Case: EEOC v. MER CORPORATION d/b/a "Dancers Show Club"

1:06-cv-01436 | U.S. District Court for the Southern District of Indiana

Filed Date: Sept. 29, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 29, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit in the Indianapolis U.S. District Court for the Southern District of Indiana against Mer Corporation (doing business as Dancers Show Club) on behalf of a female employee. According to the EEOC, Mer had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) by forcing the employee to take early maternity leave, which resulted in loss of her position as a bartender. The EEOC sought its cos…

On September 29, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit in the Indianapolis U.S. District Court for the Southern District of Indiana against Mer Corporation (doing business as Dancers Show Club) on behalf of a female employee. According to the EEOC, Mer had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) by forcing the employee to take early maternity leave, which resulted in loss of her position as a bartender. The EEOC sought its costs, monetary and injunctive relief for the employee, including policy reform, back pay, compensation for emotional harm, and punitive damages.

The employee intervened in the case with the Court's approval (Judge Larry J. McKinney) on October 27, 2006. The employee proceeded on the same grounds as the EEOC and sought substantially the same relief, though the employee's complaint contained greater factual detail.

The parties reached a settlement, which the Court entered as a consent decree on November 20, 2007. The decree provided monetary relief ($6,000 in back pay and $30,500 in compensatory damages) for the employee and contained a variety of injunctive provisions. Under the decree Mer was required not to discriminate or retaliate, to post an EEOC notice, to expunge all references to the discrimination charge from the employee's file and make no mention of it in references, to notify all current and future employees with hiring/firing authority that pregnancy is not a factor to be considered in employment decisions, to provide all managers and supervisors with sex discrimination training, and to report annually to the EEOC the reasons for discharge when a pregnant employee has been fired. The parties bore their own costs. No further court activity appears on the docket, and the case is now closed.

Summary Authors

Kenneth Gray (7/29/2013)

People


Judge(s)

Lawrence, William T. (Indiana)

McKinney, Larry J. (Indiana)

Attorneys(s) for Plaintiff

Bird, Kenneth L (Indiana)

Eisele, Michelle (Indiana)

Farnsworth, Jo Ann (Indiana)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Rocap, Richard A (Indiana)

Timberman, Scott Lee (Indiana)

Other Attorney(s)

Active

Judge(s)

Lawrence, William T. (Indiana)

McKinney, Larry J. (Indiana)

Attorneys(s) for Plaintiff

Bird, Kenneth L (Indiana)

Eisele, Michelle (Indiana)

Farnsworth, Jo Ann (Indiana)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Rocap, Richard A (Indiana)

Timberman, Scott Lee (Indiana)

Other Attorney(s)

Welsh, Gary R (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. MER Corporation

Nov. 20, 2007 Docket
1

Complaint

EEOC v. MER Corporation

Sept. 29, 2006 Complaint
13

[Plaintiff-Intervenor's] Complaint

EEOC v. MER Corporation

Oct. 27, 2006 Complaint
49

Stipulated Protective Order

EEOC v. Mer Corporation

June 28, 2007 Order/Opinion
81

Consent Decree

EEOC v. Mer Corporation

Nov. 20, 2007 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf a female employee

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

Mer Corporation d/b/a Dancers Show Club, 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: $36,500

Order Duration: 2007 - 2012

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit