Case: EEOC v. AMERICA WEST AIRLINES, INC.

2:05-cv-01206 | U.S. District Court for the District of Nevada

Filed Date: Sept. 30, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Los Angeles District Office of the EEOC brought this action in the U.S. District Court for the District of Nevada, against America West Airlines, Inc. The complaint, filed in September 2005, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected the charging party to a sexually hostile work environment and then retaliated against her for complaining about the hostile work environment. The case was referred to Early Neutral…

The Los Angeles District Office of the EEOC brought this action in the U.S. District Court for the District of Nevada, against America West Airlines, Inc. The complaint, filed in September 2005, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant subjected the charging party to a sexually hostile work environment and then retaliated against her for complaining about the hostile work environment. The case was referred to Early Neutral Evaluation by January 2006 and in March 2007, the parties entered into a consent decree.

The decree, valid for three years, required Defendant to pay a total of $100,000. $50,000 went to the charging party ($25,000 in back pay and $25,000 in compensatory damages) and $50,000 went to the class. Defendant was enjoined from discriminating or retaliating in violation of Title VII, required to submit semi-annual reports to the EEOC, provide Title VII training to its employees, post a notice of non-discrimination at its facility, and retain a EEO Consultant to oversee its handling of internal discrimination complaints. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Shankar Viswanathan (7/31/2007)

People


Judge(s)

McQuaid, Robert A. Jr. (Nevada)

Attorneys(s) for Plaintiff

Davidson, Jon Warren (California)

Gewirtzman, Doni (California)

Obstler, Peter (California)

Simmons, Luann L. (California)

Tubach, Michael F. (California)

Judge(s)

McQuaid, Robert A. Jr. (Nevada)

Attorneys(s) for Plaintiff

Davidson, Jon Warren (California)

Gewirtzman, Doni (California)

Obstler, Peter (California)

Simmons, Luann L. (California)

Tubach, Michael F. (California)

Documents in the Clearinghouse

Document

2:05-cv-01206

Docket [PACER]

EEOC v. America West Airlines, Inc.

May 14, 2007

May 14, 2007

Docket
1

2:05-cv-01206

Complaint []

EEOC v. America West Airlines, Inc.

Sept. 30, 2005

Sept. 30, 2005

Complaint
32

2:05-cv-01206

Amended Consent Decree; Order

EEOC v. America West Airlines, Inc.

May 14, 2007

May 14, 2007

Settlement Agreement

Resources

Docket

Last updated July 21, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Plf w/jury demand. (Entered: 10/05/2005)

Sept. 30, 2005

Sept. 30, 2005

SUMMONS ISSUED (1) as to Dft. (Entered: 10/05/2005)

Sept. 30, 2005

Sept. 30, 2005

2

ANSWER to 1 Complaint by Defendant America West Airlines, Inc.. Certificate of Interested Parties due by 1/16/2006. Discovery Plan due by 2/20/2006.(Krineck, Wendy) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

3

CERTIFICATE of Interested Parties Local Rule 10-6 by Defendant America West Airlines, Inc.. (Krineck, Wendy) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

4

ORDER. Early Neutral Evaluation Session set for 2/28/2006 01:30 PM, Room 3071, Lloyd D. George United States Courthouse, before Magistrate Judge Peggy A. Leen Signed by Judge Peggy A. Leen on 1/13/06. (MMM, ) (Entered: 01/18/2006)

Jan. 13, 2006

Jan. 13, 2006

5

STIPULATION Discovery Plan and Scheduling Order (request to extend discovery period) by Defendant America West Airlines, Inc.. (Krincek, Wendy) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

6

ORDER OF RECUSAL. Judge Robert J. Johnston recused. Signed by Judge Robert J. Johnston on 02/17/2006. (MXS) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

7

ORDER: Case is hereby assigned to Magistrate Judge George W Foley, Jr for all further proceedings. The Clerk's Office is ordered to change the case number to 2:05-cv-1206-JCM-GWF Signed by Judge Philip M. Pro on 2/22/06. (Jensen, Cynthia) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

8

ORDER re 5 Stipulation filed by America West Airlines, Inc.,. Discovery due by 10/3/2006. Motions due by 11/2/2006. Proposed Joint Pretrial Order due by 12/4/2006. Status Report due by 8/4/2006. Signed by Judge George W Foley Jr. on 2/27/06. (MAJ) (Entered: 03/01/2006)

Feb. 27, 2006

Feb. 27, 2006

9

MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 3/3/2006 before Judge Peggy A. Leen.Pla Counsel: Gregory Knight ; Def Counsel: Wendy Krincek ;. (AXM, ) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

11

MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 5/12/2006. Telephonic status conference conducted 5/12/2006. ORDERED Counsel for defendant shall take deposition of Ms. Laura Barr. Second ENE session set for 6/27/2006 @1:30pm. (RFJ) (Entered: 05/17/2006)

May 12, 2006

May 12, 2006

12

AMENDED ENE NOTICE: Early Neutral Evaluation set for 7/21/2006 01:30 PM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

13

STIPULATION AND ORDER EXTENDING DISCOVERY by Defendant America West Airlines, Inc.. (Grandgenett, Roger) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

14

ORDER ON STIPULATION re 13 Stipulation., SCHEDULING ORDER. Discovery due by 1/2/2007. Motions due by 2/1/2007. Proposed Joint Pretrial Order due by 3/5/2007. Signed by Judge George W Foley Jr. on 7/6/06. (AXM) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

15

STIPULATION to Continue ENE Conference Date by Plaintiff U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

16

ORDER ON STIPULATION re 15 Stipulation to continue ENE. Signed by Judge Peggy Leen on 7/18/06. (AXM) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

17

MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 9/21/2006 before Judge Peggy A. Leen.Pla Counsel: Peter F. Laura ; Def Counsel: Roger Grandgenett ;. Status Conference set for 10/5/2006 08:45 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 09/26/2006)

Sept. 21, 2006

Sept. 21, 2006

18

MINUTES OF PROCEEDINGS - Early Neutral Evaluation Conference held on 10/6/2006 before Judge Peggy A. Leen.Pla Counsel: Peter Laura ; Def Counsel: Roger Grandgenett ;. Status Conference set for 10/19/2006 08:45 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

19

NOTICE of Hearing: Status Conference set for 11/3/2006 08:45 AM before Magistrate Judge Peggy A. Leen. 10/19/06 ENE Status Conference is vacated.(AXM) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

20

STATUS REPORT Interim by Plaintiff U.S. Equal Employment Opportunity Commission. (Laura, Peter) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

21

MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 11/6/2006. Telephonic Status Conference set for 11/17/2006 08:45 AM before Magistrate Judge Peggy A. Leen. Parties shall contact chambers on 11/16/06 by 4:00pm to provide the numbers at which they can be reached for the telephonic conference. (AAB) (Entered: 11/07/2006)

Nov. 6, 2006

Nov. 6, 2006

22

NOTICE of Hearing: Rescheduled from 11/17/06. Status Conference set for 12/1/2006 09:15 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

23

MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 12/1/2006. Status Conference set for 12/14/2006 09:15 AM before Magistrate Judge Peggy A. Leen. (AXM) (Entered: 12/05/2006)

Dec. 1, 2006

Dec. 1, 2006

24

MINUTE ORDER IN CHAMBERS of the Honorable Peggy A. Leen, U.S. Magistrate Judge on 12/14/2006. Status regarding Early Neutral Evaluation: Case should be returned to the normal litigation track. (LMC) (Entered: 12/15/2006)

Dec. 14, 2006

Dec. 14, 2006

25

STIPULATION Stipulation And order Extending Discovery [Second Request] by Defendant America West Airlines, Inc.. (Grandgenett, Roger) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

26

ORDER ON STIPULATION re 25 Stipulation Extending Discovery. Discovery due by 4/2/2007. Motions due by 5/2/2007. Proposed Joint Pretrial Order due by 6/1/2007. Signed by Judge George W Foley Jr. on 1/3/07. (MJZ) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

27

STATUS REPORT JOINT INTERIM STATUS REPORT by Defendant America West Airlines, Inc.. (Krincek, Wendy) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

28

STIPULATED/CONSENT JUDGMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

29

STIPULATED/CONSENT JUDGMENT [Proposed] Consent Decree; Order by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

30

CONSENT JUDGMENT. Signed by Judge James C. Mahan on 3/20/07. (AAB) (Entered: 03/22/2007)

March 20, 2007

March 20, 2007

31

STIPULATED/CONSENT JUDGMENT re 29 Stipulated/Consent Judgment; AMENDED CONSENT DECREE; ORDER by Defendant America West Airlines, Inc.. (Krincek, Wendy) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

32

CONSENT JUDGMENT. Signed by Judge James C. Mahan on 5/9/07. (AXM) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

Case Details

State / Territory: Nevada

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2010

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

America West Airlines, Inc. (Las Vegas, Nevada), Private Entity/Person

America West Airlines, Inc., 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: 100000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits