Case: EEOC v. DIELECTRIC LABORATORIES, INC.

5:02-cv-01242 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 27, 2002

Closed Date: Nov. 17, 2004

Clearinghouse coding complete

Case Summary

The New York office of the EEOC brought this suit against Dielectric Laboratories, Inc., an upstate New York computer parts manufacture, in September 2002, in the U.S. District Court for the Northern District of New York. Complainants allege that the defendant subjected them to a hostile work environment based on their national origin. One complainant intervened in the case several months after the initial complaint was filed by the EEOC. The parties entered into mediation and came to a sett…

The New York office of the EEOC brought this suit against Dielectric Laboratories, Inc., an upstate New York computer parts manufacture, in September 2002, in the U.S. District Court for the Northern District of New York. Complainants allege that the defendant subjected them to a hostile work environment based on their national origin. One complainant intervened in the case several months after the initial complaint was filed by the EEOC. The parties entered into mediation and came to a settlement prior to trial. The court issued a consent decree order in November 2004 dismissing all the pending issues in the case.

The consent decree contains an anti-discrimination provision, an equal opportunity provisions (which stipulates that DLI will actively recruit Native Americans), an anti-retaliation provision that applies to all of the complainants, a required two intensive two hour training sessions addressing equal opportunity rights and responsibilities for management and supervisory positions, a required two one-hour training sessions for non-management, non-supervisory employees of DLI, and a requirement that DLI implement and publish to all employees a policy and procedure for addressing national origin harassment and retaliation. For the duration of the consent decree (approximately two years) DLI is required to provide a bi-annual written report to the EEOC of any complaints of retaliation and/or harassment. In addition, DLI is required to pay the complainants $200,000 in total.

Summary Authors

Lionel Joiner (5/30/2007)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Dielectric Laboratories, Inc.

Dec. 6, 2004 Docket
17

Consent Decree

EEOC v. Dielectric Laboratories, Inc.

Nov. 17, 2004 Settlement Agreement

Office of General Counsel FY 2005 Annual Report

EEOC v. Dielectric Labs., Inc.

No Court

April 13, 2006 Press Release

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed; Service deadline 11/26/02 for Dielectric Lab (jt) (Entered: 09/30/2002)

Sept. 27, 2002

General Order 25 Filing Order Issued; Conference set before Magistrate Judge Gustave J. DiBianco in Syracuse, Status Conference at 11:00 2/19/03 , Deadline for filing Case Management Plan, 2/9/03 , ADR Track Case. (jt) (Entered: 09/30/2002)

Sept. 30, 2002
2

ANSWER to Complaint by Dielectric Lab (Attorney Larry P. Malfitano), Attached Certificate of service dated 12/12/02 (kcl) (Entered: 12/13/2002)

Dec. 13, 2002
3

Proposed Joint Civil Case Management Plan Submitted. (kcl) (Entered: 02/10/2003)

Feb. 10, 2003
4

Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: Nora E. Curtin, Esq. for Plaintiff; Larry P. Malifitano, Esq. for Deft. ALSO PARTICIPATING: Arthur Wentlandt, Esq. for Virginia Grady Robbins (Party Requesting to Intervene) RULINGS: 1. Atty. Wentlandt will submit letter brief in two weeks or less. Atty. Maliftano will respond in two weeks (issue of statutory intervention). 2. Rule 16 conference is cancelled. Uniform Pretrial Scheduling Order will be issued after decision on intervention. (kmg) (Entered: 02/12/2003)

Feb. 11, 2003
5

COMPLAINT filed by Intervenor Plaintiff Virgina Grandy-Robbins; Leave to File granted by MJ DiBianco on 3/3/03 (kcl) (Entered: 03/03/2003)

March 3, 2003

SUMMONS(ES) issued for Dielectric Lab (kcl) (Entered: 03/03/2003)

March 3, 2003
6

civil cover sheet for Intervenor plaintff Virginia Grandy-Robbins; Clerk directed to docket by MJ DiBianco (kcl) (Entered: 03/03/2003)

