University of Michigan Law School
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Case Name EEOC v. American Industrial Sales Corp EE-NY-0133
Docket / Court 6:06-cv-06426-MAT-JWF ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act ... read more >
On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act of 1964, alleging that the corporation had engaged in sex discrimination against an individual complainant employee and a class of similarly situated women. The EEOC sought injunctive and monetary relief.

Specifically, EEOC alleged that the company's owner, President, and Vice President had engaged in sexually harassing conduct, including inappropriate and unwanted touching, sexual advances, and demands for sexual favors, all of which had created a hostile work environment. When individual employees complained about these actions, they were terminated.

For the following year the parties engaged in discovery. In September 2007, Judge Jonathan W. Feldman referred the case to mediation.

On May 13, 2008, the court entered a consent decree. This decree required the defendants to adopt anti-discrimination policies, train their employees to adhere to the policies, report to the EEOC regarding discrimination complaints, and pay the plaintiffs $ 375,000 in monetary damages. The court maintained jurisdiction over the decree for three years.

This case is now closed.

Justin Kanter - 05/28/2008
Sean Whetstone - 05/21/2018


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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
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) American Industrial Sales Corp.
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
Filed Pro Se 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 2008 - 2011
Filing Year 2006
Case Closing Year 2011
Case Ongoing No
Docket(s)
6:06-cv-06426-MAT-JWF (W.D.N.Y.)
EE-NY-0133-9000.pdf | Detail
Date: 05/13/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-NY-0133-0001.pdf | Detail
Date: 08/23/2006
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 30]
EE-NY-0133-0002.pdf | Detail
Date: 05/13/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Feldman, Jonathan W. (W.D.N.Y.)
EE-NY-0133-9000
Telesca, Michael Anthony (W.D.N.Y.)
EE-NY-0133-0002 | EE-NY-0133-9000
Plaintiff's Lawyers Grossman, Elizabeth (New York)
EE-NY-0133-0002 | EE-NY-0133-9000
Malloy, Margaret Ann (New York)
EE-NY-0133-9000
Palacios, Rosa Liliana (Massachusetts)
EE-NY-0133-9000
Defendant's Lawyers Harrigan, Christopher J. (New York)
EE-NY-0133-9000
Heary, Robert P. (New York)
EE-NY-0133-0002 | EE-NY-0133-9000
Oppenheimer, Laurence (New York)
EE-NY-0133-9000

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