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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Burlington Medical Supplies EE-VA-0016
Docket / Court 4:06-cv-122 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 21, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Burlington Medical Supplies, Inc. in the U.S. District Court for the Eastern District of Virginia under Title VII. While the Clearinghouse does not have a copy of the complaint, a published opinion ... read more >
On September 21, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Burlington Medical Supplies, Inc. in the U.S. District Court for the Eastern District of Virginia under Title VII. While the Clearinghouse does not have a copy of the complaint, a published opinion revealed that the EEOC claimed that a pattern or practice of sexual harassment existed at Burlington, creating a hostile work environment that constituted sex discrimination. Specifically, it claimed that one of Burlington’s owners and its sales manager made sexual comments to several female employees. The EEOC sought damages for the victims and injunctive relief to prevent further discrimination.

Burlington moved for summary judgment, arguing that sexual harassment is “unsuited for class or pattern or practice treatment” because it is subjective. On November 1, 2007, Judge Walter D. Kelley Jr. denied the defendant's motion. Judge Kelley held that the EEOC could establish sex discrimination by proving that the harassment at Burlington was “unwelcome from the standpoint of a reasonable woman” and so pervasive that it would “alter the terns or conditions of a reasonable person’s employment.” 536 F. Supp. 2d 647.

The parties attended a settlement conference in early April 2008, resulting in a consent decree that Judge Kelley signed on April 29. Under the decree, Burlington would pay $70,000 and provide additional training for employees. The consent decree was set to last two years. On May 23, 2008, the court ordered the case dismissed with prejudice; however, the court maintained jurisdiction to enforce the decree.

Those two years passed without any additional filings in court. The case is now closed.

Shankar Viswanathan - 06/03/2008
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
Training
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Defendant(s) Burlington Medical Supplies, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of employees.
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 - 2010
Filing Year 2006
Case Closing Year 2010
Case Ongoing No
Additional Resources
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  Sexual Harassment in the Workplace: Law & Practice
Date: May 2019
By: Alba Conte
[ Detail ]

Docket(s)
4:06-cv-00122-WDK-JEB (E.D. Va.)
EE-VA-0016-9000.pdf | Detail
Date: 06/25/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion (536 F.Supp.2d 647) (E.D. Va.)
EE-VA-0016-0001.pdf | WESTLAW| LEXIS | Detail
Date: 03/03/2008
Source: Westlaw
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Judges Bradberry, James E. (E.D. Va.) [Magistrate] show/hide docs
EE-VA-0016-9000
Friedman, Jerome B. (E.D. Va.) show/hide docs
EE-VA-0016-9000
Kelley, Walter DeKalb Jr. (E.D. Va.) show/hide docs
EE-VA-0016-0001
Plaintiff's Lawyers Caldwell, Stacey Turner (Virginia) show/hide docs
EE-VA-0016-9000
Garber, Amy E. (Virginia) show/hide docs
EE-VA-0016-9000
Spicer, Tracy Hudson (District of Columbia) show/hide docs
EE-VA-0016-9000
Defendant's Lawyers Burton, David Christopher (Virginia) show/hide docs
EE-VA-0016-9000
Rafal, Sara Berg (Virginia) show/hide docs
EE-VA-0016-9000
Saunders, Melissa (Virginia) show/hide docs
EE-VA-0016-9000

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