University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Sami Martinez v. North Central Supply, Inc. EE-SD-0006
Docket / Court 03-5091 ( D.S.D. )
State/Territory South Dakota
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the EEOC filed this suit against North Central Supply, Inc. in the U.S. District Court for the District of South Dakota alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant terminated the charging ... read more >
In September 2003, the EEOC filed this suit against North Central Supply, Inc. in the U.S. District Court for the District of South Dakota alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant terminated the charging party, a female employee, because she was pregnant. The charging party intervened in the suit in November 2003. After some discovery and scheduling orders, the EEOC and the defendant settled in September 2005 through a consent decree. The charging party and the defendant eventually settled their claims in April 2006.

The September 2005 consent decree contained non-discrimination and non-retaliation clauses and had a term of five years. Under the terms of the decree, the defendant agreed to: provide semi-annual reports to the EEOC, post a Title VII notice, adopt and distribute an anti-discrimination policy, and provide annual Title VII training for its supervisors and managers. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Michele Marxkors - 06/18/2007


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
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) North Central Supply, Inc.
Plaintiff Description The EEOC filing on behalf of a female employee who was allegedly fired for being pregnant
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 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)
5:03-cv-05091-RHB (D.S.D.)
EE-SD-0006-9000.pdf | Detail
Date: 04/07/2006
General Documents
Complaint
EE-SD-0006-0001.pdf | Detail
Date: 09/17/2003
Intervenor Complaint
EE-SD-0006-0002.pdf | Detail
Date: 11/24/2003
Consent Decree
EE-SD-0006-0003.pdf | Detail
Date: 09/12/2005
Judgment of Dismissal (D.S.D.)
EE-SD-0006-0004.pdf | Detail
Date: 01/11/2006

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