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Case Name Osgood v. Harrah's Entertainment, Inc. EE-NJ-0124
Docket / Court 1:00-CV-00284 ( D.N.J. )
Additional Docket(s) 1:02-cv-03553-SMO  [ 02-3553 ]  District of NJ (U.S.)
State/Territory New Jersey
Case Type(s) Equal Employment
Case Summary
This case has limited access to documents on PACER

On January 19, 2000, a White woman formerly employed at Harrah's Casino & Hotel in Atlantic City filed this reverse discrimination class action lawsuit in the United States District Court for the District of New Jersey. Represented by ... read more >
This case has limited access to documents on PACER

On January 19, 2000, a White woman formerly employed at Harrah's Casino & Hotel in Atlantic City filed this reverse discrimination class action lawsuit in the United States District Court for the District of New Jersey. Represented by private counsel, the plaintiff sued Harrah's Entertainment, Inc. and Marina Associates, Inc. for declaratory and injunctive relief under Title VII, 42 U.S.C. §1981, and the New Jersey Law Against Discrimination. The plaintiff was employed by the defendants from October 27, 1980 until November 15, 2000. 202 F.R.C. 115, 117 (D.N.J. 2001). For three years, the former employer worked as a shift manager, until August 1999 when she was demoted and replaced by another Harrah's employee who was African American. Id. The plaintiff argued that her demotion was the result of the defendant's Equal Employment Business Opportunity Plan (EEBOP), which gave preference to racial minorities and unjustly discriminated against a "class of Caucasian employees and applicants on the basis of their race as a result of the defendants' implementation and application of a legally insufficient affirmative action plan." Id. The plaintiff argued that because Harrah’s EEBOP was not in effect to remedy past discriminations and because the defendants considered race in their employment decisions, the defendants violated federal and state laws that prohibited employment discrimination. 202 F.R.C. 115, at 118 (D.N.J. 2001).

The plaintiff filed a motion for class certification. After the parties were able to submit their briefs in support and opposition of the motion, Judge Stephen M. Orloforsky granted the motion in part and denied the motion in part. Judge Orloforsky granted the motion to certify the following class:
All Caucasian employees of Harrah's and job applicants to Harrah's between 1998 and the present, who claim that they were denied employment opportunities or suffered adverse employment decisions at Harrah's on the basis of race due to Harrah's EEBOP and the affirmative action policies adopted to implement the EEBOP, and who seek declaratory and injunctive relief under 42 U.S.C. §§1981, 1983 and the NJLAD. 202 F.R.C. 115, at 131 (D.N.J. 2001).

Judge Orloforsky denied the plaintiff’s request for a “hybrid” certification that would permit a stay for the Court’s ruling on the certification of class damage claims pending the question of the defendants’ liability. Id. For several months the parties engaged in discovery and held several conferences to discuss a potential settlement agreement. On June 14, 2002, Judge Oflofsky preliminarily approved the parties’ partial settlement for declaratory and injunctive relief for all class members pending a fairness hearing. Neither party objected to the class settlement during the fairness hearing on July 26, 2002, and the final order and judgment against the defendants were filed on August 13, 2002.

The plaintiff filed a separate complaint in the U.S. District Court for the District of New Jersey against the same defendant's for retaliatory discharge under Title VII and the NJLAD. On September 12, 2002, Judge Orfolskey ordered to consolidate the two cases and litigation addressing the plaintiff claims of retaliatory and discriminatory discharge began. Both parties filed motions for partial summary judgment in February 2003. On May 29, 2003, Chief Judge John W. Bissell ordered for the case to be reassigned from Judge Orlofsky to Judge Freda L. Wolfson.

Judge Wolfson granted the defendants’ motion for partial summary judgment in part and denied the plaintiff’s motion in part. The parties engaged in discovery. On October 25, 2004 defendant Marina Associates moved for summary judgment. Judge Wolfson granted in part and denied in part the defendant's motion. An order dismissing the case was filed on April 27, 2005, and the defendant's made the stipulation that the case was dismissed with prejudice on July 14, 2005.

The case is now closed.

Kimberly Goshey - 06/12/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Retailer
Discrimination-area
Demotion
Hiring
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
White
Causes of Action 42 U.S.C. § 1981
State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) HARRAH'S ATLANTIC CITY
HARRAH'S ATLANTIC CITY, INC
HARRAH'S CASINO HOTEL ATLANTIC CITY
MARINA ASSOCIATES, INC.
Plaintiff Description All Caucasian employees of Harrah's and job applicants to Harrah's, between 1998 and the present, who claim that they were denied employment opportunities or suffered adverse employment decisions at Harrah's on the basis of race, due to Harrah's Equal Employment Business Opportunity Plan (EEBOP) and the affirmative action policies adopted to implement the EEBOP, and who seek declaratory and injunctive relief under 42 U.S.C. §§1981, 1983, and the NJLAD.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2000
Case Closing Year 2005
Case Ongoing No
Case Listing EE-NJ-0123 : Rudolph v. Adamar of New Jersey (D.N.J.)
Docket(s)
1:00−cv−00284 (D.N.J.)
EE-NJ-0124-9000.pdf | Detail
Date: 07/14/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion Granting in Part Denying in Part Motion for Class Certification (202 F.R.D. 115) (D.N.J.)
EE-NJ-0124-0002.pdf | WESTLAW| LEXIS | Detail
Date: 08/22/2001
Source: Google Scholar
Order Granting in Part and Denying in Part Motion for Summary Judgment [ECF# 92] (D.N.J.)
EE-NJ-0124-0001.pdf | Detail
Date: 02/10/2005
Source: PACER [Public Access to Court Electronic Records]
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Judges Orlofsky, Stephen Murray (D.N.J.) show/hide docs
EE-NJ-0124-0002
Rosen, Joel B. (D.N.J.) show/hide docs
EE-NJ-0124-9000
Wolfson, Freda L. (D.N.J.) show/hide docs
EE-NJ-0124-0001 | EE-NJ-0124-9000
Plaintiff's Lawyers Console, Stephen G. (Pennsylvania) show/hide docs
EE-NJ-0124-9000
Haddad, Yvonne R. (New Jersey) show/hide docs
EE-NJ-0124-9000
Simon, Deborah Hart (Pennsylvania) show/hide docs
EE-NJ-0124-9000
Defendant's Lawyers Lichtenstein, Russell L. (New Jersey) show/hide docs
EE-NJ-0124-9000

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