University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Rappaport, Hertz, Cherson & Rosenthal, P.C. EE-NY-0144
Docket / Court 2:02-cv-05259-ADS-ARL ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2002, the New York district office of the EEOC brought this Title VII suit against Rapport, Hertz, Cherson & Rosenthal, P.C. in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant law firm discriminated against the claimant by ... read more >
In September 2002, the New York district office of the EEOC brought this Title VII suit against Rapport, Hertz, Cherson & Rosenthal, P.C. in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant law firm discriminated against the claimant by subjecting the claimants, and other female employees, to a practice of sexual harassment, retaliating against complaining employees, by subjecting them to more sexual harassments, and causing the claimants to be constructively discharged. The claimant intervened in the in July of 2003. The court granted the defendant's motion to compel arbitration in July 2003, but the parties settled during mediation in September 2003. The court entered a consent decree in December 2003.

The two year consent decree required the defendant to refrain from discrimination and retaliation, post notice, review and revise its anti-discrimination policy, distribute its anti-discrimination policy, provide Title VII training for supervisory staff (four hours plus a one hour refresher every year) and non-supervisory employees (two hours), provide the claimant with neutral references, pay the claimant $50,000, drop its arbitration with the American Arbitration Association, and give the EEOC the right to monitor its compliance with the decree.

Kevin Wilemon - 07/31/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
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
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Rappaport, Hertz, Cherson & Rosenthal, P.C.
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 - 2006
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)
2:02-cv-05259-ADS-ARL (E.D.N.Y.) 12/31/2003
EE-NY-0144-9000 PDF | Detail
General Documents
Complaint 09/30/2002
EE-NY-0144-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Decision and Order 07/29/2003 (273 F.Supp.2d 260) (E.D.N.Y.)
EE-NY-0144-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 12/31/2003
EE-NY-0144-0002 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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