Case: EEOC v. BVI PRECISION MATERIALS COMPANY

2:06-cv-04362 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 29, 2006

Closed Date: 2010

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Case Summary

In September 2006, the Philadelphia District Office of the EEOC filed this suit against BVI Precision Materials Company in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to sexual harassment consisting of sexually offensive remarks and unwelcome sexual advances. In additi…

In September 2006, the Philadelphia District Office of the EEOC filed this suit against BVI Precision Materials Company in the U.S. District Court for the Eastern District of Pennsylvania alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, a female employee, to sexual harassment consisting of sexually offensive remarks and unwelcome sexual advances. In addition, the defendant retaliated against the charging party by terminating her in response to her complaints of the sexual harassment. The charging party intervened in the suit in December 2006, and the parties settled through a consent decree about two months later in February 2007.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: give the charging party a neutral reference, post a notice of this decree, develop an anti-discrimination policy and complaint procedure, distribute the policy to all its employees, provide annual Title VII training for its supervisors and mangers, report to the EEOC at specified intervals, and pay the charging party $80,000. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Michele Marxkors (6/15/2007)

People

Attorney for Plaintiff

Cooper, Ronald S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Ramos, Marisol (Pennsylvania)

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Documents in the Clearinghouse

Document

2:06-cv-04362

Docket

EEOC v. BVI Precision Materials Company

Feb. 21, 2007

Feb. 21, 2007

Docket
1

2:06-cv-04362

Complaint

EEOC v. BVI Precision Materials Company

Sept. 29, 2006

Sept. 29, 2006

Complaint
14

2:06-cv-04362

Consent Decree

EEOC v. BVI Precision Materials Company

Feb. 15, 2007

Feb. 15, 2007

Settlement Agreement

Resources

Docket

Last updated March 20, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against BVI PRECISION MATERIALS COMPANY , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet # 2 Designation Form# 3 Case Management)(ti, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

2

NOTICE of Appearance by MARK C. STEPHENSON on behalf of BVI PRECISION MATERIALS COMPANY with Certificate of Service (STEPHENSON, MARK) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

3

MOTION TO INTERVENE AS PLAINTIFF IN THE ABOVE-CAPTIONED MATTER FILED BY HEATHER BAKER,CERTIFICATE OF SERVICE. (INTERVENOR-COMPLAINT ATTACHED) (Attachments: # 1 VERIFICATION)(mac, ) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

4

SUMMONS Returned Executed filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: E. Afflerbach served Summons and Complaint upon D. Litzenberger on behalf of BVI PRECISION MATERIALS COMPANY by Personal Service. BVI PRECISION MATERIALS COMPANY served on 10/16/2006, answer due 11/6/2006. (mac, ) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

5

ANSWER to Complaint together with and Affirmative Defenses by BVI PRECISION MATERIALS COMPANY.(STEPHENSON, MARK) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

6

NOTICE of Hearing: RULE 16 CONFERENCE SET FOR 12/6/2006 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE J. CURTIS JOYNER. (ajm, ) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

7

NOTICE of Hearing: RULE 16 CONFERENCE SET FOR 12/6/2006 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE J. CURTIS JOYNER. (ajm, ) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

8

NOTICE of Appearance by THOMAS C. DELORENZO on behalf of BVI PRECISION MATERIALS COMPANY with Jury Demand and Certificate of Service (DELORENZO, THOMAS) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

9

NOTICE of Appearance filed by LEONARD G. VILLARI on behalf of HEATHER BAKER, certificate of service. (mac, ) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

10

Minute Entry for proceedings held before Judge J. CURTIS JOYNER : Pretrial Conference held on 12/6/06. (mac, ) (Entered: 12/13/2006)

Dec. 12, 2006

Dec. 12, 2006

11

ORDER THAT HEATHER BAKER'S UNOPPOSED MOTION TO INTERVENE AS A PLAINTIFF IS GRANTED, THE COURT AMENDS THE CAPTION TO REFLECT THE ADDITION OF HEATHER BAKER AS A PLAINTIFF IN THIS MATTER. SIGNED BY JUDGE J. CURTIS JOYNER ON 12/8/06.12/13/06 ENTERED AND COPIES MAILED, E-MAILED. (mac, ) (Entered: 12/13/2006)

Dec. 12, 2006

Dec. 12, 2006

12

Intervenor-Complaint against BVI PRECISION MATERIALS, INC. , filed by HEATHER BAKER.(mac, ) (Entered: 12/13/2006)

Dec. 12, 2006

Dec. 12, 2006

13

SCHEDULING ORDER: DISCOVERY DUE BY 4/9/2007. MOTIONS FOR SUMMARY JUDGMENT DUE BY 5/18/2007. JOINT PRETRIAL MEMO DUE 5 DAYS BEFORE SETTLEMENT CONFERENCE. TRIAL POOL SET FOR 5/31/2007. SIGNED BY JUDGE J. CURTIS JOYNER ON 12/8/06. 12/14/06 ENTERED AND COPIES MAILED, E-MAILED.(mac, ) (Entered: 12/14/2006)

Dec. 13, 2006

Dec. 13, 2006

14

SETTLEMENT AGREEMENT Consent Decree by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (RAMOS, MARISOL) Modified on 2/16/2007 (afm, ). (FILED IN ERROR BY ATTORNEY, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

15

CONSENT DECREE IS ENTERED INTO BY AND SHALL BE FINAL AND BINDING BETWEEN THE EEOC AND BVI, ITS DIRECTORS, OFFICERS, AGENTS, SUCCESSORS AND ASSIGNS, ETC. SIGNED BY JUDGE J. CURTIS JOYNER ON 2/20/07. 2/22/07 ENTERED AND COPIES MAILED.(mac, ) (Entered: 02/22/2007)

Feb. 21, 2007

Feb. 21, 2007

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

BVI Precision Materials Company (Reading, PA), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 80000

Order Duration: 2007 - 2010

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit