Case: EEOC v. ACTION, INC.

5:05-cv-00749 | U.S. District Court for the Western District of Oklahoma

Filed Date: June 30, 2005

Closed Date: June 20, 2008

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Case Summary

In June 2005, the Oklahoma City Area Office of the EEOC brought this lawsuit against Action, Inc. in the U.S. District Court for the Western District of Oklahoma alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the two charging parties, male employees, to a sexually hostile work environment resulting in the constructive, and in one case retaliatory, discharge of the charging parties. The charging parties intervened in the lawsuit in October 2005. Following a successful motion for partial summary Judgment by the EEOC, the parties settled the lawsuit in June 2006 through a consent decree.The two-year decree, containing agreements not to discriminate or retaliate, required the defendant to: expunge the complainants' employment record of any reference to the lawsuit, post notice of employee rights and provide anti-discrimination training to all employees once a year for two years, implement a dispute resolution mechanism, report to the EEOC regarding internal complaints of sexual harassment and pay $40,000 to be distributed among two individuals. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

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Summary Authors

David Friedman (10/22/2007)

Clearinghouse (6/11/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68975017/parties/offolter-v-horseracing-integrity-and-safety-authority-inc/

Judge(s)

DeGiusti, Timothy D. (Oklahoma)

Attorney for Plaintiff

Kannady, Christopher L (Oklahoma)

McKeever, Terry M (Oklahoma)

Judge(s)

DeGiusti, Timothy D. (Oklahoma)

Attorney for Plaintiff

Kannady, Christopher L (Oklahoma)

McKeever, Terry M (Oklahoma)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:05-cv-00749	Docket Equal Employment Opportunity Commission v. Action Inc	June 20, 2006	June 20, 2006 Docket
1 5:05-cv-00749	Complaint EEOC v. Action INC.	June 30, 2005	June 30, 2005 Complaint
11-2 5:05-cv-00749	Plaintiffs' Intervenor Complaint Equal Employment Opportunity Commission, et al v. Action, Inc.	Sept. 13, 2005	Sept. 13, 2005 Complaint
29 5:05-cv-00749	Order [granting plaintiff's motion for partial summary judgment] Equal Employment Opportunity Commission v. Action, Inc.	May 15, 2006	May 15, 2006 Order/Opinion
33 5:05-cv-00749	Consent Decree Equal Employment Opportunity Commission, et al v. Action, Inc.	June 20, 2006	June 20, 2006 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
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…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68975017/offolter-v-horseracing-integrity-and-safety-authority-inc/

Last updated April 5, 2025, 11 a.m.

