University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. AMERICA WEST AIRLINES, INC. EE-NV-0001
Docket / Court 2:05-cv-01206-JCM-GWF ( D. Nev. )
State/Territory Nevada
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Los Angeles District Office of the EEOC brought this action in the U.S. District Court for the District of Nevada, against America West Airlines, Inc. The complaint, filed in September 2005, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that ... read more >
The Los Angeles District Office of the EEOC brought this action in the U.S. District Court for the District of Nevada, against America West Airlines, Inc. The complaint, filed in September 2005, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected the charging party to a sexually hostile work environment and then retaliated against her for complaining about the hostile work environment. The case was referred to Early Neutral Evaluation by January 2006 and in March 2007, the parties entered into a consent decree.

The decree, valid for three years, required Defendant to pay a total of $100,000. $50,000 went to the charging party ($25,000 in back pay and $25,000 in compensatory damages) and $50,000 went to the class. Defendant was enjoined from discriminating or retaliating in violation of Title VII, required to submit semi-annual reports to the EEOC, provide Title VII training to its employees, post a notice of non-discrimination at its facility, and retain a EEO Consultant to oversee its handling of internal discrimination complaints. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Shankar Viswanathan - 07/31/2007
- 06/11/2017


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) America West Airlines, Inc.
America West Airlines, Inc.
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 2007 - 2010
Case Closing Year 2010
Case Ongoing No
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)
2:05-cv-01206-JCM-GWF (D. Nev.)
EE-NV-0001-9000.pdf | Detail
Date: 05/14/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [] [ECF# 1]
EE-NV-0001-0001.pdf | Detail
Date: 09/30/2005
Source: PACER [Public Access to Court Electronic Records]
Amended Consent Decree; Order [ECF# 32]
EE-NV-0001-0002.pdf | Detail
Date: 05/14/2007
Source: PACER [Public Access to Court Electronic Records]

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