Case: Van Nguyen & EEOC v. American Seafoods Cov. AMERICAN SEAFOODS COMPANY

2:98-cv-00525 | U.S. District Court for the Western District of Washington

Filed Date: April 22, 1998

Closed Date: Sept. 21, 2001

Clearinghouse coding complete

Case Summary

The Seattle office of the EEOC entered this suit as an intervenor plaintiff against American Seafoods Company in the U.S. District Court for the Western District of Washington in September 1998. With private counsel, the plaintiffs had filed a lawsuit in state court which was then removed to the District Court for the Western District of Washington. We do not have a copy of the intervenor complaint, but it alleged discrimination in violation of Title VII of the Civil Rights Act of 1964. More…

The Seattle office of the EEOC entered this suit as an intervenor plaintiff against American Seafoods Company in the U.S. District Court for the Western District of Washington in September 1998. With private counsel, the plaintiffs had filed a lawsuit in state court which was then removed to the District Court for the Western District of Washington. We do not have a copy of the intervenor complaint, but it alleged discrimination in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged American Seafoods Company violated Title VII by subjecting Vietnamese employees to unlawful harassment and inequitable conditions of employment, by preventing them from being promoted, subjecting them to demotion, reducing their wages and constructively discharging them. After several discovery motions filed by the private plaintiffs were granted and several partial motions for summary judgment were granted, the parties settled the case in September 1999 through the entry of a consent decree.

The consent decree included non-discrimination and non-retaliation clauses, required the defendant to develop an anti-discrimination policy and post and distribute the policy. The defendant was also required to train all management and supervisory employees with regard to job training and promotion programs for processors and policies and procedures regarding discrimination and harassment. Additional training was required of vessel personnel and was required to include a videotaped presentation by a high ranking official within American Seafoods emphasizing the company's commitment to conduct hiring, job assignment, training and promotion practices in a non-discriminatory manner. The decree also called for the establishment of a job training and promotion program for processors to increase the employment opportunities for processors. The defendant was also required to utilize a Consent Decree Administrator to investigate employee complaints of discrimination. In addition, the decree required American Seafoods to report to the EEOC on internal and external complaints of discrimination and give the EEOC access to personnel officials, managers, and other employees. The injunctive parts of the decree had a two year term. If the EEOC found non-compliance, the decree required the EEOC to give notice to American Seafoods and allow for mediation prior to the application to the Court for enforcement. American Seafoods also agreed to pay $1,250,000 to the eighteen employees to be distributed by plaintiffs' private counsel and American Seafoods.

Summary Authors

Justin Kanter (6/6/2008)

Documents in the Clearinghouse

Document

2:98-cv-00525

Docket [PACER]

Van Nguyen v. American Seafood Company

Sept. 21, 1999

Sept. 21, 1999

Docket
80

2:98-cv-00525

Order on Plaintiffs' Motions for Partial Summary Judgment

Van Nguyen v. American Seafood Company

June 1, 1999

June 1, 1999

Order/Opinion
89

2:98-cv-00525

Order on Defendant's Motion to Bifurcate

Van Nguyen v. American Seafood Company

June 11, 1999

June 11, 1999

Order/Opinion
95

2:98-cv-00525

2:98-cv-01099

Consent Decree

Van Nguyen v. American Seafood Company

Sept. 21, 1999

Sept. 21, 1999

Settlement Agreement

Resources

Docket

Last updated March 19, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) Receipt # no fee (Jones Act) (PM) (Entered: 08/15/1998)

Aug. 7, 1998

Aug. 7, 1998

2

PRAECIPE: by atty for plaintiff Don Van Nguyen, plaintiff Hung Chu instructing clerk to isue summons re: complaint [1-1]. Summons Issued 8/7/98 (dktclk) (Entered: 08/18/1998)

Aug. 7, 1998

Aug. 7, 1998

3

PRAECIPE: by atty for plaintiff Don Van Nguyen, plaintiff Hung Chu instructing clerk to not issue a warrant for arrest for the F/T Ocean Rover re: complaint [1-1] (dktclk) (Entered: 08/18/1998)

Aug. 7, 1998

Aug. 7, 1998

5

ATTORNEY APPEARANCE for defendant American Seafoods Co by Stephen Christopher Smith (dktclk) (Entered: 08/27/1998)

Aug. 26, 1998

Aug. 26, 1998

6

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 10/30/98 (cc: counsel) (dktclk) (Entered: 09/14/1998)

Sept. 11, 1998

Sept. 11, 1998

7

ORDER re: DISCOVERY and DEPOSITIONS by Judge Thomas S. Zilly (cc: counsel) (dktclk) (Entered: 09/14/1998)

Sept. 11, 1998

Sept. 11, 1998

8

STIPULATION to consolidate w/C98-1099Z (MD) (Entered: 11/02/1998)

Oct. 30, 1998

Oct. 30, 1998

LODGED ORDER: re: stipulation to consolidate actions [8-1] (MD) (Entered: 11/02/1998)

Oct. 30, 1998

Oct. 30, 1998

9

MINUTE ORDER: by Judge Thomas S. Zilly. Honorable Thomas S Zilly TRANSFERS the case to Honorable William L Dwyer as RELATED to C98-525WD. All future pleadings shall bear the cause number C98-1099WD. (cc: counsel, Judge, INTAKE, E.S., WLD, C.C.) (dktclk) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

10

ORDER by Judge William L. Dwyer consolidating action with C98-525WD. All pleadings to be filed in C98-525WD. (cc: counsel, Judge) (MD) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 22, 1998

Closing Date: Sept. 21, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

American Seafoods Company, Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: 1250000

Order Duration: 1999 - 2001

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

National origin discrimination

Race:

Asian/Pacific Islander

EEOC-centric:

EEOC Intervened in Private Suit