University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Foam Works, LLC EE-CA-0087
Docket / Court 2:06-cv-02146-MCE-EFB ( E.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 27, 2006, the EEOC filed this lawsuit in the U.S. District Court for the Easter District of California. The EEOC sued Foam Works, LLC under Title VII of the Civil Rights Act of 1964, bringing this suit on behalf of a female employee who sought a permanent injunction enjoining Foam ... read more >
On September 27, 2006, the EEOC filed this lawsuit in the U.S. District Court for the Easter District of California. The EEOC sued Foam Works, LLC under Title VII of the Civil Rights Act of 1964, bringing this suit on behalf of a female employee who sought a permanent injunction enjoining Foam Works, LLC from discriminating against employees on the basis of sex or from discriminating against employees for opposing unlawful employment practices. The EEOC also sought backpay and punitive damages for the female employee.

In the complaint, the employee claimed that she had experienced sexual harassment in the form of derogatory comments. When the employee complained about the harassment her employer retaliated against her by reducing her hours and duties. She was ultimately discharged.

On October 12, 2007, District Judge Morrison C. England approved and ordered a proposed consent decree. The consent decree required the defendant to pay the complainant $21,500 in compensatory damages. The defendant was also required to conduct annual training on harassment, institute a confidential complaint procedure, retain pertinent records, and allow the EEOC to inspect documents with twenty days notice. Its effective period was 3 years, and there's nothing more on the docket--so presumably the matter ended in 2010.

Kevin Wilemon - 05/22/2008
Gabriela Hybel - 10/30/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Foam Works, LLC
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
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-02146-MCE-EFB (E.D. Cal.)
EE-CA-0087-9000.pdf | Detail
Date: 10/15/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-CA-0087-0001.pdf | Detail
Date: 09/27/2006
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 11]
EE-CA-0087-0002.pdf | Detail
Date: 10/12/2007
Source: PACER [Public Access to Court Electronic Records]
Exhibit "A" Notice to All Employees [ECF# 13]
EE-CA-0087-0003.pdf | Detail
Date: 10/12/2007
Source: PACER [Public Access to Court Electronic Records]
Judges England, Morrison C. Jr. Court not on record
EE-CA-0087-9000
Plaintiff's Lawyers Morrison, Angela D. (Nevada)
EE-CA-0087-9000
Park, Anna Y. (California)
EE-CA-0087-9000
Defendant's Lawyers Khoobyarian, Erik P (California)
EE-CA-0087-9000

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