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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Marjam Supply Company, Inc. EE-NY-0098
Docket / Court 7:03-cv-05413-SCR ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On July 22, 2003, the Equal Employment Opportunity Commission brought this suit against Marjam Supply Company, Inc. and Choice Labor, Inc. in the U.S. District Court for the Southern District of New York. The case was assigned to Judge Stephen C. Robinson. The EEOC alleged that the defendants ... read more >
On July 22, 2003, the Equal Employment Opportunity Commission brought this suit against Marjam Supply Company, Inc. and Choice Labor, Inc. in the U.S. District Court for the Southern District of New York. The case was assigned to Judge Stephen C. Robinson. The EEOC alleged that the defendants subjected black employees to a racially hostile work environment and disparate terms and conditions of employment, and retaliated against employees who complained about the discrimination. The EEOC alleged that these actions violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The plaintiff, represented by private counsel, sought injunctive relief.

Three third-party plaintiffs sought to intervene as being the true parties in interest, and their applications were granted on May 11, 2004. These intervening plaintiffs were African-American former employees of Marjam Supply Company and Choice Labor who alleged that they had suffered unequal treatment on the basis on the basis of race during their employment.

The defendants sought summary judgment on May 23, 2006, but the court never ruled on it. The parties were referred to mediation on September 14, 2007, and they reached a settlement on March 6, 2008. Choice Labor, Inc. went out of business at some point before the settlement was reached, so it was not part of the settlement. Pursuant to the settlement agreement reached in mediation, the court issued a consent decree on April 9, 2009.

Under the terms of the settlement, Marjam Supply Company was required to adopt and maintain new procedures for handling complaints of discrimination, harassment, and retaliation in the workplace, as well as appoint an Equal Employment Office Coordinator to investigate those complaints. Marjam also agreed to provide trainings about anti-discrimination laws to all of its employees and to pay a total of $495,000 to plaintiffs in back pay and compensatory damages. The settlement was to remain in effect for three years after the date of entry, during which the court was to retain jurisdiction over the case. Thirty days after the end of the settlement period, the parties agreed to submit a stipulation of dismissal to the court.

There is nothing more in the docket sheet. The case presumably closed in 2012, after the expiration of the consent decree.

Kevin Wilemon - 08/21/2008
Rebecca Strauss - 05/21/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Hire
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Required disclosure
Retaliation Prohibition
Training
Defendant-type
Retailer
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Choice Labor Inc.
Marjam Supply Company, Inc.
Plaintiff Description Equal Employment Opportunity Commission; three African-American former employees of Marjam Supply Company and Choice Labor who allege that the employers discriminated against them on the basis of race
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 2009 - 2012
Filing Year 2003
Case Closing Year 2012
Case Ongoing No reason to think so
Docket(s)
7:03-cv-05413-SCR (S.D.N.Y.)
EE-NY-0098-9000.pdf | Detail
Date: 04/14/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Report & Recommendation [ECF# 54]
EE-NY-0098-0002.pdf | Detail
Date: 11/17/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 55] (S.D.N.Y.)
EE-NY-0098-0001.pdf | Detail
Date: 04/14/2009
Source: PACER [Public Access to Court Electronic Records]
Judges Robinson, Stephen C. (S.D.N.Y.)
EE-NY-0098-0001 | EE-NY-0098-9000
Smith, Lisa Margaret (S.D.N.Y.) [Magistrate]
EE-NY-0098-0002 | EE-NY-0098-9000
Plaintiff's Lawyers Foulke, Evan M. (New York)
EE-NY-0098-9000
Grossman, Elizabeth (New York)
EE-NY-0098-0001
Keenan, Judy A. (New York)
EE-NY-0098-0001
Ranis, Michael B. (New York)
EE-NY-0098-0001 | EE-NY-0098-9000
Defendant's Lawyers Burke, Patrick Thomas (New York)
EE-NY-0098-0001
Golden, Richard B. (New York)
EE-NY-0098-9000
Ingram, Phyllis A (New York)
EE-NY-0098-9000

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