University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. OGLETHORPE UNIVERSITY INC EE-GA-0065
Docket / Court 1:06-cv-00711-ODE ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
MALDEF
Case Summary
In March 2006, the Atlanta District Office of the EEOC filed this suit against Oglethorpe University, Inc. in the U.S. District Court for the Northern District of Georgia alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, ... read more >
In March 2006, the Atlanta District Office of the EEOC filed this suit against Oglethorpe University, Inc. in the U.S. District Court for the Northern District of Georgia alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant enforced an "English-only" rule, requiring all its Hispanic housekeeping employees, including the three charging parties, to speak only English while working and by giving all their instructions in English. In addition, the defendant retaliated against one of the charging parties by disciplining her for her open opposition to the English-only policy, resulting in her termination. The charging parties intervened in the suit in April 2006. After much discovery, the parties participated in mediation in November 2006, and they reached a settlement through a consent decree in March 2007.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a Title VII notice, provide instruction regarding compliance with the decree to all management personnel, report to the EEOC every six months, provide Title VII training to its administrative personnel, and discontinue its use of the English-only policy. In addition, the defendant agreed to provide the charging parties with neutral references and pay $46,779.20. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.


Michele Marxkors - 06/13/2007
- 06/13/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Oglethorpe University, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
MALDEF
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 - 2009
Case Closing Year 2009
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)
1:06-cv-00711-ODE (N.D. Ga.)
EE-GA-0065-9000.pdf | Detail
Date: 03/06/2007
General Documents
Complaint [ECF# 1-1]
EE-GA-0065-0001.pdf | Detail
Date: 03/28/2006
Complaint in Intervention [ECF# 6]
EE-GA-0065-0002.pdf | Detail
Date: 05/18/2006
Source: PACER [Public Access to Court Electronic Records]
Consent Decree
EE-GA-0065-0003.pdf | Detail
Date: 03/05/2007

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