University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. EMS INNOVATIONS EE-MD-0033
Docket / Court 1:06-CV-01320-RDB ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In May 2006, the EEOC's Philadelphia District Office filed suit in U.S. District Court, District of Maryland, against EMS Innovations, Inc. The suit alleged that the owner of this small business violated Title VII by subjecting his female employees to sexual harassment by making constant sexual ... read more >
In May 2006, the EEOC's Philadelphia District Office filed suit in U.S. District Court, District of Maryland, against EMS Innovations, Inc. The suit alleged that the owner of this small business violated Title VII by subjecting his female employees to sexual harassment by making constant sexual advances, arranging for adjoining hotel rooms on business trips and trying to convince the women who worked for him to have an affair, and engaging in other similar behavior that created a hostile work environment for women.

The defendant moved to dismiss the case twice, once for failure to state a claim upon which relief may be granted, and again for lack of subject matter jurisdiction, alleging that the EEOC did not have standing because it had not completed a proper investigation prior to bringing suit. Both motions were denied, and the case ended up being resolved through a consent judgment in April of 2008. EMS Innovations was ordered to pay a total of $115,000 to the women alleging sexual harassment. The company was also required to implement anti-discrimination training for all of its employees, and its owner and supervisory personnel were prohibited from making advances towards female employees.

The terms of the agreement were to run for 3.5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2011.

Jason Chester - 05/27/2008
- 06/10/2017


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) EMS Innovations, 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 2008 - 2011
Case Closing Year 2011
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:06-cv-01320-RDB (D. Md.)
EE-MD-0033-9000.pdf | Detail
Date: 04/14/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-MD-0033-0001.pdf | Detail
Date: 05/23/2006
Memorandum and Opinion (D. Md.)
EE-MD-0033-0002.pdf | Detail
Date: 02/12/2007
Order (D. Md.)
EE-MD-0033-0003.pdf | Detail
Date: 02/12/2007
Amended Complaint [in part]
EE-MD-0033-0004.pdf | Detail
Date: 02/26/2007
Consent Decree [ECF# 45-2]
EE-MD-0033-0005.pdf | Detail
Date: 04/14/2008

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