Case: EEOC v. New York State Department of Correctional Services

1:07-cv-02587 | U.S. District Court for the Southern District of New York

Filed Date: March 29, 2007

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On March 29, 2007, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the Southern District of New York on behalf of thirteen women employed by Sing Sing Correctional Facility. Ten additional women were later identified as complainants. The plaintiff sued New York State Department of Correctional Services (DOCS) under the Equal Pay Act and Title VII of the Civil Rights Act, alleging that the defendant violated federal law by providing inferior benefits to female employees …

On March 29, 2007, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the Southern District of New York on behalf of thirteen women employed by Sing Sing Correctional Facility. Ten additional women were later identified as complainants. The plaintiff sued New York State Department of Correctional Services (DOCS) under the Equal Pay Act and Title VII of the Civil Rights Act, alleging that the defendant violated federal law by providing inferior benefits to female employees on maternity leave. The plaintiff sought permanent injunctive relief, reinstatement for several employees, backpay, and attorney’s fees.

Specifically, the plaintiff alleged that the defendant gave male employees with work-related injuries up to six months of paid workers’ compensation leave, and though women were allowed the same leave, pregnant employees on paid workers’ compensation leave were involuntary switched to maternity leave at or around the time they gave birth. The company’s maternity leave policy required that women first use their accrued paid time off before switching to sick leave with half pay and then unpaid sick leave. The plaintiff alleged that the defendant, by failing to make a case-by-case judgement concerning each female employee’s eligibility for workers’ compensation, engaged in employment discrimination through its categorical determination that female employees who had recently given birth should be transferred from workers’ compensation leave and benefits to the lesser-paid maternity leave policy.

On October 23, 2007, Judge Shira A. Scheindlin referred the case to Magistrate Judge Henry B. Pitman for settlement.

On May 21, 2008, the parties reached a settlement that provided $972,000 in compensatory damages, liquidated damages, back pay, and interest to the complainants. The order also contained a provision through which the court could order monetary relief to additional victims identified after the settlement. The order was subject to monitoring by the EEOC and the court for up to five years. Although it was not made clear on the docket, the consent decree indicates that the United States Department of Justice (DOJ) got involved in this matter and filed a separate case in 2008 (08-4419). The two plaintiff parties shared a consent decree with similar stipulations. Enforcement of the DOJ’s consent decree lasted three years.

The settlement also enjoined DOCS from engaging in any act or practice that discriminated against any employee on the basis of pregnancy or childbirth, including the removal of any female employee from workers’ compensation solely because of childbirth. The DOCS was required to provide each employee who requested to use maternity or child-rearing leave with written notification of the company’s policy. Additionally, the court ordered DOCS to provide for its administrative staff anti-discrimination training, including a discussion of pregnancy discrimination and discrimination in pay and benefits. DOCS was to forward a copy of attendance sheets for such trainings to EEOC and to the court. The settlement also allowed for the later identification and inclusion of employees who were affected by discriminatory practices of DOCS but not listed in the initial complaint. A total of twenty-three complainants were in the initial consent decree.

Since the order was signed in 2008, it has been modified to include 5 more women. The defendant paid a total of almost $147,000 to these women.

The consent decree is now complete and the case closed.

Summary Authors

Nina Orteza (10/5/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12451765/parties/equal-employment-opportunity-commission-v-new-york-state-department-of/


Judge(s)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Cooper, Ronald S. (District of Columbia)

Garcia, Michael J. (New York)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert D. (New York)

Waszmer, Wendy H. (New York)

Attorneys(s) for Defendant

Cuomo, Andrew M. (New York)

Judge(s)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Cooper, Ronald S. (District of Columbia)

Garcia, Michael J. (New York)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert D. (New York)

Waszmer, Wendy H. (New York)

Attorneys(s) for Defendant

Cuomo, Andrew M. (New York)

Hathaway, Barbara (New York)

Documents in the Clearinghouse

Document

1:17-cv-02587

Docket [PACER]

Equal Employment Opportunity Commission v. New York State Department of Correctional Services

April 12, 2011

April 12, 2011

Docket
1

1:07-cv-02587

Complaint

EEOC v. New York State Dept. of Correctional Services

2007 WL 1368607

March 29, 2007

March 29, 2007

Complaint
4

1:07-cv-02587

Amended Complaint

Equal Employment Opportunity Commission v. New York State Department of Correctional Services

May 24, 2007

May 24, 2007

Complaint
12

1:07-cv-02587

Order and Stipulation Providing for Injunction and Affirmative Relief

EEOC v. New York State Dept. of Correctional Services

May 21, 2008

May 21, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12451765/equal-employment-opportunity-commission-v-new-york-state-department-of/

Last updated July 23, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against New York State Department of Correctional Services. Document filed by Equal Employment Opportunity Commission.(tro) (Entered: 03/30/2007)

March 29, 2007

March 29, 2007

PACER

SUMMONS ISSUED as to New York State Department of Correctional Services. (tro)

March 29, 2007

March 29, 2007

PACER

Magistrate Judge Henry B. Pitman is so designated. (tro)

March 29, 2007

March 29, 2007

PACER

Case Designated ECF. (tro)

March 29, 2007

March 29, 2007

PACER
2

STIPULATION TO EXTEND TIME: It is hereby stipulated and agreed that defendant's time in which to respond to the complaint in the above titled action is extended up to and including June 15, 2007. ENDORSEMENT: So Ordered. (Signed by Judge Shira A. Scheindlin on 5/2/07) (js) (Entered: 05/03/2007)

May 2, 2007

May 2, 2007

PACER

Set Answer Due Date purs. to 2 Stipulation and Order, as to New York State Department of Correctional Services answer due on 6/15/2007. (js)

May 2, 2007

May 2, 2007

PACER
3

NOTICE OF APPEARANCE by Barbara Kathryn Hathaway on behalf of New York State Department of Correctional Services (Hathaway, Barbara) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
4

AMENDED COMPLAINT amending 1 Complaint against New York State Department of Correctional Services.Document filed by Equal Employment Opportunity Commission. Related document: 1 Complaint filed by Equal Employment Opportunity Commission.(jco) Additional attachment(s) added on 6/6/2007 (Correa, Julie). (Entered: 05/31/2007)

May 24, 2007

May 24, 2007

PACER

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Raechel L. Adams for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 4 Amended Complaint to: case_openings@nysd.uscourts.gov. (jco)

May 24, 2007

May 24, 2007

PACER
5

ANSWER to Amended Complaint. Document filed by New York State Department of Correctional Services. Related document: 4 Amended Complaint, filed by Equal Employment Opportunity Commission.(Hathaway, Barbara) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

PACER
6

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/11/2007 at 10:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 8/29/07) (dle) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

PACER
7

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Barbara Hathaway dated 9/5/07 re: Request for an adjournment of the initial pretrial conference set for 9/11/07 and of the preparation of the proposed scheduling order until the second week of October. ENDORSEMENT: Request granted. Conference adjourned to 10/23 at 4 pm. Initial Conference set for 10/23/2007 at 04:00 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 9/5/07) (cd) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
8

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Barbara K. Hathaway dated 10/15/2007 re: all parties request an adjournment of the initial pretrial conference currently scheduled for 10/23/2007 at 4:00 p.m. ENDORSEMENT: The parties' requests are denied. The parties must appear at the Initial Conference currently scheduled for 10/23/2007 at 4:00 p.m. (Signed by Judge Shira A. Scheindlin on 10/15/2007) (jar) (Entered: 10/16/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
9

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Shira A. Scheindlin on 10/23/07) (tro) (Entered: 10/24/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
10

SCHEDULING ORDER: Depositions to be completed (from 4/1/08) by 10/30/2008. All Discovery due by 12/30/2008. (Signed by Judge Shira A. Scheindlin on 11/30/07) (db) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
11

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Raechel L. Adams dated 5/2/2008 re: Counsel requests that the court adjourn the status conference currently scheduled for May 6, 2008. ENDORSEMENT: The May 6, 2008 Conference adjourned to May 20, 2008 at 4:30 p.m. The attorneys must appear in person at that time. (Signed by Judge Shira A. Scheindlin on 5/5/08) (mme) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

PACER
12

ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: This Order represents the entire agreement between EEOC, the United States, and DOCS. No prior agreements, oral representations, or statement shall be considered part of this Order. This Order shall not constitute an admission of fault or liability. This Order settles the claims raised in the EEOC'S Amended Complaint, the United States' action, and EEOC Charge No. 520-2007-02374. This Order shall remain in effect for five (5) years form the date of entry as to the EEOC and for three (3) years form the date of entry as to the United States. This Court shall retain jurisdiction and shall have the same powers it would have with respect to a judgment during this effective period to enforce or modify the provisions of this Order, to resolve any dispute that arises under this Order, and to entertain any application and issue any orders as may be necessary or appropriate for the effectuation of its terms and objectives. ENDORSEMENT: The Clerk is directed to close both of these cases 07 Civ 2587; 08 Civ 4419. So Ordered. (Signed by Judge Shira A. Scheindlin on 5/20/2008) (tve) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
13

ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Kaye Gordon as aClaimant, in accordance with paragraph 29 of the May 21, 2008 Order and as further set forth in this Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/7/2009) (tve) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

PACER
14

ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Dawn Butler as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $35,346.59 to Dawn Butler, which sum includes back wages, the monetary value of leave accruals to be restored to Ms. Butler, along with all monetary damages to be issued to Ms. Butler, as set forth in Exhibit A hereto. Within fifteen (15) business days of the payment and leave accrual restoration to be made pursuant to this Modification Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment Opportunity Commission, 33 Whitehall Street, 5th Floor, New York, New York, 10004, and Alicia M. Simmons, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, as set forth in this stipulation. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo) (Entered: 12/22/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
15

ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Jessica Cox as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $37,928.45 to Jessica Cox, which sum includes back wages, the monetary value of leave accruals to be restored to Ms. Cox, along with all monetary damages to be issued to Ms. Cox, as set forth in Exhibit A hereto. Within fifteen (15) business days of the payment and leave accrual restoration to be made pursuant to this Modification Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment OpportunityCommission, 33 Whitehall Street, 5th Floor, New York, New York, 10004, and Alicia M. Simmons, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, as set forth in this stipulation. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo) (Entered: 12/22/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
16

ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Maria Gonzalez as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $29,790.48 to Maria Gonzalez, which sum includes back wages, the monetary value of leave accruals restored to Ms. Gonzalez, along with all monetary damages to be issued to Ms. Gonzalez, as set forth in Exhibit A hereto. Within fifteen (15) business days of the payment and leave accrual restoration to be made pursuant to this Modification Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment Opportunity Commission, 33 Whitehall Street, 5th Floor, New York, New York, 10004, and Alicia M. Simmons, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, as set forth in this order. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo) (Entered: 12/22/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
17

ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF re: (2 in 1:08-cv-04419-SAS) Stipulation and Order. The May 21, 2008 Order shall be deemed amended to include Maureen Billings as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $43,753.72 to Claimant Maureen Billings, which sum includes back wages, the monetary value of leave accruals restored to Maureen Billings, along with all monetary damages to be issued to Ms. Billings, as set forth in Exhibit A hereto. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 2/24/2011) (tro) Modified on 2/25/2011 (tro). (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
18

ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: Paragraph 20 of the May 21, 2008 Order is modified as it pertains to Claimant Maureen Billings to the extent that DOCS shall pay interest on the monetary award to Ms. Billings commencing on the 121st day after receipt by DOCS of the release signed by Ms. Billings. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/12/2011) (lnl) (Entered: 04/13/2011)

April 12, 2011

April 12, 2011

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 29, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of female employees at at a correctional facility.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Department of Correctional Services, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $972,000

Order Duration: 2008 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Reporting

Training

Issues

Discrimination-area:

Accommodation / Leave

Pay / Benefits

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

Disability:

disability, unspecified

EEOC-centric:

Direct Suit on Merits