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Case Name EEOC v. FIRST WIRELESS GROUP, INC. EE-NY-0055
Docket / Court CV 03 4990 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the Eastern District of New York against defendant First Wireless Groups, Inc. The case was assigned to Judge Joanna Seybert. The EEOC alleged discrimination on the basis of race ... read more >
On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the Eastern District of New York against defendant First Wireless Groups, Inc. The case was assigned to Judge Joanna Seybert. The EEOC alleged discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 and retaliation for participating in protected activities. Specifically, the complaint alleged the defendants paid Hispanic employees less than Asian employees even though the Asian employees were less productive. In addition, the complaint alleged that Asian employees retaliated against Hispanic employees and management following their opposition of the discrimination via intimidation, removal of privileges, banning the speaking of Spanish and terminating or constructively discharging a number of employees who signed a petition.

On October 23, 2003, thirteen plaintiffs filed a motion to intervene on the lawsuit; all were represented by the same (private) attorney. Judge Seybert granted the motion in August 2004. The intervenors filed their own complaint in November 2003 where they made nearly identical allegations to those of the EEOC. Again in 2005, another plaintiff moved to intervene with very similar allegations. Her motion was granted, too bringing the total number of claimants (whose claims underlay the EEOC lawsuit) and intervenors to several dozen.

After several years of discovery, the defendant filed a motion for summary judgment in March 2007. The defendant argued that evidence from discovery showed that, even assuming all of plaintiffs’ evidence was true, no discrimination took place. In February 2008, Judge Seybert granted in part and denied in part the defendant’s motion; she found that the disparate pay claim turned on contested factual issues, and therefore should proceed to trial. The Court found, also, that there were disputed facts relating to whether two particular individuals faced retaliation. Accordingly, the court denied defendant’s motion for summary judgment on the retaliation claim for two claimants but granted the motion for everyone else.

On October 30, 2008, the EEOC and plaintiff-intervenors entered into a consent decree with First Wireless. While the defendant did not admit fault, it agreed to pay $435,000 in back pay and compensatory damages, inclusive of attorneys fees. In addition, First Wireless agreed to post a notice of the settlement in a space visible to employees, provide neutral references for aggrieved employees, require all supervisory employees to undergo eight hours of equal employment training, and provide reports to the EEOC every six months for four years, the duration of the consent decree.

No further action is noted on the docket of this case and it is presumably closed.

Hope Brinn - 10/05/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) First Wireless Group, 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
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
Order Duration 2008 - 2012
Filing Year 2003
Case Closing Year 2012
Case Ongoing No
Docket(s)
2:03-cv-04990-JS (E.D.N.Y.)
EE-NY-0055-9000.pdf | Detail
Date: 11/03/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-NY-0055-0001.pdf | Detail
Date: 09/30/2003
Source: PACER [Public Access to Court Electronic Records]
Order (225 F.R.D. 404) (E.D.N.Y.)
EE-NY-0055-0009.pdf | WESTLAW| LEXIS | Detail
Date: 11/19/2004
Source: Westlaw
Plaintiff-Intervenors Amended Complaint and Demand for Jury Trial [ECF# 73]
EE-NY-0055-0002.pdf | Detail
Date: 11/29/2004
Source: PACER [Public Access to Court Electronic Records]
Plaintiff-Intervenor's Complaint and Demand for Jury Trial [ECF# 82]
EE-NY-0055-0003.pdf | Detail
Date: 04/11/2005
Source: PACER [Public Access to Court Electronic Records]
Plaintiff-Intervenor's Second Amended Complaint and Demand for Jury Trial [ECF# 90]
EE-NY-0055-0004.pdf | Detail
Date: 07/13/2005
Source: PACER [Public Access to Court Electronic Records]
[Order] [ECF# 112] (E.D.N.Y.)
EE-NY-0055-0005.pdf | Detail
Date: 12/23/2005
Source: PACER [Public Access to Court Electronic Records]
Order (2006 WL 2707442 / 2006 U.S.Dist.LEXIS 42079) (E.D.N.Y.)
EE-NY-0055-0007.pdf | WESTLAW| LEXIS | Detail
Date: 09/20/2006
Memorandum & Order (2007 WL 586720) (E.D.N.Y.)
EE-NY-0055-0008.pdf | WESTLAW | Detail
Date: 02/20/2007
Memorandum & Order (E.D.N.Y.)
EE-NY-0055-0006.pdf | Detail
Date: 02/11/2008
Memorandum & Order [ECF# 226] (E.D.N.Y.)
EE-NY-0055-0010.pdf | Detail
Date: 02/11/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 306] (E.D.N.Y.)
EE-NY-0055-0011.pdf | Detail
Date: 10/30/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Seybert, Joanna (E.D.N.Y.)
EE-NY-0055-0009 | EE-NY-0055-0010 | EE-NY-0055-0011 | EE-NY-0055-9000
Plaintiff's Lawyers Bissell, Katherine (New York)
EE-NY-0055-9000
Caiola, Michelle Anne (New York)
EE-NY-0055-9000
Diaz, Estela (New York)
EE-NY-0055-9000
Dreilinger, Lauren G. (New York)
EE-NY-0055-9000
Feather, David S. (New York)
EE-NY-0055-0011 | EE-NY-0055-9000
Grossman, Elizabeth (New York)
EE-NY-0055-0011 | EE-NY-0055-9000
Malloy, Margaret Ann (New York)
EE-NY-0055-9000
Melendez, Delvis (New York)
EE-NY-0055-0011 | EE-NY-0055-9000
Santos, Adela P. (New York)
EE-NY-0055-0011 | EE-NY-0055-9000
Defendant's Lawyers Goodstadt, Andrew Scott (New York)
EE-NY-0055-0011 | EE-NY-0055-9000
Juliano, John L. (New York)
EE-NY-0055-9000
Wigdor, Douglas Holden (New York)
EE-NY-0055-0011 | EE-NY-0055-9000

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