Case: EEOC v. Foam Works, LLC

2:06-cv-02146 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 27, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 27, 2006, the EEOC filed this lawsuit in the U.S. District Court for the Easter District of California. The EEOC sued Foam Works, LLC under Title VII of the Civil Rights Act of 1964, bringing this suit on behalf of a female employee who sought a permanent injunction enjoining Foam Works, LLC from discriminating against employees on the basis of sex or from discriminating against employees for opposing unlawful employment practices. The EEOC also sought backpay and punitive damages …

On September 27, 2006, the EEOC filed this lawsuit in the U.S. District Court for the Easter District of California. The EEOC sued Foam Works, LLC under Title VII of the Civil Rights Act of 1964, bringing this suit on behalf of a female employee who sought a permanent injunction enjoining Foam Works, LLC from discriminating against employees on the basis of sex or from discriminating against employees for opposing unlawful employment practices. The EEOC also sought backpay and punitive damages for the female employee.

In the complaint, the employee claimed that she had experienced sexual harassment in the form of derogatory comments. When the employee complained about the harassment her employer retaliated against her by reducing her hours and duties. She was ultimately discharged.

On October 12, 2007, District Judge Morrison C. England approved and ordered a proposed consent decree. The consent decree required the defendant to pay the complainant $21,500 in compensatory damages. The defendant was also required to conduct annual training on harassment, institute a confidential complaint procedure, retain pertinent records, and allow the EEOC to inspect documents with twenty days notice. Its effective period was 3 years, and there's nothing more on the docket--so presumably the matter ended in 2010.

Summary Authors

Kevin Wilemon (5/22/2008)

Gabriela Hybel (10/30/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5769298/parties/us-equal-employment-opportunity-commission-v-foam-works-llc/


Judge(s)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Morrison, Angela D. (Nevada)

Park, Anna Y. (California)

Attorneys(s) for Defendant

Khoobyarian, Erik P (California)

Judge(s)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Morrison, Angela D. (Nevada)

Park, Anna Y. (California)

Attorneys(s) for Defendant

Khoobyarian, Erik P (California)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Foam Works LLC

Oct. 15, 2007 Docket
1

Complaint

EEOC v. Foam Works LLC

Sept. 27, 2006 Complaint
11

Consent Decree

EEOC v. Foam Works LLC

Oct. 12, 2007 Settlement Agreement
13

Exhibit "A" Notice to All Employees

Oct. 12, 2007 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5769298/us-equal-employment-opportunity-commission-v-foam-works-llc/

Last updated May 20, 2022, 12:02 a.m.

ECF Number Description Date Link
1

COMPLAINT Civil Rights − Sex Harassment; Retaliation against Foam Works, LLC. by U.S. Equal Employment Opportunity Commission. Attorney Park, Anna Y added.(Park, Anna) (Entered: 09/27/2006)

Sept. 27, 2006
12

STIPULATION and ORDER re 11 (Proposed) Consent Decree, signed by Judge Morrison C. England Jr. on 10/12/07. The provisions of the foregoing Consent Decree are hereby APPROVED and compliance with all provisions thereof is Hereby ORDERED.(Kastilahn, A)

Oct. 15, 2007 RECAP
13

ORDER signed by Judge Morrison C. England Jr. on 10/12/07 re Exhibit "A" - Notice to All Employees pursuant to 12 Consent Decree entered by the USDC. (Kastilahn, A)

Oct. 15, 2007 RECAP
2

CIVIL COVER SHEET by U.S. Equal Employment Opportunity Commission (Park, Anna) (Entered: 09/27/2006)

Sept. 27, 2006
3

SUMMONS ISSUED as to *Foam Works, LLC.* with answer to complaint due within *20* days. Attorney *Anna Y. Park* *US Equal Employment Opportunity Commission* *255 East Temple Street, 4th Floor* *Los Angeles, CA 90012*. (Duong, D) (Entered: 09/27/2006)

Sept. 27, 2006
5

NOTICE − Proof of Service by U.S. Equal Employment Opportunity Commission for 4 Civil New Case Documents for MCE. (Park, Anna) Modified on 11/27/2006 (Marciel, M). (Entered: 11/24/2006)

Nov. 24, 2006
6

WAIVER of SERVICE RETURNED EXECUTED by U.S. Equal Employment Opportunity Commission. Attorney Morrison−GOVT, Angela D. added. Foam Works, LLC. waiver sent on 11/24/2006, answer due 1/23/2007. (Morrison−GOVT, Angela) (Entered: 12/27/2006)

Dec. 27, 2006
7

JOINT STATUS REPORT by U.S. Equal Employment Opportunity Commission. (Morrison−GOVT, Angela) (Entered: 01/23/2007)

Jan. 23, 2007
8

ANSWER to COMPLAINT by Foam Works, LLC.. Attorney Khoobyarian, Erik P added.(Khoobyarian, Erik) (Entered: 01/23/2007)

Jan. 23, 2007
9

PRETRIAL (STATUS) SCHEDULING ORDER signed by Judge Morrison C. England Jr. on 2/5/2007: Designation of Expert Witnesses due by 11/13/2007. Discovery due by 9/13/2007. Dispositive Motion due by 2/13/2008. Final Pretrial Conference set for 5/12/2008 at 03:30 PM and Jury Trial set for 6/11/2008 at 09:00 AM in Courtroom 3 before Judge Morrison C. England Jr.. Upon the stipulation of the parties in their 7 Joint Status Report this matter is REFERRED to the VDRP. (Deutsch, S) Modified on 2/15/2007 (Yin, K). (Entered: 02/05/2007)

Feb. 5, 2007

[TEXT ONLY ENTRY] REMOVAL from VDRP, terminating VDRP party. This case has settled prior to the VDRP process.(Martinez, L) (Entered: 05/24/2007)

May 24, 2007
11

STIPULATION [PROPOSED] CONSENT DECREE; ORDER by U.S. Equal Employment Opportunity Commission. (Morrison−GOVT, Angela) (Entered: 09/26/2007)

Sept. 26, 2007

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: 2010

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

Foam Works, LLC (Sacramento, CA), 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: 21500

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits