University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Video Only EE-OR-0020
Docket / Court 3:06-cv-01362-KI ( D. Or. )
State/Territory Oregon
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 25, 2006, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Video Only in the United States District Court for the District of Oregon. The EEOC complaint alleged that the defendant had engaged in harassment and retaliation based on race, national origin, ... read more >
On September 25, 2006, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Video Only in the United States District Court for the District of Oregon. The EEOC complaint alleged that the defendant had engaged in harassment and retaliation based on race, national origin, and religion in violation of Title VII of the Civil Rights Act of 1964. It sought injunctive and monetary relief.

On October 25, two employees of Video Only moved to intervene. They alleged discrimination and retaliation based on race, national origin and religion in violation of Title VII, and violations of 42 USC § 1981 and 15 USC § 1681n. Judge Garr King approved the intervention, but we do not have access to the order.

Over the next several months, the parties engaged in discovery.

The EEOC sought to consolidate this action with Video Only Inc (03:08-CV-00122), but the court denied this request on May 2, 2008.

On June 11, 2008, the court granted several motions for summary judgment. The Court granted summary judgement for the plaintiffs on their retaliation claims, holding that Video Only was liable for the retaliation claims alleged under Title VII, ORS Ch. 659A, and § 1981. The Court also barred Video Only from raising the Faragher affirmative defense (If no tangible employment action was taken against the employee, the employer may prove the affirmative defense by a preponderance of the evidence by showing: (1) it exercised reasonable care to prevent and correct the harassment; and (2) the employee unreasonably failed to take advantage of any preventative or corrective opportunities or otherwise failed to avoid harm). The Court also concluded that Video Only violated part of the Fair Credit Reporting Act but left the issue of willfulness for the jury.

On July 23, 2008, the EEOC submitted a stipulated consent decree, which the Court approved a week later. This decree pertained to monetary and injunctive relief and had a duration of three years. For monetary relief, Video Only agreed to pay $630,000 to the plaintiffs. For the injunctive relief, the defendant agreed to refrain from retaliation and to develop anti-discrimination policies and procedures. These policies and procedures included providing anti-discrimination training for employees of Video Only Inc and ensuring that the supervisors and managers were held accountable for ensuring compliance with Title VII. In addition, the defendant agreed to report its compliance with Title VII and this decree to the EEOC.

On August 12 2008, the court dismissed the case between the defendant and two intervenor-plaintiffs.

The case docket shows no indication of non-compliance of the consent decree and the duration of the consent decree has ended. Presumably the case is closed.

Daisy Manning - 06/02/2008
Sean Whetstone - 07/06/2018
Michael Beech - 03/09/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Training
Defendant-type
Retailer
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Race discrimination
Religion discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Video Only, Inc
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers who were allegedly discriminated against in violation of Title VII.
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 - 2011
Filing Year 2006
Case Closing Year 2011
Case Ongoing No
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
3:06-cv-01362-KI (D. Or.)
EE-OR-0020-9000.pdf | Detail
Date: 08/13/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-OR-0020-0001.pdf | Detail
Date: 09/25/2006
Complaint of Plaintiffs-Intervenors
EE-OR-0020-0002.pdf | Detail
Date: 11/02/2006
Opinion and Order [ECF# 116] (2008 WL 2433841) (D. Or.)
EE-OR-0020-0003.pdf | WESTLAW | Detail
Date: 06/11/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 120] (D. Or.)
EE-OR-0020-0004.pdf | Detail
Date: 07/30/2008
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges King, Garr M. (D. Or.) show/hide docs
EE-OR-0020-0003 | EE-OR-0020-0004 | EE-OR-0020-9000
Plaintiff's Lawyers Altschul, Andrew M. (Oregon) show/hide docs
EE-OR-0020-9000
Healy, Teri L. (Washington) show/hide docs
EE-OR-0020-0004 | EE-OR-0020-9000
Olson, Kathryn Blaire (Washington) show/hide docs
EE-OR-0020-9000
Stanley, John F. (Washington) show/hide docs
EE-OR-0020-0004 | EE-OR-0020-9000
Tamayo, William Robert (California) show/hide docs
EE-OR-0020-0004 | EE-OR-0020-9000
Defendant's Lawyers Barton, Rachelle K.H. (Oregon) show/hide docs
EE-OR-0020-9000
Belnavis, Clarence M. (Oregon) show/hide docs
EE-OR-0020-9000
Bolesky, Sharon (Oregon) show/hide docs
EE-OR-0020-9000
Driscoll, Sean M. (Oregon) show/hide docs
EE-OR-0020-9000
Hosenpud, David G. (Oregon) show/hide docs
EE-OR-0020-0004 | EE-OR-0020-9000

- click to show/hide ALL -

new search
page permalink

- top of page -