Case: EEOC v. SPS TEMPORARIES

1:04-cv-00052 | U.S. District Court for the Western District of New York

Filed Date: Jan. 27, 2004

Closed Date: Nov. 22, 2009

Clearinghouse coding complete

Case Summary

In January 2004, the New York District Office of the EEOC brought this lawsuit against SPS Temporaries, Inc. and Professional Personnel Management Corporation, temporary employment service providers, and two of their clients, Jamestown Container Companies and Whiting Door Manufacturing Corp., in the U.S. District Court for the Western District of New York, alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act,…

In January 2004, the New York District Office of the EEOC brought this lawsuit against SPS Temporaries, Inc. and Professional Personnel Management Corporation, temporary employment service providers, and two of their clients, Jamestown Container Companies and Whiting Door Manufacturing Corp., in the U.S. District Court for the Western District of New York, alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Specifically, the EEOC alleged that the defendants were assigning temporary employees based upon discriminatory requests for client companies, failed to employ persons based upon questionnaire information indicating the potential employee was disabled, and refusing to assign work to a temporary employee who was pregnant. Following some discovery and several settlement conferences, the parties settled the lawsuit through a series of consent decrees tailored to each defendant in November 2005.

The consent decrees ranged from three to four years of enforcement and contained anti-discrimination and retaliation clauses. It required the defendants to: make reports based upon complaints and make other compliance reports, keep records, allow access to the EEOC for monitoring, appoint a monitor, develop anti-discrimination policies, utilize objective job descriptions and hiring criteria, follow hiring protocols, comply with advertising requirements, post and distribute notice of rights to employees, temporary employees, and clients hiring temporary employees, provide annual EEO training, include Decree compliance with other criteria for managerial performance reviews, and contribute $580,000 to a Claims fund, to be distributed among an initial three complainants plus all other class members to be determined.

As there is no additional activity in the docket sheet, other than the approval of plaintiff's Class Distribution List, presumably the case closed completely in 2009.

Summary Authors

David Friedman (1/25/2008)

Rachel Barr (3/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4357930/parties/equal-employment-opportunity-commission-v-sps-temporaries-inc/


Judge(s)

Bianchini, Victor E. (New York)

Elfvin, John Thomas (New York)

Scott, Hugh B. (New York)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Dreiband, Eric S. (District of Columbia)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert D. (New York)

Sirkin, Lisa (New York)

Judge(s)

Bianchini, Victor E. (New York)

Elfvin, John Thomas (New York)

Scott, Hugh B. (New York)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Dreiband, Eric S. (District of Columbia)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert D. (New York)

Sirkin, Lisa (New York)

Attorneys(s) for Defendant

Braden, Richard A. (New York)

Brydges, Thomas E (New York)

Doren, Robert A (New York)

Feinstein, Joshua Isaac (New York)

McIntyre, Philip H. (New York)

Perry, Adam W (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. SPS Temporaries, Inc., et al

Dec. 13, 2006 Docket
1

Complaint and Jury Trial Demand

EEOC v. SPS Temporaries, Inc, et al

Jan. 27, 2004 Complaint
3

First Amended Complaint and Jury Trial Demand

EEOC v. SPS Temporaries, et al

March 5, 2004 Complaint

EEOC Press Release

EEOC v. SPS Temporaries et al

No Court

Nov. 17, 2005 Press Release

EEOC Litigation Settlement Report

EEOC v. SPS Temporaries Inc, et al

No Court

Nov. 22, 2005 Press Release

Consent Decree [EEOC and Whiting Door Manufacturing Corp]

EEOC v. SPS Temporaries, Inc et al

Nov. 22, 2005 Settlement Agreement

Consent Decree [EEOC and TPS Temporaries, Inc and Professional Personnel Management Corporation]

EEOC v. SPS Temporaries, Inc. et al

Nov. 22, 2005 Settlement Agreement

Consent Decree [EEOC and Jamestown Container Lockport]

EEOC v. SPS Temporaries, Inc, et al

Nov. 22, 2005 Settlement Agreement
24

Order

EEOC v. SBS Temporaries, Inc.

