University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FRED FULLER OIL, CO. EE-NH-0005
Docket / Court 1:03-cv-00426-PB ( D.N.H. )
State/Territory New Hampshire
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2003, the New York District Office of the EEOC brought this suit against Fred Fuller Oil Company, Inc. and related entities in the U.S. District Court for the District of New Hampshire. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. ... read more >
In September 2003, the New York District Office of the EEOC brought this suit against Fred Fuller Oil Company, Inc. and related entities in the U.S. District Court for the District of New Hampshire. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendants' owner subjected the charging parties, female employees, to a sexually hostile work environment comprised of offensive language, unwelcome touching, and sexual advances.

In November 2003, two charging parties intervened in the suit. The defendants filed a motion to dismiss for lack of jurisdiction which was denied in April 2004. After some discovery disputes, two more charging parties intervened in the suit in February 2005. In March, the defendants filed a motion summary judgment, which was denied in April 2005. Thereafter, the parties settled in July 2005 through a consent decree.

The defendant agreed to develop an anti-harassment policy and complaint procedure, provide sexual harassment training for its owner and managers, post a notice of the decree, report to the EEOC quarterly, and pay $780,000 to be distributed among five women.

Jason Chester - 07/06/2007


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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
Implement complaint/dispute resolution process
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
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
Defendant(s) Fred Fuller Oil Company, Inc.
Frederick J. Fuller
Fuller's Convenience Store, 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 2005 - 2008
Case Closing Year 2005
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-00426-PB (D.N.H.) 06/27/2006
EE-NH-0005-9000 PDF | Detail
General Documents
Mediation Report 09/23/2004
EE-NH-0005-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 07/05/2005 (D.N.H.)
EE-NH-0005-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report 07/05/2005
EE-NH-0005-0003 PDF | Detail
EEOC Office of General Counsel FY 2005 Annual Report 04/13/2006
EE-NH-0005-0004 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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