Case: EEOC v. BALLY NORTH AMERICA, INC.

1:05-cv-00631 | U.S. District Court for the District of Hawaii

Filed Date: Sept. 30, 2005

Closed Date: Jan. 4, 2008

Clearinghouse coding complete

Case Summary

In September 2005, the San Francisco District Office of the EEOC (with participation from the Honolulu Local Office) brought this suit against Bally North America, Inc. in the U.S. District Court for the District of Hawaii. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against the charging party in violation of Title VII of the Civil Rights A…

In September 2005, the San Francisco District Office of the EEOC (with participation from the Honolulu Local Office) brought this suit against Bally North America, Inc. in the U.S. District Court for the District of Hawaii. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant discriminated against the charging party in violation of Title VII of the Civil Rights Act of 1964 by subjecting her to a hostile work environment based of her race and national origin and retaliating against her for her complaints of the harassment. After a couple scheduling orders, the parties settled through a consent decree in early January 2006.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide annual Title VII and ADA training for all its employees, report to the EEOC at specified intervals, retain relevant records, and pay the charging party $200,000. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (7/31/2007)

Clearinghouse (6/13/2017)

Documents in the Clearinghouse

Document

1:05-cv-00631

Docket [PACER]

EEOC v. Bally North America, Inc.

Jan. 17, 2006

Jan. 17, 2006

Docket
5

1:05-cv-00631

Consent Decree

EEOC v. Bally North America, Inc.

Jan. 4, 2006

Jan. 4, 2006

Settlement Agreement

1:05-cv-00631

EEOC Litigation Settlement Report

EEOC v. Bally North America, Inc.

No Court

Jan. 4, 2006

Jan. 4, 2006

Press Release

Resources

Docket

Last updated March 22, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and jury trial demand; summons (Summons issued) (afc) (Entered: 10/01/2005)

Sept. 30, 2005

Sept. 30, 2005

2

ORDER by Judge David A. Ezra rule 16 scheduling conference set for 9:00 1/9/06 before Mag Judge Barry M. Kurren (afc) (Entered: 10/01/2005)

Sept. 30, 2005

Sept. 30, 2005

4

EO: Continued : [Rule 16 Scheduling Conference] from 01/09/2006 09:00:00 AM to 01/23/2006 09:00:00 AM before BMK. Scheduling Conference Statements due 01/17/2006. Wilfredo Tungol to notify parties. rule 16 conference set for 9:00 1/23/06 before Mag Judge Barry M. Kurren () JUDGE Mag Judge Barry M. Kurren (afc) Modified on 10/16/2005 (Entered: 10/16/2005)

Oct. 6, 2005

Oct. 6, 2005

3

SUBMISSION by plaintiff of original signature on page 6 of complaint and jury trial demand; summons; certificate of service [1-1] (afc) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

5

CONSENT DECREE - Signed by Judge SUSAN OKI MOLLWAY on 01/04/06 (afc) (Entered: 01/06/2006)

Jan. 4, 2006

Jan. 4, 2006

7

Submission of ORIGINAL SIGNATURE on page 12 of 5 consent decree (filed January 4, 2006); certificate of service (bbb, ) (Entered: 01/19/2006)

Jan. 17, 2006

Jan. 17, 2006

Case Details

State / Territory: Hawaii

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: Jan. 4, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bally North America, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

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: 200000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

EEOC-centric:

Direct Suit on Merits