Case: EEOC v. NCL AMERICA

1:06-cv-00451 | U.S. District Court for the District of Hawaii

Filed Date: Aug. 22, 2006

Closed Date: June 3, 2010

Clearinghouse coding complete

Case Summary

The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, add…

The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, adding claims for discrimination and emotional distress under Hawaii state law, as well as 42 U.S.C. ß 1981. In January 2007, the defendants filed motions to dismiss the EEOC and the plaintiff-intervenors' complaints, but these motions were denied in August 2007. In August 2007, the intervenors filed a motion to consolidate this case with a private lawsuit one of them had filed against the defendant (1:07-cv-00372-SOM-BMK). This motion was granted in September 2007, and the EEOC case became the lead case.

In November 2007, the EEOC filed a motion for partial summary judgment against the defendants, which was eventually denied in February 2008. That same November, the defendants filed a flurry of summary judgment motions, four in total. These were responded too with one counter-motion for summary judgment by one of the intervenors in January 2008, two counter-motions for partial summary judgment by the EEOC in January 2008, and a counter-motion for summary judgment by the EEOC in January 2008. In February 2008 the court ruled on all the pending motions for summary judgment, denying all of them except for granting summary judgment to one of the defendants, NCL Corporation Ltd., and granting in part and denying in part the motions filed by another defendant, NCL America, Inc. That same February, the parties agreed by stipulation to dismiss the claims against another defendant, Norwegian Cruise Line Ltd. The final defendant, NCL (Bahamas) Ltd., filed a motion for summary judgment in February 2008.

In March 2008, it was announced that the remaining parties in the lawsuit had settled and that a consent decree between the plaintiffs and the remaining defendants would be forthcoming. At the same time, NCL (Bahamas) Ltd.'s motion for summary judgment was terminated, having been mooted by the settlement proceedings.

On May 15, 2008, the parties submitted a proposed consent decree and order, which the court approved on June 3, 2008 The agreement required NCL to pay $485,000, attorneys’ fees, and costs. NCL was also required to provide the plaintiffs with neutral job references, and to purge the plaintiffs’ personnel records of all information that reflected negatively on their job performance. The order prohibited defendants from discriminating on the basis of race or national origin, and from retaliation against anyone involved in a claim against them. NCL was required to hire an outside EEOC consultant to assist in reviewing and revising its policies and procedures, providing a revised policy on discrimination and retaliation to the EEOC within 60 days. The decree also mandated training for employees, record keeping, and regular reporting to the EEOC.

The decree remained in effect for two years, and the matter is now presumed closed.

Summary Authors

Kevin Wilemon (8/7/2008)

Alexandra Gilewicz (3/24/2018)

Related Cases

Almlhany v. NCL America, Inc. et al, District of Hawaii (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4704224/parties/us-equal-employment-opportunity-commission-v-ncl-america-inc/


Judge(s)

Kurren, Barry M. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorneys(s) for Plaintiff

Barbee, Daphne E. (Hawaii)

Geisness, Thomas M. (Washington)

Laura, Peter F. (California)

Liem, Connie (California)

Morrison, Angela D. (Nevada)

Park, Anna Y. (California)

Tungol, Wilfredo (Hawaii)

Viramontes, Victor (California)

Judge(s)

Kurren, Barry M. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorneys(s) for Plaintiff

Barbee, Daphne E. (Hawaii)

Geisness, Thomas M. (Washington)

Laura, Peter F. (California)

Liem, Connie (California)

Morrison, Angela D. (Nevada)

Park, Anna Y. (California)

Tungol, Wilfredo (Hawaii)

Viramontes, Victor (California)

Attorneys(s) for Defendant

Leong, Darin Robinson (Hawaii)

Marr, Barry W. (Hawaii)

Mueller, Daniel G. (District of Columbia)

Nakashima, Steven M. (Hawaii)

Rand, Richard M. (Hawaii)

Yeh, Christopher S. (Hawaii)

Documents in the Clearinghouse

Document

1:06-cv-00451

Docket [PACER]

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

June 4, 2008

June 4, 2008

Docket
1

1:06-cv-00451

Complaint

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

Aug. 22, 2006

Aug. 22, 2006

Complaint
24

1:06-cv-00451

Complaint of Plaintiff-Intervenors

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

Nov. 22, 2006

Nov. 22, 2006

Complaint
74

1:06-cv-00451

Order Denying Plaintiff EEOC's Motion for Protective Order Under Rule 26(c) Date March 9, 2007 [Docket 53]

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

April 19, 2007

April 19, 2007

Order/Opinion

1:06-cv-00451

Order (1) Granting in Part and Denying in Part EEOC's Application for Renewed Protective Order, and (2) Denying Without Prejudice NCL's Motion for Rule 37 Sanctions

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

May 30, 2007

May 30, 2007

Order/Opinion
124

1:07-00372

Motion to Consolidate

Almlhany v. NCL America, Inc.

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
138

1:06-cv-00451

Order Denying Defendants' Motion to Partially Dismiss Plaintiffs-Intervenors' Complaint

EEOC v. NCL America Inc.

