Case: EEOC v. Burlington Medical Supplies

4:06-cv-00122 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 21, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 21, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Burlington Medical Supplies, Inc. in the U.S. District Court for the Eastern District of Virginia under Title VII. While the Clearinghouse does not have a copy of the complaint, a published opinion revealed that the EEOC claimed that a pattern or practice of sexual harassment existed at Burlington, creating a hostile work environment that constituted sex discrimination. Specifically, it claimed t…

On September 21, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Burlington Medical Supplies, Inc. in the U.S. District Court for the Eastern District of Virginia under Title VII. While the Clearinghouse does not have a copy of the complaint, a published opinion revealed that the EEOC claimed that a pattern or practice of sexual harassment existed at Burlington, creating a hostile work environment that constituted sex discrimination. Specifically, it claimed that one of Burlington’s owners and its sales manager made sexual comments to several female employees. The EEOC sought damages for the victims and injunctive relief to prevent further discrimination.

Burlington moved for summary judgment, arguing that sexual harassment is “unsuited for class or pattern or practice treatment” because it is subjective. On November 1, 2007, Judge Walter D. Kelley Jr. denied the defendant's motion. Judge Kelley held that the EEOC could establish sex discrimination by proving that the harassment at Burlington was “unwelcome from the standpoint of a reasonable woman” and so pervasive that it would “alter the terns or conditions of a reasonable person’s employment.” 536 F. Supp. 2d 647.

The parties attended a settlement conference in early April 2008, resulting in a consent decree that Judge Kelley signed on April 29. Under the decree, Burlington would pay $70,000 and provide additional training for employees. The consent decree was set to last two years. On May 23, 2008, the court ordered the case dismissed with prejudice; however, the court maintained jurisdiction to enforce the decree.

Those two years passed without any additional filings in court. The case is now closed.

Summary Authors

Shankar Viswanathan (6/3/2008)

Sean Whetstone (5/21/2018)

People


Judge(s)

Bradberry, James E. (Virginia)

Friedman, Jerome B. (Virginia)

Kelley, Walter DeKalb Jr. (Virginia)

Attorneys(s) for Plaintiff

Caldwell, Stacey Turner (Virginia)

Garber, Amy E. (Virginia)

Nyfeler, Suzanne Lenahan (Virginia)

Spicer, Tracy Hudson (District of Columbia)

Attorneys(s) for Defendant

Burton, David Christopher (Virginia)

Rafal, Sara Berg (Virginia)

Saunders, Melissa (Virginia)

Judge(s)

Bradberry, James E. (Virginia)

Friedman, Jerome B. (Virginia)

Kelley, Walter DeKalb Jr. (Virginia)

Attorneys(s) for Plaintiff

Caldwell, Stacey Turner (Virginia)

Garber, Amy E. (Virginia)

Nyfeler, Suzanne Lenahan (Virginia)

Spicer, Tracy Hudson (District of Columbia)

Attorneys(s) for Defendant

Burton, David Christopher (Virginia)

Rafal, Sara Berg (Virginia)

Saunders, Melissa (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Burlington Medical Supplies, Inc.

June 25, 2016 Docket
19

Opinion

536 F.Supp.2d 647

March 3, 2008 Order/Opinion

Resources

Title Description External URL

Sexual Harassment in the Workplace: Law & Practice

Alba Conte

May 13, 2019 None

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/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

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

ECF Number Description Date Link
1

COMPLAINT against Burlington Medical Supplies, Inc. , filed by Equal Employment Opportunity Commission.(kspi) (Entered: 09/22/2006)

Sept. 21, 2006
2

ANSWER to Complaint by Burlington Medical Supplies, Inc..(ecav, ) (Entered: 10/10/2006)

Oct. 4, 2006
3

Financial Interest Disclosure Statement (Local Rule 7.1) by Burlington Medical Supplies, Inc. (ecav, ) (Entered: 10/10/2006)

Oct. 4, 2006

Referred for 16(b). (ecav, ) (Entered: 10/10/2006)

Oct. 10, 2006
4

Rule 26(f) Scheduling Order: Initial Pretrial Conference set for 11/27/2006 at 03:00 PM before District Judge Walter D. Kelley Jr. Signed by Judge James E. Bradberry on 11/6/06 and filed 11/6/06. Copies mailed 11/7/06. (ecav, ) (Entered: 11/07/2006)

Nov. 6, 2006
5

ORDER, AGREED, substituting Amy E. Garber for Stacey T. Caldwell, as local counsel for Plaintiff, and Stacey T. Caldwell's appearance is hereby withdrawn. Signed by Judge Walter D. Kelley Jr. on 11/17/06 and filed 11/20/06. (ecav, ) (Entered: 11/20/2006)

Nov. 20, 2006
6

Rule 16(b) Scheduling Order − Pursuant to the Rule 16(b) Conference it is ordered that: Final Pretrial Conference set for 5/4/2007 at 11:00 AM before Magistrate Judge James E. Bradberry. Jury Trial set for 5/22/2007 at 10:00 AM before District Judge Walter D. Kelley Jr. Signed by Judge James E. Bradberry on 11/28/06 and filed 11/28/06. Copies mailed 11/29/06. (ecav, ) (Entered: 11/29/2006)

Nov. 28, 2006
7

MOTION for Summary Judgment by Burlington Medical Supplies, Inc. (ecav, ) (Entered: 03/15/2007)

March 13, 2007
8

Memorandum in Support of 7 MOTION for Summary Judgment, by Burlington Medical Supplies, Inc., received. (ecav, ) (Entered: 03/15/2007)

March 13, 2007
9

PLAINTIFF'S MOTION to File a Responsive Memorandum in Excess of 30 Pages, by Equal Employment Opportunity Commission. (ecav, ) (Entered: 03/27/2007)

March 26, 2007
11

PLAINTIFF's Memorandum in Opposition to Defendant's 7 MOTION for Summary Judgment, by Equal Employment Opportunity Commission, received, with attached (originals) Declaration of Tracy Desimone, Deborah Ritchie (2 Declarations), Barbara Robinson (ecav, ) (Entered: 03/27/2007)

March 26, 2007

Set Hearings: Motion for Summary Judgment Hearing set for 4/16/2007 at 02:00 PM before District Judge Walter D. Kelley Jr. (ecav, ) (Entered: 03/30/2007)

March 30, 2007
12

NOTICE of Hearing, by Burlington Medical Supplies, Inc. (ecav, ) (Entered: 04/02/2007)

March 30, 2007
13

REPLY Memorandum of Law in Support of Defendant's 7 MOTION for Summary Judgment, by Burlington Medical Supplies, Inc., received. (ecav, ) (Entered: 04/04/2007)

April 3, 2007

MOTION REFERRED: 7 MOTION for Summary Judgment REFERRED to Judge Walter D. Kelley, Jr. (ecav, ) (Entered: 04/04/2007)

April 4, 2007
14

MOTION FOR SUMMARY JUDGMENT proceedings held before Judge Walter D. Kelley Jr. on April 16, 2007. Motion for Summary Judgment (Docket Number 7) argued. Appearances: Amy Garber and Tracy Spicer on behalf of EEOC and David Burton and Sara Berg Rafal on behalf of Burlington Medical. Argument presented by Sara Rafal and Amy Garber. David Burton moves court to stay deadlines and EEOC agrees to stay. Court takes motion for summary judgment and motion to stay under advisement. Court adjourned. (Court Reporter Penny C. Wile, OCR) (ceic) (Entered: 04/16/2007)

April 16, 2007
15

MOTIONs in Limine by Burlington Medical Supplies, Inc. (ecav, ) (Entered: 04/17/2007)

April 16, 2007
16

Memorandum in Support of 15 MOTIONS in Limine, by Burlington Medical Supplies, Inc., received. (ecav, ) (Entered: 04/17/2007)

April 16, 2007
17

ORDER on the parties having requested that all future dates scheduled in this case be stayed. Accordingly, all remaining deadlines and dates are VACATED. A supplemental scheduling conference will be held to reschedule dates previously set in this matter. Signed by Judge Walter D. Kelley Jr. on 4/17/07 and filed 4/18/07. Copies mailed 4/18/07. (ecav, ) (Entered: 04/18/2007)

April 18, 2007
18

ORDER denying 7 Motion for Summary Judgment; the court will issue an opinion that explains the reasons for its rulings. Signed by Judge Walter D. Kelley Jr. and filed on 11/1/07. Copies mailed: 11/2/07 (jcow, ) (Entered: 11/02/2007)

Nov. 1, 2007

Set Hearings: Settlement Conference set for 3/12/2008 02:00 PM in N Courtroom 3 before District Judge Walter D. Kelley Jr. (mmci) (Entered: 02/13/2008)

Feb. 13, 2008
19

OPINION re 18 Order DENYING Motion for Summary Judgment. Signed by Judge Walter D. Kelley, Jr on 3/3/08 and filed on 3/5/08. Copies mailed 3/5/08.(lwoo) (Entered: 03/05/2008)

