University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE MELROSE HOTEL EE-NY-0168
Docket / Court 04-CV-7514 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the New York District Office of the EEOC filed this lawsuit against Melrose Hotel Company, Inc., MHC Barbizon, L.P., and Berwind Property Group, Ltd. in the U.S. District Court for the Southern District of New York, alleging discrimination on the basis of national origin, ... read more >
In September 2004, the New York District Office of the EEOC filed this lawsuit against Melrose Hotel Company, Inc., MHC Barbizon, L.P., and Berwind Property Group, Ltd. in the U.S. District Court for the Southern District of New York, alleging discrimination on the basis of national origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged the managers and employees at The Melrose Hotel New York in Manhattan harassed complainants with an English-only rule, subjected them to verbal abuse, infringed upon other terms and conditions of employment, and subjected them to discharge and retaliation. Following some discovery, the parties settled the lawsuit in March 2006 through a consent decree.

The three-year decree, containing agreements not to discriminate, retaliate, or require only the use of the English language in the workplace, required the defendant to: report on complaints and make other compliance reports, keep records, allow the EEOC access for monitoring compliance, develop its anti-discrimination policy, distribute notice of employee rights, provide EEO training, notify the EEOC if they will own, operate, or manage a hotel in New York City again, provide modifications of their non-discrimination policies to the EEOC for approval, and pay $80,000 to be distributed among 13 individuals.

David Friedman - 04/09/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Berwind Property Group, Ltd.
Melrose Hotel Company, Inc.
MHC Barbizon, L.P.
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 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 2003 - 2006
Case Closing Year 2006
Case Ongoing No
Additional Resources
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  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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:04-cv-07514-AKH (S.D.N.Y.)
EE-NY-0168-9000.pdf | Detail
Date: 03/21/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NY-0168-0001.pdf | Detail
Date: 09/23/2004
Consent Decree
EE-NY-0168-0002.pdf | Detail
Date: 03/21/2006
EEOC Litigation Settlements - March 2006
EE-NY-0168-0003.pdf | Detail
Date: 05/19/2006

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