University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LA MEXICANA INC EE-WA-0043
Docket / Court 2:06-cv-01359-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Seattle District Office of the EEOC brought this suit against La Mexicana, Inc. and Albert Walden in the United States District Court for the Western District of Washington in September 2006. The complaint alleged that the Defendant violated Title VII because its manager, Albert Walden, ... read more >
The Seattle District Office of the EEOC brought this suit against La Mexicana, Inc. and Albert Walden in the United States District Court for the Western District of Washington in September 2006. The complaint alleged that the Defendant violated Title VII because its manager, Albert Walden, subjected the female complainant to sexual harassment. The complainant intervened in the EEOC's suit, alleging violations of Title VII, Washington's state anti-discrimination law, and state tort claims. The complainant voluntarily dismissed her state tort claims. The parties engaged in successful mediation in October 2007, and entered into a successful consent decree in November 2007.

The consent decree required La Mexicana to pay $25,000 to the complainant for alleged emotional distress, as well as expunge her personnel file of complaints of discrimination and give her neutral employment references. La Mexicana was also required to provide annual training to all employees in Spanish and English; distribute notices of employees' statutory protection from discrimination in Spanish and English; and implement policies designed to promote supervisor accountability. The terms of the agreement were to run for 2.5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Kevin Wilemon - 05/19/2008
- 06/15/2017


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
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
State law
State Anti-Discrimination Law
Defendant(s) Albert Warden
Albert Warden
Albert Warden
La Mexicana, Inc
La Mexicana, 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 2007 - 2010
Case Closing Year 2010
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-01359-TSZ (W.D. Wash.)
EE-WA-0043-9000.pdf | Detail
Date: 11/30/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-WA-0043-0001.pdf | Detail
Date: 09/21/2006
Amended Complaint [ECF# 7-1]
EE-WA-0043-0002.pdf | Detail
Date: 11/02/2006
Intervenor Complaint [ECF# 13]
EE-WA-0043-0003.pdf | Detail
Date: 12/04/2006
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order for Voluntary Dismissal [] (W.D. Wash.)
EE-WA-0043-0004.pdf | Detail
Date: 09/13/2007
Order of Dismissal (W.D. Wash.)
EE-WA-0043-0005.pdf | Detail
Date: 11/14/2007
Proposed Consent Decree and Order of Dismissal
EE-WA-0043-0006.pdf | Detail
Date: 11/27/2007
Order Approving Consent Decree and Retaining Jurisdiction (W.D. Wash.)
EE-WA-0043-0007.pdf | Detail
Date: 11/30/2007

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