University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FRED FULLER OIL, CO. EE-NH-0005
Docket / Court 1:03-cv-00426-PB ( D.N.H. )
State/Territory New Hampshire
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2003, the New York District Office of the EEOC brought this suit against Fred Fuller Oil Company, Inc. and related entities in the U.S. District Court for the District of New Hampshire. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. ... read more >
In September 2003, the New York District Office of the EEOC brought this suit against Fred Fuller Oil Company, Inc. and related entities in the U.S. District Court for the District of New Hampshire. The complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendants' owner subjected the charging parties, female employees, to a sexually hostile work environment comprised of offensive language, unwelcome touching, and sexual advances.

In November 2003, two charging parties intervened in the suit. The defendants filed a motion to dismiss for lack of jurisdiction which was denied in April 2004. After some discovery disputes, two more charging parties intervened in the suit in February 2005. In March, the defendants filed a motion summary judgment, which was denied in April 2005. Thereafter, the parties settled in July 2005 through a consent decree.

The defendant agreed to develop an anti-harassment policy and complaint procedure, provide sexual harassment training for its owner and managers, post a notice of the decree, report to the EEOC quarterly, and pay $780,000 to be distributed among five women.

The settlement term was three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Jason Chester - 07/06/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Fred Fuller Oil Company, Inc.
Frederick J. Fuller
Fuller's Convenience Store, 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 2005 - 2008
Case Closing Year 2008
Case Ongoing No
Additional Resources
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  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
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:03-cv-00426-PB (D.N.H.)
EE-NH-0005-9000.pdf | Detail
Date: 06/27/2006
General Documents
Mediation Report [ECF# 31]
EE-NH-0005-0001.pdf | Detail
Date: 09/23/2004
Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report
EE-NH-0005-0003.pdf | Detail
Date: 07/05/2005
Judgment [ECF# 91] (D.N.H.)
EE-NH-0005-0002.pdf | Detail
Date: 07/05/2005
Source: PACER [Public Access to Court Electronic Records]
EEOC Office of General Counsel FY 2005 Annual Report
EE-NH-0005-0004.pdf | Detail
Date: 04/13/2006

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