504 F.Supp.2d 1008

Aug. 31, 2007

Aug. 31, 2007

Order/Opinion
149

1:06-cv-00451

1:07-00372

Order Granting Motion to Consolidate

EEOC v. NCL America Inc.

Sept. 17, 2007

Sept. 17, 2007

Order/Opinion
159

1:06-cv-00451

Order (1) Denying Plaintiff EEOC's Motion to Compel Production of Documents and for Discovery Sanctions Against NCL America Inc. Under FRCP 37 [Docket 119] and Plaintiff EEOC's Motion to Compel Production of Documents and [...]

EEOC v. NCL America, Inc.

Oct. 3, 2007

Oct. 3, 2007

Order/Opinion
200

1:06-cv-00451

Order (1) Granting in Part and Denying in Part Defendant NCL America Inc.'s Motion to Compel and for Reasonable Expenses [Docket 158]; and (2) Granting in Part and Denying in Part Plaintiff U.S. Equal Employment Opportunity Commission's Motion [...]

EEOC v. NCL America Inc.

Dec. 5, 2007

Dec. 5, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4704224/us-equal-employment-opportunity-commission-v-ncl-america-inc/

Last updated Aug. 16, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
287

ORDER DENYING NORWEGIAN CRUISE LINE LTD.'S MOTION FOR SUMMARY JUDGMENT, DENYING NORWEGIAN CRUISE LINE LTD.'S MOTION FOR RULE 11 SANCTIONS, GRANTING NCL CORPORATION LTD.'S MOTION FOR SUMMARY JUDGMENT, DENYING BOTH OF EEOC'S COUNTER MOTIONS FOR SUMMARY JUDGMENT AGAINST NORWEGIAN CRUISE LINE LTD. AND NCL CORPORATION LTD., AND DENYING BOTH OF PLAINTIFF-INTERVENORS' COUNTER MOTIONS FOR SUMMARY JUDGMENT AGAINST NORWEGIAN CRUISE LINE LTD. AND NCL CORPORATION LTD. 178 , 181 , 183 , 217 , 218 , 219 - Signed by JUDGE SUSAN OKI MOLLWAY on January 31, 2008. [This order leaves for future adjudication all claims against NCL America, as well as newly alleged claims against NCL Bahamas.] Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

Feb. 1, 2008

Feb. 1, 2008

RECAP
312

ORDER GRANTING IN PART AND DENYING IN PART NCL AMERICA, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS BY OR ON BEHALF OF PLAINTIFF-INTERVENOR SAMED KASSEM; ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT NCL AMERICA, INC.'S MOTIO N FOR SUMMARY JUDGMENT AS TO ALL CLAIMS BY THE EEOC AND BY INTERVENORS; ORDER DENYING EEOC'S COUNTER MOTION FOR SUMMARY JUDGMENT; ORDER DENYING BOTH OF DEFENDANT NCL AMERICA, INC.'S MOTIONS FOR RULE 11 SANCTIONS re 177 , 179 , 185 , [187 ], 192 , 262 , 263 , 270 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/19/08. [The court grants Defendants' Constructive Discharge Motion with regard to the NIED claim, but denies the motion with respect to all remaining claims. With respect to Defendants' Actual Discharge Motion, the court grants Defendants' motion with regard to the NIED claims and repatriation damage claims, and limits Alziam's damages because of after-acquired evidence. In all other respects, the Actual Discharge Motion is denied. The court denies the EEOC's counter motion for summary judgment and both of Defendants' motions for Rule 11 sanctions. All joinders are terminated consistent with this order, and the EEOC's reques t to strike, Doc. No. 263, is itself stricken. This order leaves for future adjudication all Title VII and § 1981 claims, as well as Haw. Rev. Stat. § 378-2 claims and IIED claims.]Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

Feb. 20, 2008

Feb. 20, 2008

RECAP
317

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF EEOC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT NCL AMERICA, INC. 180 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/25/08. Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

Feb. 26, 2008

Feb. 26, 2008

RECAP
323

ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER GRANTING EEOC'S MOTION FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT 321 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/6/08. [Motion terminated: 321 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by NCL (Bahamas) Ltd., NCL America, Inc. re 310 Order filed by NCL America, Inc., NCL (Bahamas) Ltd.] (emt, )

March 6, 2008

March 6, 2008

RECAP

Case Details

State / Territory: Hawaii

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2006

Closing Date: June 3, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NCL (Bahamas) Ltd. (Maui, HI), Private Entity/Person

NCL (Bahamas) Ltd. (Maui, HI), Private Entity/Person

Norwegian Cruise Line, Ltd. (Maui, HI), Private Entity/Person

Norwegian Corporation Ltd. (Maui, HI), Private Entity/Person

Norwegian Cruise Line, Ltd. (Maui, HI), Private Entity/Person

NCL America, Inc. (Maui, HI), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

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: 485,000

Order Duration: 2008 - 2010

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

National origin discrimination

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Other