post notice. The EEOC retained the right to monitor compliance with the decree.

Jason Chester - 06/17/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Sex 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) New England Serum
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 2003 - 2004
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)
1:01-cv-11672-JLT (D. Mass.) 06/27/2006
EE-MA-0011-9000.pdf | Detail
General Documents
Complaint and Jury Trial Demand 09/28/2001
EE-MA-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 12/16/2002
EE-MA-0011-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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