Case: EEOC v. FIRST AID PRODUCTS

4:03-cv-03289 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 18, 2003

Closed Date: Dec. 1, 2004

Clearinghouse coding complete

Case Summary

The EEOC's Houston office sued First Aid Products LP, a subsidiary of Nutramax Products, and Nutramax Products itself, a national health care product manufacturer, on August 18, 2003 in the U.S. District Court for the Southern District of Texas. The EEOC's complaint alleged that First Aid and Nutramax violated Title VII when they discriminated against an employees based on sex (female) by creating a hostile work environment and promoted disparate terms, privileges, and conditions of employment…

The EEOC's Houston office sued First Aid Products LP, a subsidiary of Nutramax Products, and Nutramax Products itself, a national health care product manufacturer, on August 18, 2003 in the U.S. District Court for the Southern District of Texas. The EEOC's complaint alleged that First Aid and Nutramax violated Title VII when they discriminated against an employees based on sex (female) by creating a hostile work environment and promoted disparate terms, privileges, and conditions of employment. The parties arrived at a settlement in late October 2004 and the court entered a consent decree on December 1, 2004.

The consent decree stipulated that the defendants would not discriminate in the future, create hostile work environments, or retaliate against employees, pay the aggrieved employee $19,000 in damages, provide Title VII compliance training to its Houston employees, adopt a sexual harassment policy, report sexual harassment complaints to the EEOC, and post a notice of compliance with Title VII.

Summary Authors

Aaron Weismann (6/4/2007)

Documents in the Clearinghouse

Document

4:03-cv-03289

Docket

EEOC v. First Aid Products, et al.

Dec. 22, 2004

Dec. 22, 2004

Docket
1

4:03-cv-03289

Complaint and Jury Trial Demand

EEOC v. First Aid Products, et al.

Aug. 18, 2003

Aug. 18, 2003

Complaint
4

4:03-cv-03289

Amended Complaint

EEOC v. First Aid Products, et al.

Sept. 4, 2003

Sept. 4, 2003

Complaint
32

4:03-cv-03289

Consent Decree

EEOC v. First Aid Products, et al.

Dec. 1, 2004

Dec. 1, 2004

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4396625/equal-employment-opp-v-first-aid-products/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment Opp filed; (bchurchill) (Entered: 08/25/2003)

Aug. 18, 2003

Aug. 18, 2003

RECAP
2

Order setting Initial Pretrial and Scheduling Conference on 8:45 11/20/03 before Magistrate Judge Nancy K. Johnson and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) Modified on 08/27/2003 (Entered: 08/25/2003)

Aug. 18, 2003

Aug. 18, 2003

PACER
3

RETURN OF SERVICE executed as to Nutramax Products 8/27/03 filed. Answer due on 9/16/03 for Nutramax Products. (tward) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

PACER
4

FIRST AMENDED COMPLAINT by Equal Employment Opp amending [1-1] complaint and adding First Aid Products LP, filed. (psmith) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

PACER
5

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opp, filed. (psmith) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

PACER
6

ANSWER to Complaint by Nutramax Products (Added attorney James Alfred Southerland), filed. (ljackson) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
7

ANSWER to Complaint by First Aid Products (Added attorney James Alfred Southerland), filed. (psmith) (Entered: 10/01/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
8

ANSWER to Complaint by First Aid LP (Added attorney James Alfred Southerland), filed. (psmith) (Entered: 10/01/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
9

CERTIFICATE OF INTERESTED PARTIES by First Aid Products, Nutramax Products, First Aid LP, filed. (sguevara) (Entered: 10/03/2003)

Oct. 2, 2003

Oct. 2, 2003

PACER
10

INITIAL DISCLOSURE by First Aid Products, Nutramax Products, First Aid LP, filed. (sguevara) (Entered: 10/03/2003)

Oct. 2, 2003

Oct. 2, 2003

PACER
11

RETURN OF SERVICE executed as to First Aid Products 9/8/03 filed. (psmith) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
12

RETURN OF SERVICE executed as to Nutramax Products 9/9/03 filed. (psmith) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
13

JOINT DISCOVERY/Case Management Plan by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP, filed. (sjones) (Entered: 11/17/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
14

Minute entry: SCHEDULING CONFERENCE held. Apps: R Sustaita; R Williars. Scheduling order to follow. terminated deadlines Tape Number: 1A 504-768 . (psmith) (Entered: 11/21/2003)

Nov. 20, 2003

Nov. 20, 2003

PACER
15

SCHEDULING ORDER ; setting Amending of pleadings 1/30/04 ; Joining of parties 1/30/04 ; Pltf expert witness list submitted by 3/31/04 ; Deft expert witness list submitted by 4/30/04 ; Discovery cutoff 5/31/04 ; Deadline for filing all dispositive motions 4/30/04 ; Deadline for filing non-dispositive motions 6/11/04 ; Joint Pretrial order to be submitted on or before 7/16/04 ; Docket call deadline 12:00 7/23/04 ; before Judge John D. Rainey, entered. ETT: 3 days ; jury. Parties notified. Trial Term: August 2004 ( Signed by Magistrate Judge Nancy K. Johnson ) (kprice) (Entered: 11/24/2003)

Nov. 20, 2003

Nov. 20, 2003

PACER
16

INITIAL DISCLOSURE by Equal Employment Opportunity Commission, filed. (ltien) (Entered: 12/04/2003)

