University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc. 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
The New York, Boston and Newark offices of the EEOC brought suit against Nichols Gas and Oil, Inc. and Townsend Oil Corporation in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged discrimination based on sex, female, in violation of Title VII of ... read more >
The New York, Boston and Newark offices of the EEOC brought suit against Nichols Gas and Oil, Inc. and Townsend Oil Corporation in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged discrimination based on sex, female, 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. 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 which was denied. EEOC v. Nichols Gas & Oil, Inc., No. CV 05-6482 (W.D. N.Y. Mar 13, 2006). As defendant Townsend Oil Corporation purchased defendant Nichols Gas & Oil, Inc. and the lawsuit was listed in the purchase agreement between the two parties, the EEOC's amended complaint was granted and added Townsend Oil Corporation as a party to the suit. Subsequently, Townsend Oil Corporation filed a crossclaim against Nichols Gas and Oil, Inc. As of April 22, 2008, the suit on behalf of the EEOC against Nichols Gas and Oil, Inc. and Townsend Oil Corporation and the suit on behalf of Townsend Oil Corporation against Nichols Gas and Oil, Inc. were ongoing.

Justin Kanter - 05/28/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
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. ยง 2000e
Defendant(s) Nichols Gas and Oil, Inc.
Townsend Oil Corporation
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 None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
6:05-cv-06482-CJS-MWP (W.D.N.Y.)
EE-NY-0117-9000.pdf | Detail
Date: 09/11/2012
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
EE-NY-0117-0003.pdf | Detail
Date: 10/01/2007
Judges Payson, Marian W. (W.D.N.Y.)
EE-NY-0117-9000
Siragusa, Charles J. (W.D.N.Y.)
EE-NY-0117-0002 | EE-NY-0117-9000
Plaintiff's Lawyers Biltekoff, Judith Ann (New York)
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-0117-9000
Grossman, Elizabeth (New York)
EE-NY-0117-0001 | EE-NY-0117-0003
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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