Dec. 13, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4357930/equal-employment-opportunity-commission-v-sps-temporaries-inc/

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

ECF Number Description Date Link
1

COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission.(JMD, ) (Entered: 01/28/2004)

Jan. 27, 2004 RECAP
2

ORDER REFERRING CASE to Magistrate Judge Hugh B. Scott for settlement purposes only. Signed by Hon. John T. Elfvin on 2/3/04. (RAZ) (Entered: 02/10/2004)

Feb. 10, 2004 PACER
3

AMENDED COMPLAINT against Jamestown Container Corp., Jamestown Container Lockport, Inc.,, Professional Personnel Management Corporation, SPS Temporaries, Inc.,, Whiting Door Manufacturing Corp., filed by Equal Employment Opportunity Commission.(JMD, ) (Entered: 03/08/2004)

March 8, 2004 PACER
4

ANSWER to Amended Complaint by Professional Personnel Management Corporation, SPS Temporaries, Inc.,.(Braden, Richard) (Entered: 03/26/2004)

March 26, 2004 PACER
5

ANSWER to Amended Complaint by Jamestown Container Companies, Jamestown Container Corp., Jamestown Container Lockport, Inc.,.(McIntyre, Philip) (Entered: 03/26/2004)

March 26, 2004 PACER
6

CERTIFICATE OF SERVICE by Jamestown Container Companies, Jamestown Container Corp., Jamestown Container Lockport, Inc., re 5 Answer to Amended Complaint (McIntyre, Philip) (Entered: 03/26/2004)

March 26, 2004 PACER
7

ANSWER to Amended Complaint by Whiting Door Manufacturing Corp.. (Attachments: # 1 Certificate of Service)(Perry, Adam) (Entered: 03/29/2004)

2 Certificate of Service

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March 29, 2004 PACER
8

ORDER Settlement Conference set for 6/15/2004, 3:00 PM, before Hon. Hugh B. Scott. Signed by Hon. Hugh B. Scott on 3/30/2004. (DRH) (Entered: 03/30/2004)

March 30, 2004 PACER
9

RULE 26 DISCLOSURE by Whiting Door Manufacturing Corp..(Feinstein, Joshua) (Entered: 06/08/2004)

June 8, 2004 PACER
10

TEXT OF Minute Entry for proceedings held before Magistrate Judge Hugh B. Scott:Robert Rose, Esq., and Lisa Sorkin, Esq., for plaintiff Equal Employment Opportunity Commission; Robert Doren, Esq., for defendants SPS Temporaries, Inc., Professional Personnel Managment Corp.; Adam Perry, Esq., for defendant Whiting Door Manufacturing Corp.; Philip McIntyre, Esq., for defendant Jamestown Container Companies, et al.Settlement Conference held on 6/15/2004. Settlement not possible at this time. Parties to meet with Judge Elfvin regarding the discovery schedule to facilitate settlement. (DRH) (Entered: 06/15/2004)

June 15, 2004 PACER
11

SCHEDULING ORDER: Discovery due by 1/27/2006. Motions due by 2/27/2006. Trial Date Status Conference set for 3/3/2006 at 3:00 p.m. before Hon. John T. Elfvin. Jurisdiction and power to participate herein as a facilitator in settlement discussions is hereby granted to Magistrate Judge Hugh B. Scott. Signed by Hon. John T. Elfvin on 6/10/04. (RAZ) (Entered: 06/28/2004)

June 28, 2004 PACER
12

TEXT OF ORDERA Settlement Conference shall take place in this case on 9/3/2004 at 10:00 AM before Hon. Hugh B. Scott. The Court will discuss the parties agreement as to the appointment of a special master and the perameters of the evaluation process at that time. So Ordered. Signed by Hon. Hugh B. Scott on 8/04/04. (JRA) (Entered: 08/04/2004)

Aug. 4, 2004 PACER
13

TEXT OF NOTICE OF HEARING:At request of counsel, Settlement Conference set for 9/3/2004, 10:00 AM, before Hon. Hugh B. Scott will be by telephone conference. (DRH) (Entered: 08/18/2004)

Aug. 18, 2004 PACER
14

NOTICE of Appearance by Joshua Isaac Feinstein on behalf of Whiting Door Manufacturing Corp. (Feinstein, Joshua) (Entered: 08/19/2004)

Aug. 19, 2004 PACER
15

TEXT OF MINUTE ENTRYfor proceedings held before Magistrate Judge Hugh B. Scott:Robert Rose, Esq., for plaintiff (by telephone); Robert Doren, Esq., for defendants SPS Temporaries, Professional Personnel Management Corp.; Philip McIntyre, Esq., for defendant Jamestown (by telephone); Adam Perry and Joshua Feinstein for defendant Whiting Door (by telephone).Settlement Conference held on 9/3/2004. Parties agree to special master for valuation issues. Master's report due on or before 11/29/2004. Settlement Conference set for 11/29/2004, at 10 am, before Hon. Hugh B. Scott. (DRH) (Entered: 09/03/2004)

Sept. 3, 2004 PACER
16

Minute Entry for proceedings held before Magistrate Judge Hugh B. Scott : Settlement Conference held on 11/29/2004. See attached minutes. (DRH) (Entered: 11/29/2004)

Nov. 29, 2004 PACER
17

ORDER REFERRING CASE to Mediation. Settlement Conference set for 1/3/2005, 3:30 PM, before Hon. Victor E. Bianchini. Signed by Hon. Hugh B. Scott on 11/29/2004. (DRH) (Entered: 11/29/2004)

Nov. 29, 2004 PACER
18

ORDER Settlement Conference set for 6/29/2005 08:00 AM before Hon. Victor E. Bianchini.Additional materials outlining the remaining areas is dispute shall be delivered to chambers no later than 6/20/2005. Signed by Hon. Victor E. Bianchini on 6/2/2005. (SDW) (Entered: 06/02/2005)

June 2, 2005 PACER
19

NOTICE of Appearance by Thomas E. Brydges on behalf of Jamestown Container Corp., Jamestown Container Lockport, Inc.,, Jamestown Container Companies (Attachments: # 1 letter to judge Elfvin)(Brydges, Thomas) (Entered: 08/02/2005)

2 letter to judge Elfvin

View on PACER

Aug. 2, 2005 PACER
20

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDER Status Conference set for Wed., 12/7/2005, 10:00 AM, before Hon. Hugh B. Scott. So Ordered. Signed by Hon. Hugh B. Scott on 9/26/2005. (DRH) (Entered: 09/26/2005)

Sept. 26, 2005 PACER
21

CONSENT DECREE/ORDER . Signed by Hon. John T. Elfvin on 11/21/05. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(JDK, ) (Entered: 11/22/2005)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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Nov. 22, 2005 PACER
22

CONSENT DECREE/ORDER . Signed by Hon. John T. Elfvin on 11/21/05. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(JDK, ) (Entered: 11/22/2005)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Nov. 22, 2005 PACER
23

CONSENT DECREE/ORDER . Signed by Hon. John T. Elfvin on 11/21/05. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(JDK, ) (Entered: 11/22/2005)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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Nov. 22, 2005 PACER
24

ORDER that the Class Distribution List submitted by plaintiff is approved. Signed by Hon. John T. Elfvin on 12/13/06. (RAZ) (Entered: 12/13/2006)

Dec. 13, 2006 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Jan. 27, 2004

Closing Date: Nov. 22, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Any person who claims to have applied for temporary employment with SPS/PPMC between January 1, 1999 and the effective date of the decree shall be considered a potential class member.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Whiting Door Manufacturing Corp. (Lockport, New York; Cheektowaga, New York), Private Entity/Person

Jamestown Container Corp. (Akron, New York), Private Entity/Person

SPS Temporaries, Inc. (Buffalo, New York), Private Entity/Person

Professional Personnel Management Corporation (Buffalo, New York), Private Entity/Person

Jamestown Container Corp., Private Entity/Person

Whiting Door Manufacturing Corp., Private Entity/Person

Jamestown Container Companies, Private Entity/Person

Professional Personnel Management Corporation, Private Entity/Person

SPS Temporaries, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 580000

Order Duration: 2005 - 2009

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Utilize objective job description

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Recordkeeping

Monitor/Master

Reporting

Monitoring

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

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

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

National origin discrimination

Pregnancy discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits