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Case Name EEOC v. G & N ENTERPRISES, INC. EE-SD-0002
Docket / Court 4:98-cv-04195-LLP ( D.S.D. )
State/Territory South Dakota
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Denver district office sued G&N Enterprises, Inc., the parent company of the clothing and supply store Western Way Work Warehouse, on October 30, 1998 in the U.S. District Court for the District of South Dakota. The EEOC's complaint alleged that G&N violated Title VII by discriminating ... read more >
The EEOC's Denver district office sued G&N Enterprises, Inc., the parent company of the clothing and supply store Western Way Work Warehouse, on October 30, 1998 in the U.S. District Court for the District of South Dakota. The EEOC's complaint alleged that G&N violated Title VII by discriminating against the intervenor employee based on sex (female) when it created a hostile work environment through sexual harassment and retaliated against her by terminating her employment when she complained about her treatment. The EEOC and intervenor jointly filed for summary judgment in January 2000, which was denied a month later. The case went to trial in May 2000 and the jury returned a verdict of $205,202 in punitive and compensatory damages. The court reduced the punitive damages for the intervenor's sexual harassment claim by $50,000, resulting in monetary damages of $155,202. G&N appealed the judgment in the case in June 2000, which was dismissed by stipulation of the parties in October 2000.

The EEOC sought equitable damages after the resolution of the suit in May 2000, and following the stipulated dismissal of the appeal, the EEOC and G&N entered into a consent decree in November 2000. The consent decree stipulated that G&N would not participate in future harassment, would implement a sexual harassment policy, would post a notice of compliance with Title VII, and report sexual harassment claims to the EEOC every six months for the duration of the consent decree.

Aaron Weismann - 06/01/2007


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
Defendant(s) G&N Enterprises, 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 None on record
Form of Settlement None on record
Order Duration 2000 - 2003
Case Closing Year 2000
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)
4:98-cv-04195-LLP (D.S.D.) 11/09/2000
EE-SD-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand 10/30/1998
EE-SD-0002-0001 PDF | Detail
Complaint in Intervention 02/17/1999
EE-SD-0002-0005 PDF | Detail
Offer of Judgment 07/02/1999
EE-SD-0002-0021 PDF | Detail
Order Denying Plaintiffs' Motion to Partial Summary Judgment 02/17/2000 (D.S.D.)
EE-SD-0002-0013 PDF | Detail
Stipulation for Dismissal [of Several Parts of P-I's Complaint] 05/04/2000
EE-SD-0002-0014 PDF | Detail
Order Dismissing Counts IV, V, VIII and IX of Complaint in Intervention 05/04/2000 (D.S.D.)
EE-SD-0002-0015 PDF | Detail
Verdict Form 05/05/2000
EE-SD-0002-0016 PDF | Detail
Judgment 05/10/2000 (D.S.D.)
EE-SD-0002-0017 PDF | Detail
Consent Decree 10/09/2000
EE-SD-0002-0020 PDF | Detail
Judgment 10/16/2000
EE-SD-0002-0019 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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