In this Title VII case, brought in the District of New Mexico by the EEOC's Washington, D.C. office (along with the Phoenix and Albuquerque offices) in July 2001, the complaint alleged that the defendant sexually harassed, including sexually assaulted, and discriminated against the fifteen year old female charging party because of her sex. The charging party intervened in the suit in February 2002 (adding causes of action for state law claims). The defendant filed for bankruptcy in January 2002. The court entered a default judgment in favor of the EEOC and the charging party in March and October of 2002.

The default judgment required the defendant to pay the charging party $50,000 in compensatory and punitive damages under Title VII, $3,240 in back pay under Title VII, $1,000,000 for severe pain, trauma, and permanent psychological injury, $200,000 in punitive damages, and reasonable attorney fees. The defendant was also required to enjoin from discrimination based on sex, to institute and carry out policies, practices, and programs of equal opportunity, and to report to the EEOC if it plans to reenter business in New Mexico.

Kevin Wilemon - 05/31/2007


compress summary