University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. AIRBORNE EXPRESS et al EE-NM-0002
Docket / Court 1:04-cv-01118-JAP-WPL ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More ... read more >
The Phoenix and Albuquerque offices of the EEOC brought this suit against DHL Express, Inc. and Air One Transport in the United States District Court for the District of New Mexico in September 2004. The complaint alleged discrimination against a female employee in violation of Title VII. More specifically, the complaint alleged the defendant allowed the complainant to be sexually harassed, subjected her to discipline and other conditions of employment based on her sex and failed to promote her because of her sex. The complaint also alleged the defendant retaliated against the complainant for complaints made on her behalf. The complainant was allowed to enter the suit as an intervenor plaintiff and her complaint added additional state anti-discrimination law and other state law claims. After several discovery disputes, the parties entered separate consent decrees in December 2005.

The consent decree with DHL, which was amended February 24, 2006, enjoins the defendant from discrimination or retaliation. The settlement includes a $175,000 payment to the plaintiff and provision of neutral references on behalf of the plaintiff. DHL must also institute policies that will prevent sex discrimination including reviewing or developing policies and procedures on sex discrimination, distribute the policy and procedures to employees, training employees on sex discrimination, and post a notice. DHL is required to report to the EEOC for three years from the entry of the decree.

A similar consent decree was entered into with Air One. It requires the company not discriminate or retaliate, pay $125,000 to plaintiff, develop or review policies and procedures on sex discrimination, and distribute the policies and procedures to employees. Air One must also provide training, post a notice, and report to the EEOC for three years.

Following the entry of the decrees, the plaintiff voluntarily dismissed the charges. As no further entries appear in the docket, presumably this case closed in 2009.

Kevin Wilemon - 08/14/2008
Rachel Barr - 03/11/2018


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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
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
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 State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Air One Transport
Air One Transport
DHL Express (USA), Inc.
DHL Express (USA), 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
Filed Pro Se 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 2005 - 2009
Filing Year 2004
Case Closing Year 2009
Case Ongoing No
Docket(s)
1:04-cv-01118-JAP-WPL (D.N.M.)
EE-NM-0002-9000.pdf | Detail
Date: 02/24/2006
General Documents
Complaint
EE-NM-0002-0001.pdf | Detail
Date: 09/30/2004
First Amended Complaint
EE-NM-0002-0002.pdf | Detail
Date: 12/01/2004
Intervenor's Complaint
EE-NM-0002-0003.pdf | Detail
Date: 01/05/2005
First Amended Complaint in Intervention
EE-NM-0002-0004.pdf | Detail
Date: 02/16/2005
Order [Motion to Dismiss First Amended Complaint] (D.N.M.)
EE-NM-0002-0005.pdf | Detail
Date: 06/30/2005
Second Amended Complaint
EE-NM-0002-0006.pdf | Detail
Date: 10/03/2005
Consent Decree as to Defendants Air One Transport Group Inc and Air One Transport of New Mexico LLC
EE-NM-0002-0007.pdf | Detail
Date: 12/06/2005
Consent Decree as to DHL Express USA Inc
EE-NM-0002-0008.pdf | Detail
Date: 12/06/2005
Amended Consent Decree as to DHL Express USA Inc
EE-NM-0002-0009.pdf | Detail
Date: 02/24/2006

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