In September 30, 2005, the Phoenix District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiff sued The Boeing Company under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, alleging that Boeing terminated and retaliated against two female employees for discriminatory reasons and on the basis of their gender. The EEOC sought to permanently enjoin Boeing from engaging in discriminatory employment practices and compel Boeing to compensate the two employees for pecuniary losses, mental and emotional distress, and punitive damages. Specifically, the EEOC claimed that two female employees were transferred and eventually terminated due to complaints they made about perceived unlawful sex discrimination. The case was assigned to Judge Frederick Martone.

During discovery, Boeing moved to sever the claims, arguing that they would be prejudiced if both claims were heard together. The Court denied this motion, finding that the claim was nothing more than a generalized assertion of prejudice. On April 11, 2007, Boeing moved for summary judgment. On August 16, 2007, the Court granted the motion for summary judgment, finding that the defendant articulated sufficient nondiscriminatory reasons for the layoffs and there was not enough evidence to support a causal link with regards to the retaliation claims. The EEOC was ordered to pay for Boeing’s costs.

On October 16, 2007, the EEOC appealed the decision to the Ninth Circuit Court of Appeals. On April 8, 2009, the Court of Appeals determined that the EEOC had presented specific and substantial evidence for a jury to find in their favor, and thus ruled that the summary judgment finding was premature. The Court reversed and remanded the case. 577 Fd.3d 1044 (9th Cir. 2009).

On remand, the parties jointly proposed a consent decree on January 22, 2010. Boeing agreed to pay each employee $140,000, implement employee training programs around sex discrimination and Title VII retaliation, and develop written policies related to these issues. Boeing and its employees were also permanently enjoined from sexually harassing employees or retaliating against them (including those involved in this suit) for filing discrimination complaints. Boeing agreed that, if employees were identified to have performed such conduct, they would be disciplined according to the policies. The records of the employees involved in this suit were also agreed to be expunged of references to the discrimination charges and references to this suit. The case is now closed.

Daisy Manning - 05/21/2008
Justin Hill - 11/15/2019


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