University of Michigan Law School
Civil Rights Litigation Clearinghouse
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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
In September 2003 the New York District Office of the EEOC filed this lawsuit against First Wireless Group, Inc. in the Eastern District of New York alleging retaliation and discrimination on the basis of race and national origin 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 filed this lawsuit against First Wireless Group, Inc. in the Eastern District of New York alleging retaliation and discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants paid Hispanic employees less than Asian employees even though the Asian employees were less productive and retaliated against Hispanic employees and management following their opposition of this practice through intimidation, removal of privileges, banning the speaking of Spanish and terminating or constructively discharging a number of employees who signed a petition. The complaining parties intervened in August 2004.

The lawsuit had not been resolved at the time of collection on April 22, 2008. Following a motion for summary judgment by the defendant that was granted in part, a pretrial conference was set on March 31, 2008.

David Friedman - 05/28/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
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
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 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
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 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)
2:03-cv-04990-JS (E.D.N.Y.)
EE-NY-0055-9000.pdf | Detail
Date: 03/31/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
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
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
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
EE-NY-0055-0004.pdf | Detail
Date: 07/13/2005
Source: PACER [Public Access to Court Electronic Records]
[Order] (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
Judges Seybert, Joanna (E.D.N.Y.)
EE-NY-0055-0009
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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