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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Trataros Construction EE-NY-0173
Docket / Court 1:01-cv-05127-DLI ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In August 2001, the EEOC district office in New York brought this action against Trataros Construction, Inc., in the U.S. District Court for the Eastern District of New York. The complaint was filed under Title VII of the Civil Rights Act, alleging that the defendant discriminated against female ... read more >
In August 2001, the EEOC district office in New York brought this action against Trataros Construction, Inc., in the U.S. District Court for the Eastern District of New York. The complaint was filed under Title VII of the Civil Rights Act, alleging that the defendant discriminated against female employees by subjecting them to a hostile work environment and discriminatory job assignments based on their sex, and subsequently retaliated when they complained.

The case was primarily characterized by a battle between the defendant and its insurance company for indemnification. After the EEOC filed its suit, three private parties intervened as plaintiffs. Trataros then brought an impleader complaint under Federal Rule 14 against Admiral insurance. The intervenor-plaintiffs then filed their own complaint against Admiral. Admiral moved to dismiss the intervenors' claims for failure to state a claim, while the intervenors filed a cross-motion for summary judgment against Admiral. The court dismissed the intervenors' claim against Admiral. Admiral and Trataros also filed cross-motions for summary judgment against one another. Admiral's motion was granted only to determine that the plaintiffs did not have standing to bring a direct action against Admiral. Trataro's motion was granted because it had timely given notice on the claim to Admiral. On April 30, 2004, Admiral filed a notice of appeal as to this order.

In March 2005 the case settled and a consent decree entered. The defendant agreed to pay a total of $355,000, with $200,000 going directly to the aggrieved parties and the remainder for attorneys fees. Because the defendant went out of business, injunctive relief was conditioned on the defendant resuming its business operations; if it does, it must provide EEO training to all its staff, post an EEO notice, revise its EEO policy, implement a complaint procedure, refrain from retaliating and discriminating based on sex, and work with a women's labor advocacy group to help recruit, train, and promote women in labor. The settlement was scheduled to last five years.

On April 27, 2005, the appeal that had been filed by Admiral was withdrawn with prejudice by its attorney. As there is no additional activity in the docket, presumably the case is now closed.

Jason Chester - 08/01/2007
Rachel Barr - 03/11/2018
Daniele de Oliveira Nunes - 04/14/2019


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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
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Admiral Insurance Company
Trataros Construction, Inc.
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 2005 - 2010
Filing Year 2001
Case Closing Year 2010
Case Ongoing No
Docket(s)
1:01-cv-05127-DLI (E.D.N.Y.)
EE-NY-0173-9000.pdf | Detail
Date: 04/27/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum & Order [ECF# 96] (E.D.N.Y.)
EE-NY-0173-0001.pdf | Detail
Date: 03/31/2004
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order [ECF# 105] (E.D.N.Y.)
EE-NY-0173-0002.pdf | Detail
Date: 08/19/2004
Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (March 2005)
EE-NY-0173-0004.pdf | Detail
Date: 03/16/2005
Consent Decree [ECF# 113]
EE-NY-0173-0003.pdf | Detail
Date: 03/16/2005
Source: PACER [Public Access to Court Electronic Records]

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