Case: EEOC v. NEW ENGLAND SERUM

1:01-cv-11672 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 28, 2001

Closed Date: Jan. 7, 2004

Clearinghouse coding complete

Case Summary

In September 2001, the Boston (along with the New York and Washington, D.C.) office of the EEOC brought this Title VII suit against New England Serum in the U.S. District Court for the District of Massachusetts. The complaint alleged that the defendant subjected the claimants to sexual harassment because of their sex and national origin, and discharged claimants in retaliation for their complaints. More specifically, the claimant's supervisor directly or indirectly subjected the claimants to …

In September 2001, the Boston (along with the New York and Washington, D.C.) office of the EEOC brought this Title VII suit against New England Serum in the U.S. District Court for the District of Massachusetts. The complaint alleged that the defendant subjected the claimants to sexual harassment because of their sex and national origin, and discharged claimants in retaliation for their complaints. More specifically, the claimant's supervisor directly or indirectly subjected the claimants to physical and verbal sexual harassment because of their sex and national origin. The defendant's distribution center manager subjected claimants to offensive and unwelcome sexually harassing conduct. The case settled by entry of a consent decree in January 2003.

The one year consent decree required the defendant to pay $150,000 to the claimants, refrain from retaliation, confirm that since the institution of the lawsuit that it has conducted significant training for managers (and will provide new managers and non-managers with training), distribute its anti-discrimination policy, and post notice. The EEOC retained the right to monitor compliance with the decree.

Summary Authors

Jason Chester (6/17/2007)

People


Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Penzel, Markus Landon (Massachusetts)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Penzel, Markus Landon (Massachusetts)

Reams, Gwendolyn Young (District of Columbia)

Documents in the Clearinghouse

Document

1:01-cv-11672

Docket

EEOC v. New England Serum

June 27, 2006

June 27, 2006

Docket
1

1:01-cv-11672

Complaint and Jury Trial Demand

EEOC v. New England Serum Company, Inc.

Sept. 28, 2001

Sept. 28, 2001

Complaint
25

1:01-cv-11672

Consent Decree

EEOC v. New England Serum Company, Inc.

Dec. 16, 2002

Dec. 16, 2002

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed. Case assigned to Judge: Tauro. Receipt #: n/a Amount:$ n/a. Fee Status: wv (cmg) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

Summons issued for New England Serum (cmg) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

2

Waiver of service returned executed as to New England Serum . Mailed on 10/12/01 . Answer due on 12/11/01 for New England Serum (fmr) (Entered: 10/19/2001)

Oct. 19, 2001

Oct. 19, 2001

3

Answer by New England Serum to complaint; jury demand, filed. (fmr) (Entered: 11/30/2001)

Nov. 28, 2001

Nov. 28, 2001

4

Judge Joseph L. Tauro . Notice of Hearing/conference: set scheduling conference for 10:45 4/2/02 . cc/cl (fmr) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

5

Judge Joseph L. Tauro . Order entered, for discovery . [EOD Date 3/1/02] cc/cl (fmr) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

6

Statement of counsel filed by New England Serum , Re: Counsel for dft, has conferred w/the dft. to establish a budget for the costs of conductiing the litigation. Counsel and the client have also discussed the use of alternative dispute resolution and have proposed mediation to the pla. which has rejected that proposal. (fmr) (Entered: 03/18/2002)

March 15, 2002

March 15, 2002

7

Document disclosure by New England Serum ,filed. (fmr) (Entered: 03/18/2002)

March 15, 2002

March 15, 2002

8

Joint statement by Equal Employment, New England Serum , re: , filed. (fmr) (Entered: 03/19/2002)

March 17, 2002

March 17, 2002

9

Rule 16.1 Certification filed by Equal Employment . (fmr) (Entered: 03/19/2002)

March 17, 2002

March 17, 2002

10

Judge Joseph L. Tauro . Notice of cancellation of Hearing/conference: reset conference for 11:00 5/1/02 . cc/cl (fmr) (Entered: 04/09/2002)

April 8, 2002

April 8, 2002

11

Judge Joseph L. Tauro . Order entered, set status conference for reset to 10:00 9/10/02 . See order for details. [EOD Date 5/2/02] cc/cl (kf) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

12

Motion by Equal Employment for partial modification of 5/1/02, order and for protective order , filed. (fmr) (Entered: 05/16/2002)

May 15, 2002

May 15, 2002

14

Response by New England Serum in opposition to [12-1] motion for partial modification of 5/1/02, order and for protective order , filed. (fmr) (Entered: 06/05/2002)

June 3, 2002

June 3, 2002

15

Motion by Equal Employment for leave to file reply memorandum in support of its motion for partial modification of May 1, 2002, order and for protective order , filed. c/s (kf) (Entered: 06/12/2002)

June 10, 2002

June 10, 2002

16

Reply Memorandum by Equal Employment in support of [12-1] motion for partial modification of 5/1/02, order and for protective order , filed. c/s (kf) (Entered: 06/12/2002)

June 10, 2002

June 10, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [15-1] motion for leave to file reply memorandum in support of its motion for partial modification of May 1, 2002, order and for protective order . [EOD Date 6/19/02] (fmr) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

Judge Joseph L. Tauro . Endorsed Order entered denying [12-1] motion for partial modification of 5/1/02, order and for protective order . [EOD Date 6/19/02] (fmr) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

17

Motion by Equal Employment for leave to file Recent decision in support of its motion for partial modificatioin of May 1, 2002, Order and for Protective Order , filed. c/s (decision attached) (jf) (Entered: 07/01/2002)

June 26, 2002

June 26, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [17-1] motion for leave to file Recent decision in support of its motion for partial modificatioin of May 1, 2002, Order and for Protective Order as moot. cc/cl [EOD Date 7/10/02] (fmr) (Entered: 07/10/2002)

July 8, 2002

July 8, 2002

18

Joint motion by Equal Employment, New England Serum for protective order governing the production and use of confidential material , filed. . (fmr) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [18-1] joint motion for protective order governing the production and use of confidential material . [EOD Date 7/24/02] cc/cl (fmr) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

19

Judge Joseph L. Tauro . Stipulated Protective Order entered governing the production and use of confidential material. [EOD Date 7/24/02] (fmr) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

20

Notice of appearance of attorney for New England Serum by Eric R. Barber-Mingo, filed. (fmr) (Entered: 07/29/2002)

July 24, 2002

July 24, 2002

21

Assented-to Motion by New England Serum to amend [3-1] answer , filed. (fmr) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [21-1] assented-to motion to amend [3-1] answer . [EOD Date 8/20/02] (fmr) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

23

Judge Joseph L. Tauro . Order entered,; the parties' joint request for a continuance is ALLOWED; reset status conference to 10:45 1/9/03 . [EOD Date 9/12/02] (fmr) (Entered: 09/12/2002)

Sept. 10, 2002

Sept. 10, 2002

24

Joint motion by Equal Employment, New England Serum to approve consent decree , filed. . (fmr) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

Judge Joseph L. Tauro . Endorsed Order entered granting [24-1] joint motion to approve consent decree . [EOD Date 1/8/03] (eaf) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

25

Judge Joseph L. Tauro . Consent judgment/decree entered . [EOD Date 1/8/03 cc: all counsel of record. (eaf) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

Case closed. (eaf) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

Case Details

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: Jan. 7, 2004

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

New England Serum , 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: 150000

Order Duration: 2003 - 2004

Content of Injunction:

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian