Case: EEOC v. ADVANCE AUTO PARTS

2:05-cv-00173 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Jan. 21, 2005

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Case Summary

On January 21, 2005, the EEOC filed this sexual harassment and retaliation case against a New Orleans auto parts company. The claimant, who intervened, had complained to her Human Resources director that she was sexually harassed by her immediate supervisor, and by one of his subordinate employees. The harassment included innappropriate sexual statements, requests for dates, offers of money in exchange for sexual favors and innapropriate touching. As a result of her complaints, the employer…

On January 21, 2005, the EEOC filed this sexual harassment and retaliation case against a New Orleans auto parts company. The claimant, who intervened, had complained to her Human Resources director that she was sexually harassed by her immediate supervisor, and by one of his subordinate employees. The harassment included innappropriate sexual statements, requests for dates, offers of money in exchange for sexual favors and innapropriate touching. As a result of her complaints, the employer transferred Ms. Harris to a less desirable work location.

After the Court denied the EEOC's Motion for Partial Summary Judgment, the parties entered a Consent Decree which required the defendant to pay the employee $75,000.00 and prohibited the Defendant from engaging in discrimination based on sex and retaliation for complaints of such discrimination. The employer agreed to provide the EEOC with three written reports at six-month intervals setting forth all complaints of harassment at its New Orleans facility and describing and documenting its responses to those complaints.

The Defendant futher agreed to fire the two men who were the subjects of the complaints and to put in place mechanisms to assure that neither of them will ever be hired by the Defendant to work in any capacity ever again.

The Consent Decree also required the Defendant to provide non-discrimination training for all its supervisory and managerial employees and to review its policies concerning sexual harassment and retaliation one year from entry of the Order to determine if any changes are warranted and, if so, to make those changes.

Summary Authors

Denise Heberle (1/4/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4734693/parties/eeoc-v-advance-auto-parts/


Judge(s)

Lemmon, Mary Ann Vial (Louisiana)

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Documents in the Clearinghouse

Document

2:05-cv-00173

Docket

EEOC v. Advance Auto Parts

Nov. 13, 2006

Nov. 13, 2006

Docket
1

2:05-cv-00173

Complaint

EEOC v. Advance Auto Parts, Inc.

Jan. 21, 2005

Jan. 21, 2005

Complaint
6

2:05-cv-00173

Complaint in Intervention

EEOC and Sarah Harris v. Advance Auto Parts, Inc.

March 16, 2005

March 16, 2005

Complaint
19

2:05-cv-00173

First Amended Complaint

EEOC v. Advance Auto Parts, Inc.

May 9, 2005

May 9, 2005

Complaint
106

2:05-cv-00173

Order

EEOC v. Advance Auto Parts, Inc.

Aug. 28, 2006

Aug. 28, 2006

Order/Opinion

2006 U.S.Dist.LEXIS 61543

119

2:05-cv-00173

Consent Decree

EEOC v. Advance Auto Parts, Inc.

Nov. 13, 2006

Nov. 13, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4734693/eeoc-v-advance-auto-parts/

Last updated April 18, 2025, 8:50 a.m.

ECF Number Description Date Link Date / Link
106

ORDER denying 64 Motion for Summary Judgment, Denying 69 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission . Signed by Judge Mary Ann Vial Lemmon. (ijg, ) Modified on 9/1/2006 (ijg, ).

Aug. 28, 2006

Aug. 28, 2006

RECAP

Case Details

State / Territory: Louisiana

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: Jan. 21, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Advance Auto Parts, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Reporting

Amount Defendant Pays: $75,000.00

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit