University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Eagle Produce EE-AZ-0046
Docket / Court 2:06-cv-1921-NVW ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2006, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit against Eagle Produce L.L.C. in the U.S. District Court for the District of Arizona alleging wage discrimination on the basis of sex in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights ... read more >
In August 2006, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit against Eagle Produce L.L.C. in the U.S. District Court for the District of Arizona alleging wage discrimination on the basis of sex in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant paid male Quality Control Inspectors more than female Inspectors ones despite their performance of substantially similar work duties. The complainants sought a permanent injunction ending the pay disparity and damages for the individual named plaintiffs.

Both parties moved for summary judgment. Eagle Productions argued that the EEOC lacked evidence to support its claims because the female employees did not perform work equal to that performed by the two comparative male employees. It further argued that the Title VII claim was time-barred. The EEOC sought summary judgment as to Eagle Produce’s statute of limitations defense, its laches defense, and its claim that one of the plaintiffs failed to mitigate her damages.

On June 6, 2008, Judge Neil Wake granted in part and denied in part the plaintiff and defendant’s motions for summary judgment. Specifically, he held that all claims for conduct prior to August 7, 2004 under both Title VII and the Equal Pay Act were barred because of the statute of limitations. All claims under the Equal Pay Act for conduct occurring after August 7, 2004 were still valid. This removed one complainant from the case. Judge Wake further granted the Plaintiff’s motion for summary judgment as to the failure to mitigate damages. 2008 WL 11339627.

The EEOC moved for reconsideration of the order, but Judge Wake denied this motion on July 18th. 2008 WL 2796407.

The parties then entered into settlement conversations. They submitted an agreement to the Court on October 3, 2008, and the Court subsequently dismissed the case with prejudice and required the parties to pay their own attorney fees. Under the settlement, the defendant agreed not to engage in similar discrimination in the future, to pay $9,000 in monetary relief (including back pay and payroll taxes, liquidated damages, and compensatory damages), and to expunge all references to this action and litigation from the complaining employee's employment file. Further, Eagle Produce agreed to provide training on the Equal Pay Act and discrimination, review and modify written policies regarding wage and gender discrimination, promptly investigate future claims of discrimination, and file required reports with the EEOC District Office for the duration of the settlement agreement. The Court retained jurisdiction over the case for one year to enforce the settlement. There was no further action and the case is now closed.

David Friedman - 05/20/2008
Rachel Barr - 10/08/2017


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Training
Discrimination-area
Pay / Benefits
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Equal Pay Act, 29 U.S.C. § 206(d)
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Eagle Produce, L.L.C.
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 2008 - 2009
Case Closing Year 2009
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-1921-NVW (D. Ariz.)
EE-AZ-0046-9000.pdf | Detail
Date: 10/07/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-AZ-0046-0001.pdf | Detail
Date: 08/07/2006
Amended Complaint
EE-AZ-0046-0002.pdf | Detail
Date: 11/29/2006
Order [ECF# 89] (2008 WL 11339627) (D. Ariz.)
EE-AZ-0046-0005.pdf | WESTLAW | Detail
Date: 06/06/2008
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 92] (2008 WL 2796407) (D. Ariz.)
EE-AZ-0046-0006.pdf | WESTLAW | Detail
Date: 07/18/2008
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [ECF# 117-1]
EE-AZ-0046-0004.pdf | Detail
Date: 10/03/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Wake, Neil Vincent (D. Ariz.)
EE-AZ-0046-0005 | EE-AZ-0046-0006 | EE-AZ-0046-9000
Plaintiff's Lawyers Chen, Tin-Tin Diana (Arizona)
EE-AZ-0046-9000
O'Neill, Mary Jo (Arizona)
EE-AZ-0046-0004 | EE-AZ-0046-9000
Rosas, Lucila G. (Arizona)
EE-AZ-0046-0004 | EE-AZ-0046-9000
Shanley, Sally C. (Arizona)
EE-AZ-0046-0004 | EE-AZ-0046-9000
Defendant's Lawyers Carroll, Michael F. (Arizona)
EE-AZ-0046-0004 | EE-AZ-0046-9000
Reiman, Clarissa Braza (Arizona)
EE-AZ-0046-9000

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