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Case Name EEOC v. NCL AMERICA EE-HI-0010
Docket / Court 06-00451-SPK-BMK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging ... read more >
The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, adding claims for discrimination and emotional distress under Hawaii state law, as well as 42 U.S.C. ß 1981. In January 2007, the defendants filed motions to dismiss the EEOC and the plaintiff-intervenors' complaints, but these motions were denied in August 2007. In August 2007, the intervenors filed a motion to consolidate this case with a private lawsuit one of them had filed against the defendant (1:07-cv-00372-SOM-BMK). This motion was granted in September 2007, and the EEOC case became the lead case.

In November 2007, the EEOC filed a motion for partial summary judgment against the defendants, which was eventually denied in February 2008. That same November, the defendants filed a flurry of summary judgment motions, four in total. These were responded too with one counter-motion for summary judgment by one of the intervenors in January 2008, two counter-motions for partial summary judgment by the EEOC in January 2008, and a counter-motion for summary judgment by the EEOC in January 2008. In February 2008 the court ruled on all the pending motions for summary judgment, denying all of them except for granting summary judgment to one of the defendants, NCL Corporation Ltd., and granting in part and denying in part the motions filed by another defendant, NCL America, Inc. That same February, the parties agreed by stipulation to dismiss the claims against another defendant, Norwegian Cruise Line Ltd. The final defendant, NCL (Bahamas) Ltd., filed a motion for summary judgment in February 2008.

In March 2008, it was announced that the remaining parties in the lawsuit had settled and that a consent decree between the plaintiffs and the remaining defendants would be forthcoming. At the same time, NCL (Bahamas) Ltd.'s motion for summary judgment was terminated, having been mooted by the settlement proceedings.

On May 15, 2008, the parties submitted a proposed consent decree and order, which the court approved on June 3, 2008 The agreement required NCL to pay $485,000, attorneys’ fees, and costs. NCL was also required to provide the plaintiffs with neutral job references, and to purge the plaintiffs’ personnel records of all information that reflected negatively on their job performance. The order prohibited defendants from discriminating on the basis of race or national origin, and from retaliation against anyone involved in a claim against them. NCL was required to hire an outside EEOC consultant to assist in reviewing and revising its policies and procedures, providing a revised policy on discrimination and retaliation to the EEOC within 60 days. The decree also mandated training for employees, record keeping, and regular reporting to the EEOC.

The decree remained in effect for two years, and the matter is now presumed closed.

