Case: EEOC v. ERNST & YOUNG, LLP

2:03-cv-04277 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 10, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The Philadelphia office of the EEOC brought this suit against Ernst & Young LLP, an accounting firm, in September 2003, in the U.S. District Court for the District of New Jersey. The complainant alleged that the defendant engaged in hostile work environment and quid pro quo sexual harassment (under Title VII and NJ state law), retaliation, defamation, and invasion of her privacy. Specifically, complainant alleges that her supervisor, a lesbian, repeatedly retaliated against her because she de…

The Philadelphia office of the EEOC brought this suit against Ernst & Young LLP, an accounting firm, in September 2003, in the U.S. District Court for the District of New Jersey. The complainant alleged that the defendant engaged in hostile work environment and quid pro quo sexual harassment (under Title VII and NJ state law), retaliation, defamation, and invasion of her privacy. Specifically, complainant alleges that her supervisor, a lesbian, repeatedly retaliated against her because she declined her supervisor's repeated advances and reported the sexual harassment events to human resources. The complainant intervened in the EEOC's suit several months later (after the court granted and vacated the initial motion to intervene). After the court issued a protective order limiting disclosure of confidential information produced in discovery to the parties, the parties settled the case. The court entered a consent decree in March 2005.

The two-year consent decree includes an anti-retaliation provision, a notice provision (notice must be posted for one year), and a training program for all managers and supervisors at complainant's facility within one year of filing the Decree on employee rights and employer obligation under Title VII and relevant state or local anti-discrimination laws. In addition to the injunctive relief, defendant is to pay complainant $125,000 in damages.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Lionel Joiner (5/29/2007)

Clearinghouse (12/23/2018)

Documents in the Clearinghouse

Document

2:03-cv-04277

Docket [PACER]

EEOC v. Ernst & Young, LLP

March 4, 2005

March 4, 2005

Docket
21

2:03-cv-04277

Second Complaint in Intervention

EEOC v. Ernst & Young, LLP

April 26, 2004

April 26, 2004

Complaint
29

2:03-cv-04277

Order of Dismissal

EEOC v. Ernst & Young, LLP

Dec. 27, 2004

Dec. 27, 2004

Order/Opinion
30

2:03-cv-04277

Order [Modifying Order of Dismissal]

EEOC v. Ernst & Young, LLP

Jan. 26, 2005

Jan. 26, 2005

Order/Opinion
32

2:03-cv-04277

Order of Dismissal with Prejudice

EEOC v. Ernst & Young, LLP

Feb. 17, 2005

Feb. 17, 2005

Order/Opinion
34

2:03-cv-04277

Consent Decree

EEOC v. Ernst & Young, LLP

Feb. 22, 2005

Feb. 22, 2005

Settlement Agreement
35

2:03-cv-04277

Order of Dismissal with Prejudice

EEOC v. Ernst & Young, LLP

Feb. 23, 2005

Feb. 23, 2005

Order/Opinion

EEOC Litigation Settlement Report (March 2005)

EEOC v. Ernst & Young, LLP

No Court

March 5, 2005

March 5, 2005

Press Release

Resources

Docket

Last updated Sept. 4, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand FILING FEE $ wv (MD) (Entered: 09/12/2003)

Sept. 10, 2003

Sept. 10, 2003

2

NOTICE of Allocation and Assignment filed. ( Newark - Judge Walls - Magistrate Judge Wigenton) (NM) (MD) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

SUMMONS(ES) issued for ERNST & YOUNG, LLP ( 20 Days) (Mailed to Counsel) (MD) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

3

Notice of MOTION to intervene by JILL FITZPATRICK by JILL FITZPATRICK, Motion set for 12/8/03 on [3-1] motion w/cert of service attached (Brief/PO Subm) (jd) (Entered: 11/12/2003)

Nov. 10, 2003

Nov. 10, 2003

5

RETURN OF SERVICE executed as to ERNST & YOUNG, LLP 11/3/03 Answer due on 11/24/03 for ERNST & YOUNG, LLP (jd) (Entered: 12/01/2003)