ECF Number	Description	Date	Link Date / Link
	Summons Issued as to Action Inc. (brs, ) (Entered: 07/07/2005)	July 7, 2005	July 7, 2005
	Docket Annotation: Document number 11 should be filed as a Motion to Intervene, NOT as a First Intervenor Complaint. (brs, ) (Entered: 09/13/2005)	Sept. 13, 2005	Sept. 13, 2005
	Docket Annotation: Pursuant to document number 12 the Third Party Plaintiffs and Third Party Defendant have been terminated. (brs, ) (Entered: 09/14/2005)	Sept. 14, 2005	Sept. 14, 2005
32	MOTION for Order to Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Consent Decree with attached Notice)(Robertson, Michelle) (Entered: 06/19/2006)	June 19, 2006	June 19, 2006
33	CONSENT DECREE ORDER re 32. Signed by Judge Lee R. West on 6/20/06. (brs, ) (Entered: 06/20/2006)	June 20, 2006	June 20, 2006 Clearinghouse
1	COMPLAINT against Federal Trade Commission, Horseracing Integrity and Safety Authority Inc, Lina Khan filed by Elizabeth Butler, Michael Major, Danny Caldwell, Joe Offolter, Randy Blair, Boyd Caster, Bryan Hawk, Scott Young. (Attachments: # 1 Civil Cover Sheet)(rp) (Entered: 07/24/2024) 1 Civil Cover Sheet View on PACER	July 24, 2024	July 24, 2024 RECAP
2	Summons Issued Electronically as to Federal Trade Commission, Horseracing Integrity and Safety Authority Inc, Lina Khan. (rp) (Entered: 07/24/2024)	July 24, 2024	July 24, 2024 PACER
	Payment for a Civil Case	July 25, 2024	July 25, 2024 PACER
3	Entry of Appearance	July 26, 2024	July 26, 2024 PACER
4	Entry of Appearance	July 26, 2024	July 26, 2024 PACER
5	Motion for TRO 1 Exhibit 1 - HISA rules (Registration, Enforcement, Assessment) View on PACER 2 Exhibit 2 - Vance Letter dated July 17, 2024 View on PACER 3 Exhibit 3 - OHRC Letter dated July 22, 2024 View on PACER 4 Exhibit 4 - Caldwell Statement View on PACER 5 Exhibit 5 - Butler Statement View on PACER 6 Exhibit 6 - OHRC Rule 325:15-3-4 View on PACER 7 Exhibit 7 - FTC Order Approving Registration Rule dated June 29, 2022 View on PACER	July 29, 2024	July 29, 2024 PACER
6	Order	July 29, 2024	July 29, 2024 PACER
7	Entry of Appearance	July 30, 2024	July 30, 2024 PACER
8	Notice of Related or Companion Case	July 30, 2024	July 30, 2024 PACER
9	Entry of Appearance	July 30, 2024	July 30, 2024 PACER
10	Order	July 30, 2024	July 30, 2024 PACER
11	Order Reassigning Case	July 30, 2024	July 30, 2024 PACER
12	Order	Aug. 1, 2024	Aug. 1, 2024 PACER
13	Entry of Appearance	Aug. 5, 2024	Aug. 5, 2024 PACER
14	Motion for Leave to Appear Pro Hac Vice	Aug. 5, 2024	Aug. 5, 2024 PACER
15	Motion for Leave to Appear Pro Hac Vice	Aug. 5, 2024	Aug. 5, 2024 PACER
16	Motion for Leave to Appear Pro Hac Vice	Aug. 5, 2024	Aug. 5, 2024 PACER
17	Motion for Hearing	Aug. 5, 2024	Aug. 5, 2024 PACER
18	Response in Opposition to Motion	Aug. 5, 2024	Aug. 5, 2024 PACER
19	Response in Opposition to Motion	Aug. 5, 2024	Aug. 5, 2024 PACER
20	Order on Motion for Hearing	Aug. 5, 2024	Aug. 5, 2024 PACER
21	Order on Motion to Appear Pro Hac Vice	Aug. 5, 2024	Aug. 5, 2024 PACER
22	Entry of Appearance	Aug. 5, 2024	Aug. 5, 2024 PACER
23	Entry of Appearance	Aug. 6, 2024	Aug. 6, 2024 PACER
24	Entry of Appearance	Aug. 6, 2024	Aug. 6, 2024 PACER
25	Entry of Appearance	Aug. 6, 2024	Aug. 6, 2024 PACER
26	Evidentiary Hearing	Aug. 7, 2024	Aug. 7, 2024 PACER
27	ORDER denying 5 Plaintiffs Emergency Application for a Temporary Restraining Order, fully set out within. Signed by Chief Judge Timothy D. DeGiusti on 8/8/2024. (jee)	Aug. 8, 2024	Aug. 8, 2024 RECAP
28	Transcript	Aug. 9, 2024	Aug. 9, 2024 PACER
29	Administrative Closure	Nov. 6, 2024	Nov. 6, 2024 PACER
30	Order on Motion for Administrative Closure	Nov. 8, 2024	Nov. 8, 2024 PACER
31	Administrative Closing Order	Nov. 8, 2024	Nov. 8, 2024 PACER