University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PVNF, LLC d/b/a/ Chuck Daggett Motors EE-NM-0039
Docket / Court 1:03-cv-00991 ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2003, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of Arizona against PVNF LLC d/b/a Chuck Daggett Motors alleging violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the EEOC alleged ... read more >
In August 2003, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of Arizona against PVNF LLC d/b/a Chuck Daggett Motors alleging violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. Specifically, the EEOC alleged the defendant created a hostile work environment for pregnant women and all females through verbal abuse, including disparaging remarks and insults directed at all pregnant women, sexist remarks and anti-female remarks. In addition, the EEOC alleged that the defendant denied women payments for insurance premiums and retaliated against women who opposed the unlawful practices.

In April 2004, the parties reached a settlement and entered into a consent decree, which was adopted by the court, that settled the suit regarding pregnancy discrimination claims. The three-year consent decree required defendant to pay $6,500 in compensatory damages, attend training on pregnancy discrimination, expunge records of the discrimination charge, refrain from discrimination and retaliation, review and update pregnancy discrimination polices, and report to the EEOC among other things.

The sexism claims proceeded to trial, following cross motions for summary judgment, in May 2005. Following a four-day trial, the defendant moved for and was granted a judgment as a matter of law. The court concluded that certain claims brought by EEOC were “frivolous, unreasonable or without foundation,” entitling PVNF to recover its
attorney’s fees in connection with that portion of the plaintiff's claim related to disparate
treatment.

The EEOC unsuccessfully moved to amend the judgment and for a new trial before filing an appeal in December 2005. On May 14, 2007, the Tenth Circuit reversed in part and remanded the case for a new trial because it found that a reasonable jury could determine that the complainants were subjected to a hostile work environment. 487 F.3d 790. It allowed the judgment as a matter of law for the defendant to stand on the issue of whether a particular complainant was constructively discharged. A few days before the new trial, the parties entered into a settlement agreement, which dealt only with attorneys fees and litigation costs. The EEOC moved to dismiss the case, which the court granted.

As the consent decree was set to last for three years, this case presumably closed in April 2007 as there is no further enforcement activity on the docket.

Tony Friedman - 08/25/2007
Rachel Barr - 04/08/2018


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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
Expungement of Employment Record
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
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Pay / Benefits
Discrimination-basis
Pregnancy discrimination
Sex 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. § 2000e
Defendant(s) PVNF LLC
PVNF LLC
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 Defendant
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
None
Source of Relief None
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2007
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
  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)
06-2011 (U.S. Court of Appeals)
EE-NM-0039-9001.pdf | Detail
Date: 05/14/2007
Source: PACER [Public Access to Court Electronic Records]
1:03-cv-00991-JEC-WDS (D.N.M.)
EE-NM-0039-9000.pdf | Detail
Date: 10/11/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NM-0039-0001.pdf | Detail
Date: 08/25/2003
Consent Decree []
EE-NM-0039-0002.pdf | Detail
Date: 04/26/2004
Order [re: Motion to Compel] (D.N.M.)
EE-NM-0039-0003.pdf | Detail
Date: 04/28/2004
Memorandum Opinion and Order [re: Summary Judgment] (D.N.M.)
EE-NM-0039-0004.pdf | Detail
Date: 03/09/2005
Memorandum Opinion and Order [Granting Summary Judgment] (D.N.M.)
EE-NM-0039-0005.pdf | Detail
Date: 03/17/2005
Findings of Fact and Conclusions of Law
EE-NM-0039-0006.pdf | Detail
Date: 06/30/2005
Memorandum Opinion and Order (D.N.M.)
EE-NM-0039-0007.pdf | Detail
Date: 11/02/2005
[USCA Opinion] (487 F.3d 790)
EE-NM-0039-0008.pdf | WESTLAW| LEXIS | Detail
Date: 05/14/2007
Settlement Agreement [ECF# 180-1]
EE-NM-0039-0009.pdf | Detail
Date: 10/11/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Conway, John Edwards (FISC, D.N.M.)
EE-NM-0039-9000
Plaintiff's Lawyers Dreiband, Eric S. (District of Columbia)
EE-NM-0039-9000
Medina, Loretta (New Mexico)
EE-NM-0039-0009 | EE-NM-0039-9000
Molina, Veronica A. (Arizona)
EE-NM-0039-9000
O'Neill, Mary Jo (Arizona)
EE-NM-0039-0009 | EE-NM-0039-9000
Shanley, Sally C. (Arizona)
EE-NM-0039-0009
Smith, C. Emanuel (Arizona)
EE-NM-0039-9000
Defendant's Lawyers Fuchs, Stephanie A (New Mexico)
EE-NM-0039-9000
Hemphill, Linda G (New Mexico)
EE-NM-0039-0009 | EE-NM-0039-9000
Okon, Christa M (New Mexico)
EE-NM-0039-0009 | EE-NM-0039-9000

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