Case: EEOC v. American Industrial Sales Corp

6:06-cv-06426 | U.S. District Court for the Western District of New York

Filed Date: Aug. 23, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act of 1964, alleging that the corporation had engaged in sex discrimination against an individual complainant employee and a class of similarly situated women. The EEOC sought injunctive and monetary reli…

On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act of 1964, alleging that the corporation had engaged in sex discrimination against an individual complainant employee and a class of similarly situated women. The EEOC sought injunctive and monetary relief.

Specifically, EEOC alleged that the company's owner, President, and Vice President had engaged in sexually harassing conduct, including inappropriate and unwanted touching, sexual advances, and demands for sexual favors, all of which had created a hostile work environment. When individual employees complained about these actions, they were terminated.

For the following year the parties engaged in discovery. In September 2007, Judge Jonathan W. Feldman referred the case to mediation.

On May 13, 2008, the court entered a consent decree. This decree required the defendants to adopt anti-discrimination policies, train their employees to adhere to the policies, report to the EEOC regarding discrimination complaints, and pay the plaintiffs $ 375,000 in monetary damages. The court maintained jurisdiction over the decree for three years.

This case is now closed.

Summary Authors

Justin Kanter (5/28/2008)

Sean Whetstone (5/21/2018)

People


Judge(s)

Feldman, Jonathan W. (New York)

Telesca, Michael Anthony (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Malloy, Margaret Ann (New York)

Palacios, Rosa Liliana (Massachusetts)

Attorneys(s) for Defendant

Harrigan, Christopher J. (New York)

Heary, Robert P. (New York)

Oppenheimer, Laurence (New York)

Judge(s)

Feldman, Jonathan W. (New York)

Telesca, Michael Anthony (New York)

Attorneys(s) for Plaintiff

Grossman, Elizabeth (New York)

Malloy, Margaret Ann (New York)

Palacios, Rosa Liliana (Massachusetts)

Attorneys(s) for Defendant

Harrigan, Christopher J. (New York)

Heary, Robert P. (New York)

Oppenheimer, Laurence (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. American Industrial Sales Corp.

May 13, 2008 Docket
1

Complaint

EEOC v. American Industrial Sales Corp. d/b/a RAK Industries, Inc.

Aug. 23, 2006 Complaint
30

Consent Decree

May 13, 2008 Settlement Agreement

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against American Industrial Sales Corp., filed by Equal Employment Opportunity Commission.(JHF) (Entered: 08/23/2006)

Aug. 23, 2006

Summons Issued as to American Industrial Sales Corp.(JHF) (Entered: 08/23/2006)

Aug. 23, 2006
2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. American Industrial Sales Corp. waiver sent on 8/28/2006, answer due 10/27/2006. (Palacios, R) (Entered: 10/02/2006)

Oct. 2, 2006
3

ANSWER to Complaint by American Industrial Sales Corp..(Heary, Robert) (Entered: 10/25/2006)

Oct. 25, 2006
4

CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 3 Answer to Complaint (Heary, Robert) (Entered: 10/25/2006)

Oct. 25, 2006
5

ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Michael A. Telesca on October 26, 2006. (MS, ) (Entered: 10/26/2006)

Oct. 26, 2006
6

ORDER Scheduling Conference set for 11/29/2006 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/27/2006. (RO) (Entered: 10/27/2006)

Oct. 27, 2006
7

REPORT of Rule 26(f) Planning Meeting. (Heary, Robert) (Entered: 11/14/2006)

Nov. 14, 2006
9

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 11/29/2006. Order issued. (RO) (Entered: 12/06/2006)

Nov. 29, 2006
8

ORDER: Discovery due by 12/31/2007. Join Parties/Amend Pleadings due by 7/1/2007. Motions due by 2/28/2008. Signed by Hon. Jonathan W. Feldman on 11/29/06. (JHF) Modified on 1/16/2007. (JHF) (Entered: 12/01/2006)

Dec. 1, 2006

E−Filing Notification: re 8 ORDER, corrected deadline of Join Parties/Amend Pleadings due by to 7/1/2007. Set/Reset Deadlines: Join Parties/Amend Pleadings due by 7/1/2007. (JHF) (Entered: 01/16/2007)

Jan. 16, 2007
10

NOTICE of Appearance by Margaret Ann Malloy on behalf of Equal Employment Opportunity Commission. Attachment: # 1 Certificate of Service.(JHF) (Entered: 01/18/2007)

Jan. 16, 2007
11

MOTION for Extension of Time to File Amended Pleading or Add Parties by Equal Employment Opportunity Commission.Motions referred to Jonathan W. Feldman.(Malloy, Margaret) (Entered: 06/29/2007)

June 29, 2007
13

NOTICE of Appearance by Christopher J. Harrigan on behalf of American Industrial Sales Corp. (Harrigan, Christopher) (Entered: 07/30/2007)

July 30, 2007
14

MOTION to Compel Discovery Responses Relating to Employee Identities by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 07/31/2007)

