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Case Name Equal Employment Opportunity Commission v. Nichols Gas and Oil EE-NY-0117
Docket / Court 6:05-cv-06482-CJS-MWP ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Nichols Gas and Oil, Inc. (Nicholas) in the U.S. District Court for the Western District of New York. The complaint alleged discrimination based on sex in violation of Title VII of the Civil ... read more >
On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Nichols Gas and Oil, Inc. (Nicholas) in the U.S. District Court for the Western District of New York. The complaint alleged discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged the defendants engaged in sexual harassment, retaliated against individuals who complained of sexual harassment, and caused the constructive discharge of claimants due to the ongoing pervasive sexual harassment. The EEOC sought injunctive and monetary relief against the defendants. The case was assigned to Judge Marian Payson.

Prior to submitting an answer to the complaint, defendant Nichols Gas and Oil, Inc. filed a motion to dismiss portions of the EEOC's complaint. The court denied this motion on March 13, 2016.

As this lawsuit was moving through the court, Townsend Oil Corporation (Townsend) purchased defendant Nichols Gas & Oil. The EEOC filed an amended complaint in 2007, adding Townsend as a defendant to the lawsuit.

In 2008, the parties’ began discovery proceedings. On January 14, 2010, the court made a ruling on the defendants’ motion for summary judgment and the EEOC’s cross motion for summary judgment. Both motions concerned whether Townsend--the entity that purchased Nicholas--should be liable for compensatory and punitive damages. The court found that Townsend could only be found liable for compensatory damages.

On September 11, 2012, the court approved the parties’ consent decree. This decree gave the court jurisdiction over the matter for ten years as to Nicholas and five years as to Townsend. The consent decree pertained to injunctive and monetary relief. For monetary relief, the defendants agreed to pay $150,000.00 to the claimants. For injunctive relief, the defendants agreed to refrain from sex discrimination and retaliation. Moreover, the defendants agreed to reform their policies and procedures to align with Title VII. To ensure compliance with Title VII, the defendant agreed to provide training to all employees through an EEOC approved entity and report to the EEOC any complaints of sex discrimination or retaliation.

As of August 2018, the consent decree is ongoing, and there has been no further litigation.

Justin Kanter - 05/28/2008
Sean Whetstone - 07/09/2018


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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
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Nichols Gas and Oil, Inc.
Townsend Oil Corporation
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated against because of their sex.
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 2012 - 2022
Filing Year 2005
Case Closing Year 2022
Case Ongoing Yes
Docket(s)
6:05-cv-06482-CJS-MWP (W.D.N.Y.)
EE-NY-0117-9000.pdf | Detail
Date: 04/06/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-NY-0117-0001.pdf | Detail
Date: 09/14/2005
Source: PACER [Public Access to Court Electronic Records]
Opinion (2006 WL 692345) (W.D.N.Y.)
EE-NY-0117-0002.pdf | WESTLAW | Detail
Date: 03/13/2006
Source: Westlaw
First Amended Complaint [ECF# 40] (518 F.Supp.2d 505)
EE-NY-0117-0003.pdf | WESTLAW| LEXIS | Detail
Date: 10/01/2007
Source: PACER [Public Access to Court Electronic Records]
Decision & Order [ECF# 75] (256 F.R.D. 114) (W.D.N.Y.)
EE-NY-0117-0004.pdf | WESTLAW| LEXIS | Detail
Date: 03/09/2009
Source: PACER [Public Access to Court Electronic Records]
Decision and Order [ECF# 92] (688 F.Supp.2d 193) (W.D.N.Y.)
EE-NY-0117-0005.pdf | WESTLAW| LEXIS | Detail
Date: 01/13/2010
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 115] (2012 WL 6211836) (W.D.N.Y.)
EE-NY-0117-0006.pdf | WESTLAW | Detail
Date: 09/11/2012
Source: PACER [Public Access to Court Electronic Records]
Judges Payson, Marian W. (W.D.N.Y.)
EE-NY-0117-0004 | EE-NY-0117-9000
Siragusa, Charles J. (W.D.N.Y.)
EE-NY-0117-0002 | EE-NY-0117-0005 | EE-NY-0117-0006 | EE-NY-0117-9000
Plaintiff's Lawyers Biltekoff, Judith Ann (New York)
EE-NY-0117-0006 | EE-NY-0117-9000
Cadle, Delia Dianna (New York)
EE-NY-0117-9000
Chandy, Sunu P. (New York)
EE-NY-0117-0001 | EE-NY-0117-0003
Curtin, Nora E. (Florida)
EE-NY-0117-0001 | EE-NY-0117-0006 | EE-NY-0117-9000
Grossman, Elizabeth (New York)
EE-NY-0117-0001 | EE-NY-0117-0003 | EE-NY-0117-0006
Rose, Robert D. (New York)
EE-NY-0117-0003
Defendant's Lawyers Cordello, Elizabeth A. (New York)
EE-NY-0117-9000
DeLuca, R. Scott (New York)
EE-NY-0117-9000
Keneally, Paul F. (New York)
EE-NY-0117-9000
Wang, Jennifer L. (New York)
EE-NY-0117-9000
Wolford, Michael R. (New York)
EE-NY-0117-9000
Wolford, James Scott (New York)
EE-NY-0117-9000

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