Nov. 24, 2003

Nov. 24, 2003

6

ANSWER to Complaint by ERNST & YOUNG, LLP w/cert of servixe attached (jd) (Entered: 12/10/2003)

Dec. 9, 2003

Dec. 9, 2003

7

Corporate Disclosure STATEMENT by ERNST & YOUNG, LLP (jd) (Entered: 12/10/2003)

Dec. 9, 2003

Dec. 9, 2003

8

ORDER granting [3-1] motion to intervene by JILL FITZPATRICK; terminating [3-2] hearing Motion set for 12/8/03 on [3-1] motion ( signed by Magistrate Judge Susan D. Wigenton ) (NM) (jd) (Entered: 12/10/2003)

Dec. 9, 2003

Dec. 9, 2003

9

ORDER, setting scheduling conference for 11:00 3/26/04 ( signed by Magistrate Judge Susan D. Wigenton ) (NM) (jd) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

10

Intervenor's COMPLAINT w/jury demand by JILL FITZPATRICK against ERNST & YOUNG, LLP, Peter Cahill and Beatrice Fernandez (jd) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

11

Amended ORDER, setting scheduling conference for 11:00 3/26/04 ( signed by Magistrate Judge Susan D. Wigenton ) (NM) (jd) Modified on 12/29/2003 (Entered: 12/29/2003)

Dec. 29, 2003

Dec. 29, 2003

Summons Issued as to PETER CAHILL, ERNST & YOUNG, LLP, BEATRICE FERNANDEZ.(Intervenor)Days Due - 20.(Directly to Counsel) (MD, ) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

12

MOTION for pro hac vice admission of Marcia E. Goodman and Maritoni D. Kane by ERNST & YOUNG, LLP. (Attachments: # 1 Affidavit of Patrick C. Brady# 2 declaration of Maritoni D. Kane# 3 Declaration of Marcia E. Goodman# 4 prposed order# 5 cert of service)(jd, ) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

Set Deadlines as to 12 MOTION for pro hac vice admission Motion Hearing set for 2/9/2004 10:00 AM in Newark - Courtroom 2D before Magistrate Judge Susan D. Wigenton. (jd, ) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

13

ORDER granting re 12 MOTION for pro hac vice admission of Marcia E.Goodman and Maritoni D. Kane filed by ERNST & YOUNG, LLP. Signed by Judge Susan D. Wigenton on 1/20/04. (jd, ) (Entered: 01/26/2004)

Jan. 20, 2004

Jan. 20, 2004

14

ORDER vacating the order granting the motion to intervene, filed by Jill Fitzpatrick and entered on 12/9/03. Signed by Judge Susan D. Wigenton on 1/22/04. (jd, ) (Entered: 01/27/2004)

Jan. 22, 2004

Jan. 22, 2004

15

SCHEDULING ORDER: Settlement Conference set for 3/31/2004 12:30 PM in Newark - Courtroom 2D before Magistrate Judge Susan D. Wigenton. Discovery due by 8/30/2004; etc.. Signed by Judge Susan D. Wigenton on 1/13/04. (sr, ) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

16

MOTION to Intervene w/brief and cert of service attached by JILL FITZPATRICK. (jd, ) (Entered: 02/25/2004)

Feb. 13, 2004

Feb. 13, 2004

17

BRIEF in partial Opposition re 16 MOTION to Intervene filed by ERNST & YOUNG, LLP. (jd, ) (Entered: 03/02/2004)

Feb. 27, 2004

Feb. 27, 2004

18

Letter-BRIEF w/proposed complaint in intervention attached filed by JILL FITZPATRICK. (jd, ) (Entered: 03/04/2004)

March 2, 2004

March 2, 2004

19

ORDER Status Conference set for 7/13/2004 02:30 PM before Magistrate Judge Susan D. Wigenton.. Signed by Judge Susan D. Wigenton on 3/31/04. (jd, ) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

20

ORDER granting 16 Motion to Intervene . Signed by Judge Susan D. Wigenton on 4/12/04. (jd, ) (Entered: 04/13/2004)