Dec. 3, 2003

Dec. 3, 2003

PACER
17

DESIGNATION OF EXPERT WITNESS LIST by Equal Employment Opp filed. (sguevara) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

PACER
18

JOINT MOTION to amend docket control order by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP, filed (sguevara) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

PACER
19

ORDER setting Deft expert witness list submitted by 6/15/04 ; Discovery cutoff 7/15/04 ; Deadline for filing all dispositive motions 6/15/04 ; Deadline for filing non-dispositive motions 7/26/04 ; Joint Pretrial order to be submitted on or before 8/31/04; Docket call is set for 11:00 am on 9/24/04 ; before Judge John D. Rainey, entered. Parties notified. ( Signed by Judge John D. Rainey ) (sguevara) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

PACER
20

JOINT MOTION to amend docket control order by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP, filed (psmith) (Entered: 06/15/2004)

June 10, 2004

June 10, 2004

PACER
21

SCHEDULING ORDER setting Deft expert witness list submitted by 7/15/04; Discovery cutoff 9/15/04; Deadline for filing all dispositive motions 8/15/04; Deadline for filing non-dispositive motions 9/26/04; Pretrial order to be submitted on or before 10/31/04; Docket call deadline 11:00 a.m. on 1/28/05; Granting [20-1] Joint motion to amend docket control order, entered. Parties notified. Trial Term: February, 2005 (Signed by Judge John D. Rainey) (kwallace) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

PACER
22

JOINT MOTION to amend docket control order by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP, filed (sguevara) (Entered: 08/18/2004)

Aug. 16, 2004

Aug. 16, 2004

PACER
23

ORDER granting the [22-1] joint motion to amend docket control order. The dispositive motion filing deadline shall now be 9/15/04, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 08/27/2004)

Aug. 24, 2004

Aug. 24, 2004

PACER
24

MOTION for Protective Order, MOTION to Quash Depositions by Nutramax Products Inc, filed. Motion Docket Date 9/28/2004. (Attachments: # 1 attachment to motion# 2 attachement to motion# 3 attachment to motion# 4 Text of Proposed Order)(hlerma, ) (Entered: 09/08/2004)

1 attachment to motion

View on PACER

2 attachement to motion

View on PACER

3 attachment to motion

View on PACER

4 Text of Proposed Order

View on PACER

Sept. 8, 2004

Sept. 8, 2004

PACER
25

RESPONSE to 24 MOTION for Quash filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(sguevara, ) (Entered: 09/09/2004)

1 Proposed Order

View on PACER

Sept. 8, 2004

Sept. 8, 2004

PACER
26

JOINT MOTION to Amend Docket Control Order and WITHDRAWAL OF MOTION TO QUASH by Equal Employment Opportunity Commission, First Aid Products LP, First Aid Products, Inc., Nutramax Products Inc, filed. Motion Docket Date 9/29/2004. (djustice, ) Additional attachment(s) added on 9/10/2004 (djustice, ). Modified on 9/14/2004: To correct name of Deft (ltesch, ). (Entered: 09/10/2004)

1 Proposed Order

View on PACER

Sept. 9, 2004

Sept. 9, 2004

PACER
27

Granting Joint Motion to AMEND SCHEDULING ORDER: Trial Term: February, 2005. Discovery due by 10/22/2004; Dispositive Motion Filing due by 10/29/2004; Non-Dispositive Motion Filing due by 11/15/2004; Joint Pretrial Order due by 12/31/2004; Docket Call set for 1/28/2005 at 11:00 AM before Judge John D. Rainey.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

PACER
28

Letter from Rudy L. Sustaita regarding settlement, filed. (kwallace, 6) (Entered: 10/19/2004)

Oct. 12, 2004

Oct. 12, 2004

PACER
29

ORDER: The Parties informed the Court that this action has SETTLED. The Parties are ORDERED to submit closing papers no later than thirty (30) days after the entry of this Order, or this case will be dismissed. ( Signed by Judge John D. Rainey ) Parties notified.(kwallace, 6) (Entered: 10/26/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
30

MOTION to Reopen Case by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order)(kmurphy, ) (Entered: 11/26/2004)

1 Proposed Order

View on PACER

Nov. 24, 2004

Nov. 24, 2004

PACER
31

MOTION for Approval of Consent Decree, and MOTION for Entry of a Consent Decree in Resolution of Suit by all parties, filed. (sguevara, ) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
32

ORDER granting Plaintiff EEOC's 31 Motion for Consent Decree.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, 6) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

PACER
33

MOTION to Withdraw EEOC's 30 MOTION to Reopen Case, by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 12/22/2004)

1 Proposed Order

View on PACER

Dec. 20, 2004

Dec. 20, 2004

PACER
34

ORDER denying as moot the EEOC's 33 Motion to Withdraw its Motion to Reopen Case.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, 6) (Entered: 12/23/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 18, 2003

Closing Date: Dec. 1, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Nutramax Products, Inc. (Houston, TX), Private Entity/Person

First Aid Products LP (Houston, TX), Private Entity/Person

Case Details

Causes of Action:

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

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: 19000

Order Duration: 2004 - 2006

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Recordkeeping

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Auditing

Issues

General:

Disparate Treatment

Discrimination-area:

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