The Denver and New Mexico Offices of the EEOC filed this action in the District Court for the District of South Dakota. The Defendant was Siouxland Oral Maxillofacial Surgery Associates, LLP, an outpatient surgical center for oral and maxillofacial surgery. The controversy involved the alleged termination of one complaint because of her pregnancy, and the alleged failure to hire the other complainant due to her sex. The lawsuit was filed in December 2004 and was tried to a jury in April 2007. The jury awarded a total of $21,098 to the two complainants, both of whom had intervened in the case. The defendant initially filed a motion to sever, and later a motion for separate trials, both of which were denied. They also had a motion for summary judgment denied in part, although the court did dismiss the EEOC's pattern-or-practice claim. After the jury verdict in their favor, the EEOC filed for injunctive relief, which was denied. Both parties appealed, but consented to withdrawing the appeal to allow the district court to determine the amount of prejudgment interest due on the award of backpay. The defendant appealed the district court's award of interest, which is still bending as of 4/22/2008.

Kevin Wilemon - 08/17/2007


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