University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BALLY NORTH AMERICA, INC. EE-HI-0001
Docket / Court 1:05-cv-00631-SOM-BMK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
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 ... read more >
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.

Michele Marxkors - 07/31/2007
- 06/13/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Race 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) Bally North America, 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
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 2006 - 2008
Case Closing Year 2008
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 Faculty)
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 Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:05-cv-00631-SOM-BMK (D. Haw.)
EE-HI-0001-9000.pdf | Detail
Date: 01/17/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree
EE-HI-0001-0001.pdf | Detail
Date: 01/04/2006
EEOC Litigation Settlement Report
EE-HI-0001-0002.pdf | Detail
Date: 01/04/2006

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