April 12, 2004

April 12, 2004

21

Second Intervenor COMPLAINT agst Ernst & Young, LLP and Beatrice Fernandez; jury demand , filed by JILL FITZPATRICK.(jd, ) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

22

WAIVER OF SERVICE Returned Executed by ERNST & YOUNG, LLP. EQUAL EMPOYMENT OPPORTUNITY COMMISSION waiver sent on 6/7/2004, answer due 8/6/2004. (GILL, CYNTHIA) (Entered: 06/11/2004)

June 11, 2004

June 11, 2004

23

WAIVER OF SERVICE Returned Executed by BEATRICE FERNANDEZ. EQUAL EMPOYMENT OPPORTUNITY COMMISSION waiver sent on 6/7/2004, answer due 8/6/2004. (GILL, CYNTHIA) (Entered: 06/11/2004)

June 11, 2004

June 11, 2004

24

ANSWER to Intervenor Complaint by ERNST & YOUNG, LLP, BEATRICE FERNANDEZ.(BIGOSINSKI, THOMAS) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

25

ORDER Status Conference set for 9/13/2004 10:30 AM before Magistrate Judge Susan D. Wigenton. The conference scheduled for 7/13/04 is canceled. Signed by Judge Susan D. Wigenton on 7/6/04. (jd, ) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

Minute Entry for proceedings held before Judge Susan D. Wigenton : Telephone Status Conference held on 9/13/2004. (em, ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

26

ORDER Settlement Conference set for 10/15/2004 12:30 PM before Magistrate Judge Susan D. Wigenton.. Signed by Judge Susan D. Wigenton on 9/13/04. (jd, ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

Minute Entry for proceedings held before Judge Susan D. Wigenton : Settlement Conference held on 10/15/2004. (em, ) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

27

ORDER Discovery due by 12/30/2004. Final Pretrial Conference set for 3/23/2005 12:00 PM before Magistrate Judge Susan D. Wigenton, etc.. Signed by Judge Susan D. Wigenton on 10/15/04. (sr, ) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

28

PROTECTIVE ORDER is to limit the disclosure of confidential information produced during discovery to the parties and certain other necessary persons as described herein. etc.. Signed by Judge Susan D. Wigenton on 11/17/04. (JB, ) (Entered: 11/24/2004)

Nov. 23, 2004

Nov. 23, 2004

29

ORDER DISMISSING CASE as settled, w/out prejudice and w/out costs. Signed by Judge William H. Walls on 12/27/04. (jd, ) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

30

ORDER that the order of dismissal entered 1/5/05 is hereby Modified. The parties are granted an extension of time, until 2/24/05 in which to consummate the settlement, etc.. Signed by Judge William H. Walls on 1/24/05. (jd, ) (Entered: 01/27/2005)

Jan. 26, 2005

Jan. 26, 2005

31

APPLICATION/Motion for dismissal, w/prejudice any and all claims agst deft Beatrice Fernandez for by JILL FITZPATRICK. (jd, ) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

32

ORDER that any and all claims in the Second Complaint in Intervention agst deft Beatrice Fernandez be dismissed w/prejudice, etc.. Signed by Judge Susan D. Wigenton on 2/15/05. (jd, ) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

33

APPLICATION/Motion for dismissal w/prejudice any and all claims agst deft Ernst & Young LLP by JILL FITZPATRICK. (jd, ) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

34

SETTLEMENT AGREEMENT Consent Decree by EQUAL EMPOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

35

ORDER dismissing w/prejudice any and all claims in the Second Complaint in Intervention agst deft Ernst & Young LLP . Signed by Judge Susan D. Wigenton on 2/23/05. (jd, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

36

ORDER/CONSENT DECREE; case is dimissed w/prejudice, subject to this court's jurisdiction to enforce the provisions of this Consent Decree, etc. . Signed by Judge William H. Walls on 3/3/05. (jd, ) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 10, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Beatrice Fernandez (Lyndhurst, N.J.), Private Entity/Person

Peter Cahill (Lyndhurst, N.J.), Private Entity/Person

Ernst &Young, LLP (Lyndhurst, N.J.), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 125000

Order Duration: 2005 - 2007

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit