University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. L.A. Weight Loss EE-MD-0067
Docket / Court 1:02-cv-00648-WDQ ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2002, the EEOC's Baltimore District Office filed a complaint in the U.S. District Court for the District of Maryland against L.A. Weight Loss, a company that at the time operated over 400 "weight loss centers" nationwide. The complaint alleged a "pattern or practice" of failing to hire ... read more >
In February 2002, the EEOC's Baltimore District Office filed a complaint in the U.S. District Court for the District of Maryland against L.A. Weight Loss, a company that at the time operated over 400 "weight loss centers" nationwide. The complaint alleged a "pattern or practice" of failing to hire men, in violation of Title VII of the Civil Rights Act. The EEOC also alleged that L.A. Weight Loss fired a female employee in retaliation when she complained about the company's hiring practices.

Shortly after the suit was filed, the discharged female employee intervened as a plaintiff. In November of 2005, she and the defendant came to terms on a settlement. The EEOC's case continued on, despite repeated settlement conferences before Magistrate Judge Paul W. Grimm. In 2007, the parties both moved for summary judgment; the defendant's motion was denied, and the EEOC's motion was granted in part and denied in part.

In early 2007, LA Weight Loss changed its name to Pure Weight Loss. In January of 2008, Pure Weight Loss filed a Chapter 7 petition for bankruptcy. On March 19, 2008, the bankruptcy trustee filed a motion to stay the proceedings for six months. Judge William D Quarles, Jr denied the motion to stay proceedings on May 20, 2008.

The parties negotiated a consent decree, which Judge William D Quarles, Jr. approved on December 1, 2008. According to the EEOC website, the consent decree included a $20 million claim in bankruptcy (16,842,656 in back pay and $3,157,344 in punitive damages) payable to the men who the EEOC deemed were subjected to discrimination from L.A. Weight Loss's illegal hiring practices from January 1, 1997 through the entry of the decree. The consent decree also included injunctive relief. It prohibited the company from discriminating against job applicants and employees on the basis of sex and from retaliating against employees. It required the company to use an electronic tracking system for applicants, to retain information on applicants based on categories defined by the EEOC, and to create a discrimination-complaint procedure. The decree provided relief for the men discriminated against under the old practices by requiring the company to hire some of them. Lastly, the decree set hiring goals for Pure Weight Loss and mandated that the company do quarterly reviews to assess its progress. This 10-year consent degree is set to expire in 2018.

Jason Chester - 05/28/2008
Mackenzie Walz - 03/22/2018


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Hire
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Recordkeeping
Reporting
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) LA Weight Loss
LA Weight Loss
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2018
Case Closing Year 2018
Case Ongoing Yes
Additional Resources
click to show/hide detail
  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 Faculty)
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 Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:02-cv-00648-WDQ (D. Md.)
EE-MD-0067-9000.pdf | Detail
Date: 12/01/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint
EE-MD-0067-0001.pdf | Detail
Date: 03/24/2004
Letter Order [Regarding Plaintiff's Motion to Compel] (D. Md.)
EE-MD-0067-0002.pdf | Detail
Date: 04/06/2004
Stipulation and Order of Dismissal (D. Md.)
EE-MD-0067-0004.pdf | Detail
Date: 12/29/2005
Letter Order [Regarding Defendant's Motion to Compel] (D. Md.)
EE-MD-0067-0003.pdf | Detail
Date: 03/30/2006
Order [Administratively Closing Case] (D. Md.)
EE-MD-0067-0005.pdf | Detail
Date: 01/15/2008
Order [granting Plaintiff EEOC's Motion to Re-Open Case] (D. Md.)
EE-MD-0067-0006.pdf | Detail
Date: 02/06/2008
Judges Quarles, William D. Jr. (D. Md.)
EE-MD-0067-9000
Plaintiff's Lawyers Anderson, Corbett L (District of Columbia)
EE-MD-0067-9000
Clickner, M. Jean (Pennsylvania)
EE-MD-0067-9000
Golski, Kenneth M. (Virginia)
EE-MD-0067-9000
Hostetler, Pamela Elizabeth (Maryland)
EE-MD-0067-9000
Kiel, Gerald (Maryland)
EE-MD-0067-9000
Lovett, Kelly Culp (Maryland)
EE-MD-0067-9000
Murphy, Carla Napier (Maryland)
EE-MD-0067-9000
Nyfeler, Suzanne Lenahan (Virginia)
EE-MD-0067-9000
O'Rourke, Stephan P (Maryland)
EE-MD-0067-9000
Phillips, Ronald L. (Maryland)
EE-MD-0067-9000
Quinlan, Cecile Celeste (Maryland)
EE-MD-0067-9000
Reams, Gwendolyn Young (Maryland)
EE-MD-0067-9000
Spicer, Tracy Hudson (District of Columbia)
EE-MD-0067-9000
White, Pamela J. (Maryland)
EE-MD-0067-9000
Defendant's Lawyers Donzella, Elizabeth Torphy (Maryland)
EE-MD-0067-9000
Gollin, David L (Pennsylvania)
EE-MD-0067-9000
Harrison, Bruce S (Maryland)
EE-MD-0067-9000
Hemmendinger, Eric (Maryland)
EE-MD-0067-9000
Karetnick, Aliza Rebecca (Pennsylvania)
EE-MD-0067-9000
Landau, David E (Pennsylvania)
EE-MD-0067-9000
McDonough, Thomas Henry (Pennsylvania)
EE-MD-0067-9000
Spector, Larry H (Pennsylvania)
EE-MD-0067-9000
Wetchler, Jonathan David (Pennsylvania)
EE-MD-0067-9000

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