Kevin Wilemon - 08/07/2008
Alexandra Gilewicz - 03/24/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
National origin discrimination
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Other
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action 42 U.S.C. § 1981
State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) NCL (Bahamas) Ltd.
NCL (Bahamas) Ltd.
NCL America, Inc.
Norwegian Corporation Ltd.
Norwegian Cruise Line, Ltd.
Norwegian Cruise Line, Ltd.
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 2008 - 2010
Case Closing Year 2008
Case Ongoing No
Case Listing EE-HI-0020 : Almlhany v. NCL America, Inc. et al (D. Haw.)
Additional Resources
click to show/hide detail
  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  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 Faculty)
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 Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:06-cv-00451-SPK-BMK (D. Haw.)
EE-HI-0010-9000.pdf | Detail
Date: 06/04/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-HI-0010-0001.pdf | Detail
Date: 08/22/2006
Complaint of Plaintiff-Intervenors
EE-HI-0010-0002.pdf | Detail
Date: 11/22/2006
Order Denying Plaintiff EEOC's Motion for Protective Order Under Rule 26(c) Date March 9, 2007 [Docket 53] (D. Haw.)
EE-HI-0010-0003.pdf | Detail
Date: 04/19/2007
Order (1) Granting in Part and Denying in Part EEOC's Application for Renewed Protective Order, and (2) Denying Without Prejudice NCL's Motion for Rule 37 Sanctions (D. Haw.)
EE-HI-0010-0004.pdf | Detail
Date: 05/30/2007
Motion to Consolidate [ECF# 124]
EE-HI-0010-0015.pdf | Detail
Date: 08/13/2007
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion to Partially Dismiss Plaintiffs-Intervenors' Complaint (504 F.Supp.2d 1008) (D. Haw.)
EE-HI-0010-0005.pdf | WESTLAW| LEXIS | Detail
Date: 08/31/2007
Order Granting Motion to Consolidate [ECF# 149] (D. Haw.)
EE-HI-0010-0016.pdf | Detail
Date: 09/17/2007
Source: PACER [Public Access to Court Electronic Records]
Order (1) Denying Plaintiff EEOC's Motion to Compel Production of Documents and for Discovery Sanctions Against NCL America Inc. Under FRCP 37 [Docket 119] and Plaintiff EEOC's Motion to Compel Production of Documents and [...] (D. Haw.)
EE-HI-0010-0012.pdf | Detail
Date: 10/03/2007
Order (1) Granting in Part and Denying in Part Defendant NCL America Inc.'s Motion to Compel and for Reasonable Expenses [Docket 158]; and (2) Granting in Part and Denying in Part Plaintiff U.S. Equal Employment Opportunity Commission's Motion [...] (D. Haw.)
EE-HI-0010-0006.pdf | Detail
Date: 12/05/2007
Order Denying Norwegian Cruise Line Ltd.'s Motion for Summary Judgment, etc. (2008 WL 281524) (D. Haw.)
EE-HI-0010-0007.pdf | WESTLAW | Detail
Date: 02/01/2008
First Amended Complaint
EE-HI-0010-0008.pdf | Detail
Date: 02/15/2008
Order Granting in part and Denying in part NCL America, Inc.'s Motion for Summary Judgment (535 F.Supp.2d 1149) (D. Haw.)
EE-HI-0010-0009.pdf | WESTLAW| LEXIS | Detail
Date: 02/20/2008
Order on Joint Stipulation to Dismiss Norwegian Cruise Line Limited (D. Haw.)
EE-HI-0010-0014.pdf | Detail
Date: 02/20/2008
Order Granting in Part and Denying in Part Plaintiff EEOC's Motion for Partial Summary Judgment against Defendant NCL America, Inc. (536 F.Supp.2d 1216) (D. Haw.)
EE-HI-0010-0010.pdf | WESTLAW| LEXIS | Detail
Date: 02/26/2008
Amended Complaint of Plaintiff-Intervenors
EE-HI-0010-0011.pdf | Detail
Date: 03/07/2008
Proposed Consent Decree; Order [ECF# 341-2]
EE-HI-0010-0018.pdf | Detail
Date: 05/15/2008
Source: PACER [Public Access to Court Electronic Records]
Order on Consent Decree [ECF# 351] (D. Haw.)
EE-HI-0010-0019.pdf | Detail
Date: 06/03/2008
Source: PACER [Public Access to Court Electronic Records]
Amended Judgment in a Civil Case [ECF# 356] (D. Haw.)
EE-HI-0010-0020.pdf | Detail
Date: 06/04/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Kurren, Barry M. (D. Haw.)
EE-HI-0010-0003 | EE-HI-0010-0004 | EE-HI-0010-0006 | EE-HI-0010-0012 | EE-HI-0010-9000
Mollway, Susan Oki (D. Haw.)
EE-HI-0010-0019 | EE-HI-0010-9000
Plaintiff's Lawyers Laura, Peter F. (California)
EE-HI-0010-9000
Liem, Connie (California)
EE-HI-0010-0018 | EE-HI-0010-9000
Morrison, Angela D. (Nevada)
EE-HI-0010-9000
Park, Anna Y. (California)
EE-HI-0010-0018 | EE-HI-0010-9000
Tungol, Wilfredo (Hawaii)
EE-HI-0010-9000
Viramontes, Victor (California)
EE-HI-0010-9000
Defendant's Lawyers Leong, Darin Robinson (Hawaii)
EE-HI-0010-9000
Marr, Barry W. (Hawaii)
EE-HI-0010-9000
Mueller, Daniel G. (District of Columbia)
EE-HI-0010-9000
Nakashima, Steven M. (Hawaii)
EE-HI-0010-9000
Rand, Richard M. (Hawaii)
EE-HI-0010-0018 | EE-HI-0010-9000
Yeh, Christopher S. (Hawaii)
EE-HI-0010-0018 | EE-HI-0010-9000
Other Lawyers Barbee, Daphne E. (Hawaii)
EE-HI-0010-9000
Geisness, Thomas M. (Washington)
EE-HI-0010-9000

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