On September 21, 2006, the Chicago office of the U.S. Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiff sued Mediterranean Partners under 42 USC §2000 (Title VII of the Civil Rights Act of 1964) and 42 USC §1981a (Title I of the Civil Right Act of 1991). The plaintiff sought a permanent injunction enjoining the defendant from engaging in any employment practices that discriminated on the basis of sex; institute and carry out equal employment opportunities for its employees regardless of sex; back pay; non- and pecuniary losses; and punitive damages. The plaintiff claimed that the defendant discriminated against four female employees ("CD", "RF", "PQ", "DS") and a class of female employees on the basis of their sex, by subjecting them to sexual harassment, failing to correct the sexually hostile work environment, and constructively discharging them.
On October 12 and October 31 two of the former employees named in the complaint ("DS" and "CD") separately moved to intervene as plaintiffs. Judge John A. Nordberg granted these motions on October 18 and November 8, respectively.
CD's complaint also named the individual owners of Mediterranean Partners as defendants, and claims under the Americans with Disabilities Act. The individual owners moved to dismiss on November 29. Judge Nordberg orally granted this motion on February 13, 2007.
After settlement negotiations, the EEOC and the defendant resolved the lawsuit by entry of a consent decree on February 27, 2008. Neither party admitted to any of the claims or defenses raised or asserted by the other in the case. The defendant was permanently enjoined from discriminating against any employee at the Oak Brook, IL facility on the basis of sex and from retaliating against any person at its Oak Brook, IL facility. The defendant was required to pay a total of $35,000 to six (6) employees and to implement anti-discrimination training for its employees.
The defendant was further required to document, maintain and make available records of each sexual harassment complaint received by them, and file reports with EEOC for a period of two (2) years. The decree was in effect for two (2) years and the court retained the jurisdiction to enforce the decree.
Having resolved the matter, the EEOC withdrew from the case in March 2008. Nonetheless, litigation continued between the defendant and the individual plaintiffs, DS and CD. CD voluntarily dismissed the case on April 14, but DS continued with discovery.
On March 26, 2008, the defendant filed an initial status report that indicated that it intended to file a Motion for Summary Judgment. The defendant argued that it was not an "employer" within the meaning of Title VII because it had not employed fifteen (15) or more employees for twenty (20) weeks of the current or preceding calendar year.
On April 30, 2008, the case was referred to Magistrate Judge Geraldine Soat Brown for discovery and settlement. On May 20, 2008 the defendant filed a motion for summary judgement as per the initial status report of March 26, 2008.
On July 1, 2008, District Judge Nordberg dismissed the case with prejudice.
The EEOC consent decree terminated as expected in 2010, and the case is now closed.
Shankar Viswanathan - 05/23/2008
Joanna Kuzdra - 03/23/2018
compress summary
