Case: EEOC v. TOM LANGE COMPANY, INC.

2:05-cv-00955 | U.S. District Court for the Western District of Pennsylvania

Filed Date: July 13, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On July 13, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee at a distributor of fruits and vegetables (plaintiff-intervenor), filed a lawsuit in the Western District Court of Pennsylvania, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, against Tom Lange Company, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming t…

On July 13, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee at a distributor of fruits and vegetables (plaintiff-intervenor), filed a lawsuit in the Western District Court of Pennsylvania, under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, against Tom Lange Company, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant subjected the plaintiff-intervenor to a sexually hostile work environment and retaliated against her after she complained about sexual harassment.

On July 26, 2005, the plaintiff-intervenor filed a complaint alleging the same as the plaintiff above but adding state claims against her supervisors. On September 20, 2005, the District Court (Judge Terrence F. McVerry) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $100,000, and pay plaintiff-intervenor's counsel $50,000 in attorneys' fees.

Summary Authors

Perry Miska (4/22/2014)

People

Judge(s)

McVerry, Terrence F. (Pennsylvania)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

Attorney for Defendant

Miller, Gregory A. (Pennsylvania)

Expert/Monitor/Master/Other

Moore, Francis M. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:05-cv-00955

Docket

EEOC v. Tom Lange Company, Inc.

Sept. 23, 2005

Sept. 23, 2005

Docket
1-1

2:05-cv-00955

Complaint

EEOC v. Tom Lange Company, Inc.

July 13, 2005

July 13, 2005

Complaint
3-2

2:05-cv-00955

[Intervenor's Complaint]

EEOC v. Tom Lange Company, Inc.

July 26, 2005

July 26, 2005

Complaint
16

2:05-cv-00955

Consent Decree

EEOC v. Tom Lange Company, Inc.

Sept. 20, 2005

Sept. 20, 2005

Settlement Agreement

2:05-cv-00955

EEOC Litigation Settlement Report

EEOC v. Tom Lange Company, Inc.

No Court

Sept. 22, 2005

Sept. 22, 2005

Press Release
19

2:05-cv-00955

Order of Court [Dismissing Case]

EEOC v. Tom Lange Company, Inc.

Sept. 23, 2005

Sept. 23, 2005

Order/Opinion

Docket

Last updated March 26, 2025, 8:29 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against TOM LANGE COMPANY, INC. filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet)(plh) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

2

SUMMONS/Return of Service Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. TOM LANGE COMPANY, INC. served on 7/20/2005, answer due 8/9/2005. (Clickner, M.) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

3

MOTION to Intervene by VALERIE DOWDS. (Attachments: # 1 Complaint)(ksa) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

4

NOTICE of Appearance by Gregory A. Miller on behalf of TOM LANGE COMPANY, INC. (Miller, Gregory) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

5

ORDER OF RECUSAL. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 7/27/05. (smk) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

Judge Terrence F. McVerry added. (ept) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

6

Order Response re 3 Motion to Intervene, Set Response: Response to Motion and Reply to Response Deadlines.Response to Motion due by 8/10/2005. Signed by Judge Terrence F. McVerry on 8/1/2005. (kll) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

7

RESPONSE to Motion re 3 MOTION to Intervene filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

TEXT ORDER granting 3 Motion to Intervene. The Clerk shall file the attached Complaint forthwith. Text only entry; no PDF document will issue.Signed by Judge Terrence F. McVerry on 8/9/2005. (kll) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

8

BRIEF in Support re 3 MOTION to Intervene filed by VALERIE DOWDS. (Attachments: # 1 Proposed Order)(crw, ) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

9

MOTION to Dismiss EEOC COMPLAINT by TOM LANGE COMPANY, INC.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Proposed Order)(Tuite, Jaime) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

10

BRIEF in Support re 9 MOTION to Dismiss EEOC COMPLAINT filed by TOM LANGE COMPANY, INC.. (Tuite, Jaime) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

11

Intervenor COMPLAINT filed by VALERIE DOWDS adding Tom Law and Phillip Gumpert as Intervenor Defts. (plh) (Entered: 08/22/2005)

Aug. 9, 2005

Aug. 9, 2005

Text Order Response re 9 Motion to Dismiss, 10 Brief in Support of Motion.Responses due by 9/9/2005. Text only entry; no PDF document will issue.Signed by Judge Terrence F. McVerry on 8/10/2005. (kll) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

12

WAIVER OF SERVICE Returned Executed by VALERIE DOWDS. TOM LANGE COMPANY, INC. waiver sent on 8/10/2005, answer due 10/11/2005. (plh) (Entered: 08/22/2005)

Aug. 19, 2005

Aug. 19, 2005

13

WAIVER OF SERVICE Returned Executed by VALERIE DOWDS. TOM LAW waiver sent on 8/10/2005, answer due 10/11/2005. (plh) (Entered: 08/22/2005)

Aug. 19, 2005

Aug. 19, 2005

15

BRIEF in Opposition re 9 MOTION to Dismiss EEOC COMPLAINT filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Appendix Appendix, Part I, to Commission's Opposition to Motion to Dismiss# 2 Appendix Appendix, Part II, to Commission's Opposition to Motion to Dismiss)(Clickner, M.) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

16

CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

17

Approved Consent Decree. Signed by Judge Terrence F. McVerry on 9/21/05. (Attachments: # 1 Exhibit - Notice to All Tom Lange Company, Inc. Employees) (jcm) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

18

STIPULATION of Dismissal by PHILLIP GUMPERT, TOM LAW, TOM LANGE COMPANY, INC.. (Attachments: # 1 Proposed Order)(Miller, Gregory) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

19

ORDER re 18 Stipulation of Dismissal filed by TOM LANGE COMPANY, INC., TOM LAW, PHILLIP GUMPERT. Signed by Judge Terrence F. McVerry on 9/23/05. (cc) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 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: July 13, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee at a wholesale distributor of fruits and vegetables alleging sexual harassment and retaliation.

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

TOM LANGE COMPANY, 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Amount Defendant Pays: 150,000

Order Duration: 2005 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Private Party intervened in EEOC suit