March 5, 2008
20

MOTION to Substitute Attorney by Equal Employment Opportunity Commission. (lwoo) (Entered: 03/10/2008)

March 7, 2008
21

CONSENT ORDER granting 20 Motion to Substitute Attorney. Added attorney Suzanne Lenahan Nyfeler for Equal Employment Opportunity Commission. Attorney Amy Elizabeth Garber terminated. Signed by Judge Walter D. Kelley, Jr and filed on 3/10/08. (lwoo) (Entered: 03/10/2008)

March 10, 2008

Set Hearings: Settlement Conference set for 4/3/2008 at 02:00 PM. (lwoo) (Entered: 03/17/2008)

March 17, 2008
22

MOTION for Reconsideration re 19 Opinion Order by Equal Employment Opportunity Commission. (lwoo) (Entered: 03/18/2008)

March 17, 2008
23

Memorandum in Support re 22 MOTION for Reconsideration re 19 opinion Order filed by Equal Employment Opportunity Commission, received. (lwoo) (Entered: 03/18/2008)

March 17, 2008
25

Memorandum in Support re 24 MOTION to Amend 19 Order filed by Burlington Medical Supplies, Inc. received. (lwoo) (Entered: 03/19/2008)

March 19, 2008
26

CORRECTION ORDER re 19 Order: Page 19, line 18 previously read "harassment in this manner will entitle the EEOC to appropriate." It should read "harassment in this manner may entitle the EEOC to appropriate." Page 23, line 13 previously read "satisfies this requirement is Ms. Trudil." It should read "satisfies this requirement is Ms. Trudil, Ms. Gant and Ms. Robinson." Signed by Judge Walter D. Kelley, Jr on 3/18/08 and filed on 3/19/08. Copies mailed 3/19/08. (lwoo) (Entered: 03/19/2008)

March 19, 2008
27

Memorandum in Opposition to 22 MOTION for Reconsideration re 19 Order filed by Burlington Medical Supplies, Inc.; received (kver). (Entered: 03/25/2008)

March 25, 2008
28

Memorandum in Opposition re 24 MOTION to Amend/Correct 19 Order filed by Equal Employment Opportunity Commission, received. (lwoo) (Entered: 04/01/2008)

March 31, 2008

Minute Entry for proceedings held before District Judge Walter D. Kelley, Jr: Settlement Conference held on 4/3/2008. (kgri) (Entered: 04/07/2008)

April 3, 2008

MOTIONS REFERRED to Judge Walter D. Kelley, Jr.. 22 MOTION for Reconsideration re 19 Order, 24 MOTION to Amend/Correct 19 Order (lwoo) (Entered: 04/10/2008)

April 10, 2008
29

CONSENT DECREE,(see Order for specifics). The term of this decree shall be for two years from its entry by the Court. Each party shall bear its own costs and attorney's fees. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with the Decree and entry of such further orders as may be necessary or appropriate. Signed by District Judge Walter D. Kelley, Jr and filed on 4/29/08. Copies mailed to counsel 4/29/08.(lwoo) (Entered: 04/29/2008)

April 29, 2008

Case reassigned to District Judge Rebecca Beach Smith. District Judge Walter D. Kelley, Jr no longer assigned to the case. (lwoo) (Entered: 05/21/2008)

May 21, 2008

Case reassigned to District Judge Jerome B. Friedman. District Judge Rebecca Beach Smith no longer assigned to the case. (lwoo) (Entered: 05/22/2008)

May 22, 2008
30

ORDER DISMISSING CASE with prejudice. Jurisdiction is retained for the purpose of enforcing the consent decree in this action. Signed by District Judge Jerome B. Friedman on 5/22/08 and filed on 5/23/08. Copies mailed 5/23/08.(lwoo) (Entered: 05/23/2008)

May 23, 2008

Case file sent to the Federal Records Center (tlev, ) (Entered: 04/01/2014)

Dec. 18, 2013

Case file requested from the Federal Records Center. (tlev, ) (Entered: 05/11/2015)

May 11, 2015

Case file received from the Federal Records Center. (tlev, ) (Entered: 05/14/2015)

May 14, 2015

Case file returned to the Federal Records Center. (tlev, ) (Entered: 06/29/2015)

June 25, 2015

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 21, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of employees.

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

Burlington Medical Supplies, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Availably Documents:

Trial Court Docket

Monetary Relief

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

Amount Defendant Pays: 70,000

Order Duration: 2008 - 2010

Content of Injunction:

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits