University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DAVID LERNER ASSOCIATION INC EE-CT-0006
Docket / Court 305 CV 292 (RWC) ( D. Conn. )
State/Territory Connecticut
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2005, the EEOC's Boston Area Office (with participation from the New York District Office) brought this action against David Lerner Associations, Inc. in the U.S. District Court for the District of Connecticut alleging discrimination on the basis of sex in violation of Title VII of the ... read more >
In February 2005, the EEOC's Boston Area Office (with participation from the New York District Office) brought this action against David Lerner Associations, Inc. in the U.S. District Court for the District of Connecticut alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging parties, female employees, to a sexually hostile work environment resulting in their constructive discharges. The alleged discrimination consisted of unwelcome touching, offensive comments and gestures, pressure to wear provocative clothing, and threats of violent retaliation. Three of the charging parties intervened in the suit in September 2005, and another one did so in November 2005. Two unsuccessful settlement conferences were held before the parties reached a settlement in October 2006 through a consent decree.

The three-year decree, containing anti-discrimination and anti-retaliation clauses, required the defendant to: implement written Title VII policies and procedures, display EEOC-provided Title VII notices and posters, provide annual Title VII training for all employees, report to the EEOC at specified intervals, and pay a total of $1,500,000 in damages. In addition, the defendant's Chief Executive Officer was required to send a memorandum to all employees affirming the defendant's commitment to Title VII compliance.

Michele Marxkors - 06/05/2007


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
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 State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) David Lerner Associates, 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 2006 - 2009
Case Closing Year 2006
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)
3:05-cv-00292-MRK (D. Conn.) 10/06/2006
EE-CT-0006-9000.pdf | Detail
General Documents
Complaint 02/17/2005
EE-CT-0006-0001.pdf | Detail
Complaint of Intervenors [Sheehan, Mead, and Carroll] 09/26/2005
EE-CT-0006-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling and Order on Motion to Dismiss 10/27/2005 (2005 U.S.Dist.LEXIS 25817) (D. Conn.)
EE-CT-0006-0005.pdf | LEXIS | Detail
Complaint of Intervenor [Mrozik] 11/04/2005
EE-CT-0006-0003.pdf | Detail
Consent Decree 10/06/2006
EE-CT-0006-0006.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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