Case: EEOC v. SPD Technologies, Inc.

2:04-cv-05771 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 13, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On December 13, 2004, EEOC, on behalf of a female employee, filed a complaint in the United States District Court for the Eastern District of Pennsylvania alleging violations of the Equal Pay Act of 1963, Title VII of the Civil Rights Right of 1964 and Title I of the Civil Rights Act of 1991. The complaint asserted that despite doing equal work, the employee was paid substantially lower wages and despite her complaints this practice continued, causing emotional distress. As a result, the plaint…

On December 13, 2004, EEOC, on behalf of a female employee, filed a complaint in the United States District Court for the Eastern District of Pennsylvania alleging violations of the Equal Pay Act of 1963, Title VII of the Civil Rights Right of 1964 and Title I of the Civil Rights Act of 1991. The complaint asserted that despite doing equal work, the employee was paid substantially lower wages and despite her complaints this practice continued, causing emotional distress. As a result, the plaintiff sought compensatory and punitive damages including back pay.

On August 16, 2005, the court (Judge Charles R. Weiner) approved a consent decree. The decree enjoined SPD Technologies from engaging in discrimination against any employee or applicant for employment on the basis of sex in violation of Title VII, Title I or the EPA. Additionally, the two year consent decree awarded the charging party $95,000 in monetary relief and required her annual salary to be raised to $71,088.

Summary Authors

David Miller (8/24/2010)

Documents in the Clearinghouse

Document

2:04-cv-05771

Docket

EEOC v. SPD Technologies Inc

Aug. 16, 2005

Aug. 16, 2005

Docket
1

2:04-cv-05771

Complaint

EEOC v. SPD Technologies Inc.

Dec. 13, 2004

Dec. 13, 2004

Complaint
11

2:04-cv-05771

Third Party Complaint

EEOC v. SPD Technologies Inc

March 14, 2005

March 14, 2005

Complaint

2:04-cv-05771

EEOC Litigation Settlement Summary

EEOC v. SPD Technologies Inc

No Court

Aug. 17, 2005

Aug. 17, 2005

Press Release

Resources

Docket

Last updated Aug. 4, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against SPD TECHNOLOGIES, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ti, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

One Original Summons Issued as to SPD TECHNOLOGIES, INC. Forwarded To: Counsel on 12/14/04 (ti, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

2

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: DAVID WARBURTON served Summons and Complaint upon J.D. HESDON on behalf of SPD TECHNOLOGIES, INC. by Personal Service. SPD TECHNOLOGIES, INC. served on 12/30/2004, answer due 1/19/2005. (stb, ) (Entered: 01/06/2005)

Jan. 5, 2005

Jan. 5, 2005

3

STIPULATION AND ORDER THAT TIME FOR SPD TECHNOLOGIES, INC. TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT IS EXTENDED UNTIL 2/11/2005. SIGNED BY JUDGE CHARLES R. WEINER ON 2/1/05. 2/1/05 ENTERED AND COPIES MAILED.(stb, ) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

4

APPLICATION for Pro Hac Vice Admission of JOHN K. DIVINEY on behalf of SPD TECHNOLOGIES, INC. Affidavit, Certificate of Service. (stb, ) Additional attachment(s) added on 4/14/2005 (stb, ). (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

5

ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF JOHN K. DIVINEY ON BEHALF OF SPD TECHNOLOGIES IS GRANTED. SIGNED BY JUDGE CHARLES R. WEINER ON 2/4/05. 2/8/05 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

6

Affirmative Defenses and ANSWER to Complaint by SPD TECHNOLOGIES, INC., Certificate of Service. (MALLOY, ELIZABETH) Modified on 2/10/2005 (np). (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

8

MOTION FOR LEAVE TO INTERVENE BY JOAN MCLAUGHLIN.CERTIFICATE OF SERVICE. (Attachments: # 1 EXHIBIT A− 3RD PARTY COMP)(stb, ) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

9

Brief in Opposition re 7 MOTION to Intervene of Joan McLaughlin filed by Harold I. Goodman, Esquire filed by SPD TECHNOLOGIES, INC., Certificate of Service. (MALLOY, ELIZABETH) Modified on 3/11/2005 (np). (Entered: 03/10/2005)

March 10, 2005

March 10, 2005

10

ORDER THAT THE MOTION TO INTERVENE IS GRANTED. MS. MCLAUGHLIN IS GRANTED LEAVE TO FILE A THIRD PARTY COMPLAINT AGAINST DEFENDANT SPD TECHNOLOGIES, INC. WITHIN SEVEN DAYS OF THE DATE OF THIS ORDER.. SIGNED BY JUDGE CHARLES R. WEINER ON 3/9/05.3/11/05 ENTERED AND COPIES MAILED AND FAXED (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

11

THIRD PARTY COMPLAINT against SPD TECHNOLOGIES, INC. , filed by JOAN MCLAUGHLIN. Jury Demand, Certificate of Service(stb, ) (Entered: 03/15/2005)

March 14, 2005

March 14, 2005

1 Original Summons Issued as to SPD TECHNOLOGIES, INC.. Forwarded To: HAROLD GOODMAN on 3/15/05 (stb, ) (Entered: 03/21/2005)

March 14, 2005

March 14, 2005

12

NOTICE OF CONFERENCE: PRETRIAL CONFERENCE SET FOR THURS, 4/21/2005 AT 10:45 AM IN COURTROOM 6B BEFORE HONORABLE CHARLES R. WEINER. (OR BY PHONE IF PREVIOUSLY ARRANGED WITH THE DEPUTY)(smj) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

13

ANSWER to Third Party Complaint with Affirmative Defenses by SPD TECHNOLOGIES, INC., Certificate of Service. (MALLOY, ELIZABETH) Modified on 4/13/2005 (fh, ). (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

14

PRETRIAL REPORT AND ORDER THAT DISCOVERY IS TO BE COMPLETED IN 4 MONTHS. DEFENDANT WILL SET TELEPHONE CONFERENCE 5/31/05 AT 10:30. SIGNED BY JUDGE CHARLES R. WEINER ON 4/21/05. 4/25/05 ENTERED AND COPIES MAILED BY CHAMBERS AND E−MAILED.(stb, ) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

15

Minute Entry for proceedings held before Judge CHARLES R. WEINER : Status Conference held on 5/25/05. (pr, ) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

16

Minute Entry for proceedings held before Judge CHARLES R. WEINER : Status Conference held on 6/15/05. (stb, ) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

17

CONSENT DECREE: THIS COURT HAS JURISDICTION OVER THE PARTIES AND SUBJECT MATTER OF THIS ACTION. SPD IS ENJOINED FROM DISCRIMINATING AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT ON THE BASIS OF SEX IN VIOLATION OF TITLE VII OR THE EPA. SIGNED BY JUDGE CHARLES R. WEINER ON 8/16/2005. 8/17/2005 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) (Entered: 08/17/2005)

Aug. 16, 2005

Aug. 16, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Joan McLaughlin, who was subjected to discrimination based on her gender which included lower wages for equal work and emotional distress.

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

SPD Technologies Inc. (Philadelphia, Philadelphia), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: $95, 000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits