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Docket / Court 2:05-cv-03034-FJM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 ... read more >
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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Issues and Causes of Action
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Affected Gender
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Follow recruitment, hiring, or promotion protocols
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Sex discrimination
Direct Suit on Merits
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Boeing Company
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 outcome Not sought
Filed Pro Se 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
Filed 09/30/2005
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Court Docket(s)
D. Ariz.
EE-AZ-0021-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Ariz.
Complaint [ECF# 1]
EE-AZ-0021-0001.pdf | Detail
D. Ariz.
Protective Order Regarding Renee Wrede and Antonia Castron's Confidential Medical and/or Mental Health Information [ECF# 87]
EE-AZ-0021-0003.pdf | Detail
D. Ariz.
Order [Regarding EEOC's Motions co Compel] [ECF# 90]
EE-AZ-0021-0004.pdf | Detail
D. Ariz.
Order [Regarding Plaintiff's Motion to Compel Deposition Testimony] [ECF# 106] (2007 WL 1146446)
EE-AZ-0021-0005.pdf | WESTLAW | Detail
D. Ariz.
Order [Re: granting motion for summary judgment] [ECF# 130] (2007 WL 2343860)
EE-AZ-0021-0006.pdf | WESTLAW | Detail
U.S. Court of Appeals
Opinion (577 F.3d 1044)
EE-AZ-0021-0007.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
D. Ariz.
Consent Decree [ECF# 158]
EE-AZ-0021-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Hawkins, Michael Daly (Ninth Circuit) show/hide docs
Martone, Frederick J. (D. Ariz.) show/hide docs
EE-AZ-0021-0008 | EE-AZ-0021-9000
Plaintiff's Lawyers Chen, Tin-Tin Diana (Arizona) show/hide docs
EE-AZ-0021-0008 | EE-AZ-0021-9000
Griffiths, Nancy Eileen (Arizona) show/hide docs
Kruse, Katherine (Arizona) show/hide docs
Medina, Loretta (New Mexico) show/hide docs
O'Neill, Mary Jo (Arizona) show/hide docs
EE-AZ-0021-0008 | EE-AZ-0021-9000
Shanley, Sally C. (Arizona) show/hide docs
EE-AZ-0021-0008 | EE-AZ-0021-9000
Smith, C. Emanuel (Alabama) show/hide docs
Defendant's Lawyers Nagy, Tibor (Arizona) show/hide docs
EE-AZ-0021-0008 | EE-AZ-0021-9000
Rocush, Erica K. (Arizona) show/hide docs
Rosenbloom, Peter (California) show/hide docs

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