March 3, 2003
7

SUMMONS Returned Executed; A Copy of the summons and intervenor complaint was served personally upon the secretary of Larry Malfitano, Esq. for deft. Dielectric Lab on 3/14/03; Answer due on 4/3/03 for Dielectric Lab (kcl) (Entered: 03/17/2003)

March 17, 2003
8

CERTIFICATE OF SERVICE dated 3/13/03 by intervenor pltfs. Virginia Grandy-Robbins re: service of the Intervenor complaint upon the EEOC via regular mail (kcl) Modified on 03/17/2003 (Entered: 03/17/2003)

March 17, 2003
9

Change of Address received. Effective date: 3/17/03 from/for plaintiff Equal Employment Com New Address: 33 Whitehall St., 5th floor New York, NY 10004; submitted by Nora Curtin, Esq. for pltf. EEOC (kcl) (Entered: 03/17/2003)

March 17, 2003
10

ANSWER to intervenor Complaint by Dielectric Lab (Attorney Larry Malfitano, Esq. ) Attached Certificate of Service dated 4/2/03 (kcl) (Entered: 04/02/2003)

April 2, 2003

Deadline updated; reset Filing Order Deadlines: Conference set before Magistrate Judge Gustave J. DiBianco in VIA TELEPHONE, Status Conference at 11:00 7/1/03 , Deadline for filing Case Management Plan, 6/20/03 (kmg) (Entered: 06/11/2003)

June 11, 2003

Tele-conference held (kcl) (Entered: 07/07/2003)

July 1, 2003
11

Minute entry of telephone conference before MJ DiBianco; App: Nora Curtin, Esq. for pltf., Larry Malfitano, Esq. for deft., Clerk K. Gridley, Also participating Arthur Wentlendt, Esq. for Virginia Grady Robbins (party requestsing to intervene); Initial Status conference held; Scheduling order issued; (kcl) (Entered: 07/07/2003)

July 1, 2003
12

Uniform Pretrial Order; Length of Trial: 5 days; Trial Location: Syracuse; Amending of Pleadings Deadline 7/30/03 Discovery Deadline 2/28/04 ; Motion Filing Deadline 6/30/04 ; Trial ready deadline 8/29/04 Mediation Deadline 10/28/03 ( Signed by: Magistrate Judge Gustave J. DiBianco 7/1/03 ) (kcl) (Entered: 07/07/2003)

July 1, 2003
13

LETTER REQUEST AND ORDER: dtd 1/28/04 by Larry Malfitano, Esq. requesting to extend discovery and motion deadlines; granted. Discovery deadline by 5/28/2004. Motions to be filed by 9/30/2004. This order does not authorize depositions beyond the limit in the Federal Rules. If the parties wish to exceed that limit they should schedule a telephone conference. Signed by Judge Gustave J. DiBianco on 2/10/04. (dmf) (Entered: 02/11/2004)

Feb. 10, 2004
14

STIPULATION Selecting Neutral by Dielectric Laboratories, Inc., Equal Employment Com, Virginia Grandy-Robbins selecting Michael Sciotti as Mediator.(kcl, ) (Entered: 03/09/2004)

March 5, 2004
15

CONFIDENTIALITY AGREEMENT (Sciotti, Michael) (Entered: 03/23/2004)

March 23, 2004
16

REPORT of Mediation (Sciotti, Michael) (Entered: 03/23/2004)

March 23, 2004
17

CONSENT DECREE/ORDER; Parties agree that this action is dismissed and all issues pending and claims alleged in the Complaint are resolved; Each party shall bear their own costs and fees; This decree remains in effect until 12/31/06. Signed by Judge Norman A. Mordue on 11/17/04. (kcl, ) (Entered: 11/18/2004)

Nov. 17, 2004
18

Mail Returned as Undeliverable. re: 17 Stipulation and Order, sent to Nora Curtin (kcl, ) (Entered: 12/06/2004)

Dec. 6, 2004

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 27, 2002

Closing Date: Nov. 17, 2004

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

Dieletric Laboratories, Inc. (Syracuse ), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

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: 200000

Order Duration: 2004 - 2006

Content of Injunction:

Reporting

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Neutral/Positive Reference

Retaliation Prohibition

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit