Case: EEOC v. NOVEON, INC

1:06-cv-11734 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 27, 2006

Closed Date: Dec. 18, 2008

Clearinghouse coding complete

Case Summary

In September 2006, the New York District Office of the EEOC brought this suit against the Lubrizol Corporation and Noveon, Inc. in the U.S. District Court for the District of Massachusetts alleging that the defendants discriminated and retaliated against the two charging parties in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected one of the charging parties to a hostile work environment based on his race, Asian, and national origin, Chinese/Vietname…

In September 2006, the New York District Office of the EEOC brought this suit against the Lubrizol Corporation and Noveon, Inc. in the U.S. District Court for the District of Massachusetts alleging that the defendants discriminated and retaliated against the two charging parties in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected one of the charging parties to a hostile work environment based on his race, Asian, and national origin, Chinese/Vietnamese, and retaliated against him by changing his job assignments and further harassing him, resulting in his constructive discharge. In addition, the defendants retaliated against the second charging party for his opposition to the harassment by terminating him. With little other action in the case, the parties settled in December 2006 through a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendants to: post a notice of the decree, adopt and distribute an anti-harassment and EEO policy, provide Title VII training for all their employees, report to the EEOC at specified intervals, and pay $414,000. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (8/13/2007)

People


Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Penzel, Markus Landon (Massachusetts)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Penzel, Markus Landon (Massachusetts)

Reams, Gwendolyn Young (District of Columbia)

Documents in the Clearinghouse

Document

1:06-cv-11734

Docket (PACER)

Equal Employment Opportunity Commision v. The Lubrizol Corporation et al

Dec. 18, 2006

Dec. 18, 2006

Docket
1-1

1:06-cv-11734

Complaint and Jury Trial Demand

Equal Employment Opportunity Commission v. The Lubrizol Corporation and Noveon, Inc.

Sept. 27, 2006

Sept. 27, 2006

Complaint
5-1

1:06-cv-11734

Consent Decree

Equal Employment Opportunity Commission v. The Lubrizol Corporation and Noveon, Inc.

Dec. 18, 2006

Dec. 18, 2006

Settlement Agreement

Resources

Docket

Last updated July 24, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link

If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Alexander. (Johnson, Jay) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

2

WAIVER OF SERVICE Returned Executed The Lubrizol Corporation waiver sent on 9/27/2006, answer due 11/27/2006. (Penzel, Markus) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

3

WAIVER OF SERVICE Returned Executed Noveon, Inc. waiver sent on 9/27/2006, answer due 11/27/2006. (Penzel, Markus) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

4

STIPULATION by Equal Employment Opportunity Commision, The Lubrizol Corporation, Noveon, Inc.. (Van Oot, Martha) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

5

Assented to MOTION to Approve Consent Judgment by Equal Employment Opportunity Commision. (Attachments: # 1 Text of Proposed Order Consent Decree)(Penzel, Markus) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

Judge Rya W. Zobel : endorsedORDER entered granting 5 Motion to Approve Consent Judgment (Urso, Lisa) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

6

Judge Rya W. Zobel : Consent Decree entered. (Urso, Lisa) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

Case Details

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: Dec. 18, 2008

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

Noveon, Inc. (Wilmington, MA), Private Entity/Person

The Lubrizol Corporation (Wilmington, MA), 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: 414000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Asian/Pacific Islander

EEOC-centric:

Direct Suit on Merits