University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Leo Palace Resort EE-GU-0001
Docket / Court 1:06-cv-00028 ( D. Guam )
State/Territory Guam
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 29, 2006, the Los Angeles District Office of the EEOC brought this suit in the U.S. District Court for the District of Guam. The plaintiff sued Leo Palace Resort under Title VII of the Civil Rights Act. The plaintiff, representing female employees of Leo Palace Resort, asked the court ... read more >
On September 29, 2006, the Los Angeles District Office of the EEOC brought this suit in the U.S. District Court for the District of Guam. The plaintiff sued Leo Palace Resort under Title VII of the Civil Rights Act. The plaintiff, representing female employees of Leo Palace Resort, asked the court for permanent injunctive relief, a requirement of policy changes at defendant's company, and monetary damages. The plaintiffs claimed that the defendant engaged in unlawful employment practices by subjecting female employees to sexual harassment and by retaliating against employees for complaining of discrimination. Specifically, three female employees alleged that they experienced frequent sexual harassment from a coworker in the form of physical touching, requests for sex, and inappropriate gestures. When the employees complained the defendant employer retaliated by reducing their hours, taking disciplinary action, and failing to keep their complaints confidential. Two employees were constructively discharged as a result.

The complainants intervened in the EEOC's suit and the defendant moved to dismiss their claims and moved for summary judgment. The summary judgment motion was denied and the motion to dismiss was denied as premature. The parties engaged in discovery for the next year, and agreed to have a hearing date without oral argument.

On September 10, 2007, the defendants again filed for partial summary judgment, arguing that this was only a question of negligence on behalf of the company in response to complaints of its employee, and not a sexual harassment suit.

On March 13, 2008, before the court had heard the motion for partial summary judgment, the parties parties jointly submitted a consent decree.

On March 21, 2008 Judge Frances M. Tydingco-Gatewood approved the consent decree. The agreement required the defendant to pay the complainants a total of $243,000. It also required the defendant to create an anti-discrimination policy; institute a complaint procedure; hire an outside consultant to ensure compliance with the decree; post and distribute a notice of equal opportunity employment rights; and conduct annual training for all employees. On May 8, 2008 the case was dismissed with prejudice.

Kevin Wilemon - 05/27/2008
Gabriela Hybel - 11/07/2016

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Issues and Causes of Action
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Affected Gender
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Sex discrimination
Direct Suit on Merits
Private Party intervened in EEOC suit
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Does 1 through 10
Leo Palace Resort
MDI Guam 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 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 2008 - 2011
Case Closing Year 2008
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
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
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 ]

1:06-cv-00028 (D. Guam)
EE-GU-0001-9000.pdf | Detail
Date: 05/08/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-GU-0001-0001.pdf | Detail
Date: 09/29/2006
Order re: Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination (D. Guam)
EE-GU-0001-0002.pdf | Detail
Date: 09/14/2007
Consent Decree
EE-GU-0001-0004.pdf | Detail
Date: 03/13/2008
Stipulation for Dismissal with Prejudice
EE-GU-0001-0003.pdf | Detail
Date: 04/16/2008
Office of General Counsel Fiscal Year 2008 Annual Report
EE-GU-0001-0005.pdf | Detail
Date: 12/30/2008
Judges Manibusan, Joaquin V.E. Jr. (D. Guam) [Magistrate]
Tydingco-Gatewood, Frances M. Court not on record
Plaintiff's Lawyers Li, Derek W (California)
Morrison, Angela D. (Nevada)
Schwab, Mikel W (Guam)
Teker, Lawrence J. (Guam)
Torres, Phillip (Guam)
Defendant's Lawyers Roberts, Thomas L. (Guam)

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