University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BIG WAY INC (t/a VALLEY GREEN INN) et al EE-PA-0024
Docket / Court 2:05-cv-04217-SD ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Philadelphia Office of the EEOC brought this suit against Big Way, Inc. in August 2005 in the United States District Court for the Eastern District of Pennsylvania (Philadelphia). The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. One of the ... read more >
The Philadelphia Office of the EEOC brought this suit against Big Way, Inc. in August 2005 in the United States District Court for the Eastern District of Pennsylvania (Philadelphia). The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. One of the three complainants brought a private suit against the defendants in April 2005. The cases were consolidated in September 2005. The private plaintiff's complaint alleged sex discrimination in violation of Title VII and the Pennsylvania Human Relations Act and violations of the Equal Pay Act and the Pennsylvania Wage Payment and Collection Law. After the court denied Big Way, Inc's and one individual defendant's motion to dismiss and/or for partial summary judgment on the EEOC's complaint and stayed the case from February 2006 until April 2006, the parties entered a settlement agreement and the court dismissed the case with prejudice in April 2006.

Daisy Manning - 06/05/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Big Way, Inc.
Jack Ott
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 Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Case Listing EE-PA-0212 : Fishel v. Big Way, Inc. (E.D. Pa.)
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)
2:05-cv-04217-SD (E.D. Pa.) 04/11/2006
EE-PA-0024-9000.pdf | Detail
General Documents
Complaint 08/09/2005
EE-PA-0024-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (Granting consolidation) 09/30/2005 (E.D. Pa.)
EE-PA-0024-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Joyce Fishel's Amended Complaint 10/19/2005
EE-PA-0024-0002.pdf | Detail
Order [re: Defendant's Motion to Dismiss and/or for Summary Judgment] 02/03/2006 (E.D. Pa.)
EE-PA-0024-0003.pdf | Detail
Order [Dismissal] 04/11/2006 (E.D. Pa.)
EE-PA-0024-0004.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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