July 31, 2007
15

AFFIDAVIT in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff's First Set of Interrogatories# 2 Exhibit Plaintiff's First Set of Document Requests# 3 Exhibit Defendant's Response to Plaintiff's First Set of Interrogatories# 4 Exhibit Defendant's Response to Plaintiff's First Set of Document Requests# 5 Exhibit Letter dated June 12, 2007 from Defendant to Plaintiff# 6 Exhibit Memo Endorsed letter re extension of time to add parties# 7 Exhibit Letter dated July 13, 2007 from Plaintiff to Defendant# 8 Exhibit Letter dated July 18, 2007 from Defendant to Plaintiff)(Malloy, Margaret) (Entered: 07/31/2007)

July 31, 2007
16

MEMORANDUM in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 07/31/2007)

July 31, 2007

NOTICE of Hearing on Motion 14 MOTION to Compel Discovery Responses Relating to Employee Identities : Responses due by 9/19/2007 Motion Hearing (oral argument) set for 10/5/2007 10:00 AM in Courtroom 3 before Hon. Jonathan W. Feldman. (LMD) (Entered: 08/29/2007)

Aug. 29, 2007

E−Filing Notification: 11 MOTION for Extension of Time to File Amended Pleading or Add Parties PLEASE NOTE: Letters are not e−filed. In the future letter requests such as this should be mailed or faxed to the Court. (LMD) (Entered: 08/29/2007)

Aug. 29, 2007
17

MEMORANDUM in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Heary, Robert) (Entered: 09/19/2007)

Sept. 19, 2007
18

AFFIDAVIT of Robert P. Heary in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Attachments: # 1 Exhibit Ashlea Crawford Discrimination Charge# 2 Exhibit EEOC Initial Disclosures# 3 Exhibit EEOC Supplemental Disclosures# 4 Exhibit July 26, 2007 Correspondence)(Heary, Robert) (Entered: 09/19/2007)

Sept. 19, 2007
19

CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 18 Affidavit in Opposition to Motion, 17 Memorandum in Opposition to Motion (Heary, Robert) (Entered: 09/20/2007)

Sept. 20, 2007
20

ORDER REFERRING CASE to Mediation. First Mediation Session due by 11/30/2007. Mediation To End by 11/30/2007. In the event settlement is not reached, Oral Argument re 14 motion to compel set for 12/11/2007 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 9/27/07. (JHF) (Entered: 09/27/2007)

Sept. 27, 2007
21

LETTER ORDER granting extension of time. Stipulation of Selection of Mediator due by 10/19/2007. Signed by Hon. Jonathan W. Feldman on 10/15/2007. (RJO) (Entered: 10/15/2007)

Oct. 15, 2007
22

Stipulation−Selection of Mediator by American Industrial Sales Corp.(Heary, Robert) (Entered: 10/19/2007)

Oct. 19, 2007
23

LETTER ORDER granting the parties joint request to modify the 11/29/06 scheduling order to extend all unexpired deadlines for 3 months. Signed by Hon. Jonathan W. Feldman on 10/22/2007. (LMD) (Entered: 10/23/2007)

Oct. 22, 2007
24

ORDER Fact Discovery due by 3/31/2008, Plaintiff's shall identify expert witnesses by 1/31/2008, Defendants shall identify expert witnesses by 2/29/2008, All discovery relating to experts shall be completed by 3/31/2008, and Dispositive Motions due by 5/28/2008. Signed by Hon. Jonathan W. Feldman on 10/23/2007. (LMD) (Entered: 10/23/2007)

Oct. 23, 2007
26

LETTER ORDER granting request for a three week extension. Counsel to contact the Court upon completion of mediation. Oral Argument set for 1/22/2008 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 11/30/2007. (RJO) (Entered: 12/03/2007)

Nov. 30, 2007
27

LETTER ORDER granting mediation extension to 1/18/2008. Signed by Hon. Jonathan W. Feldman on 12/26/2007. (RJO) (Entered: 12/26/2007)

Dec. 26, 2007
28

LETTER ORDER granting mediation extension to 2/1/2008 and withdrawing without prejudice 14 MOTION to Compel. Signed by Hon. Jonathan W. Feldman on 1/18/08. (JHF) (Entered: 01/18/2008)

Jan. 18, 2008
29

LETTER ORDER granting mediation extension to 4/15/2008. Signed by Hon. Jonathan W. Feldman on 3/17/2008. (RJO) (Entered: 03/17/2008)

March 17, 2008
30

CONSENT DECREE AND ORDER. Exhibit D filed under seal. Signed by Hon. Michael A. Telesca on 5/12/08. (JHF) (Entered: 05/13/2008)

May 13, 2008
31

Sealed Document. (JHF) (Entered: 05/13/2008)

May 13, 2008

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 23, 2006

Closing Date: 2011

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

American Industrial Sales Corp. (Rochester, New York and Las Vegas, Nevada), 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: 375,000

Order Duration: 2008 - 2011

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits