Case: EEOC v. FIRST WIRELESS GROUP, INC.

2:03-cv-04990 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 30, 2003

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the Eastern District of New York against defendant First Wireless Groups, Inc. The case was assigned to Judge Joanna Seybert. The EEOC alleged discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 and retaliation for participating in protected activities. Specifically, the …

On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the Eastern District of New York against defendant First Wireless Groups, Inc. The case was assigned to Judge Joanna Seybert. The EEOC alleged discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 and retaliation for participating in protected activities. Specifically, the complaint alleged the defendants paid Hispanic employees less than Asian employees even though the Asian employees were less productive. In addition, the complaint alleged that Asian employees retaliated against Hispanic employees and management following their opposition of the discrimination via intimidation, removal of privileges, banning the speaking of Spanish and terminating or constructively discharging a number of employees who signed a petition.

On October 23, 2003, thirteen plaintiffs filed a motion to intervene on the lawsuit; all were represented by the same (private) attorney. Judge Seybert granted the motion in August 2004. The intervenors filed their own complaint in November 2003 where they made nearly identical allegations to those of the EEOC. Again in 2005, another plaintiff moved to intervene with very similar allegations. Her motion was granted, too bringing the total number of claimants (whose claims underlay the EEOC lawsuit) and intervenors to several dozen.

After several years of discovery, the defendant filed a motion for summary judgment in March 2007. The defendant argued that evidence from discovery showed that, even assuming all of plaintiffs’ evidence was true, no discrimination took place. In February 2008, Judge Seybert granted in part and denied in part the defendant’s motion; she found that the disparate pay claim turned on contested factual issues, and therefore should proceed to trial. The Court found, also, that there were disputed facts relating to whether two particular individuals faced retaliation. Accordingly, the court denied defendant’s motion for summary judgment on the retaliation claim for two claimants but granted the motion for everyone else.

On October 30, 2008, the EEOC and plaintiff-intervenors entered into a consent decree with First Wireless. While the defendant did not admit fault, it agreed to pay $435,000 in back pay and compensatory damages, inclusive of attorneys fees. In addition, First Wireless agreed to post a notice of the settlement in a space visible to employees, provide neutral references for aggrieved employees, require all supervisory employees to undergo eight hours of equal employment training, and provide reports to the EEOC every six months for four years, the duration of the consent decree.

No further action is noted on the docket of this case and it is presumably closed.

Summary Authors

Hope Brinn (10/5/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5381904/parties/equal-employment-opportunity-commission-v-first-wireless-group-inc/


Judge(s)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Caiola, Michelle Anne (New York)

Diaz, Estela (New York)

Dreilinger, Lauren G. (New York)

Grossman, Elizabeth (New York)

Malloy, Margaret Ann (New York)

Santos, Adela P. (New York)

Attorneys(s) for Defendant

Goodstadt, Andrew Scott (New York)

Juliano, John L. (New York)

Judge(s)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Bissell, Katherine (New York)

Caiola, Michelle Anne (New York)

Diaz, Estela (New York)

Dreilinger, Lauren G. (New York)

Grossman, Elizabeth (New York)

Malloy, Margaret Ann (New York)

Santos, Adela P. (New York)

Attorneys(s) for Defendant

Goodstadt, Andrew Scott (New York)

Juliano, John L. (New York)

Wigdor, Douglas Holden (New York)

Other Attorney(s)

Feather, David S. (New York)

Melendez, Delvis (New York)

Expert/Monitor/Master

Gabor, David George (Massachusetts)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Nov. 3, 2008 Docket
1

Complaint

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Sept. 30, 2003 Complaint
71

Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

225 F.R.D. 404

Nov. 19, 2004 Order/Opinion
73

Plaintiff-Intervenors Amended Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Nov. 29, 2004 Complaint
82

Plaintiff-Intervenor's Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

April 11, 2005 Complaint
90

Plaintiff-Intervenor's Second Amended Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

July 13, 2005 Complaint
112

[Order]

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Dec. 23, 2005 Order/Opinion
176

Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

2006 WL 2707442, 2006 U.S.Dist.LEXIS 42079

Sept. 20, 2006 Order/Opinion
202

Memorandum & Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

2007 WL 586720

Feb. 20, 2007 Order/Opinion
226

Memorandum & Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Feb. 11, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5381904/equal-employment-opportunity-commission-v-first-wireless-group-inc/

Last updated May 13, 2022

ECF Number Description Date Link
87

ORDER re 83 , 84 , 85 , 86 . See attached order for details. Ordered by Judge Arlene R. Lindsay on May 19, 2005. c/ecf (Miller, Dina)

May 20, 2005 RECAP
142

ORDER re 133 , 137 , and 140 : See attached order for details. Ordered by JudgeArlene R. Lindsay on June 22, 2006. c/ecf (Miller, Dina)

June 22, 2006 RECAP
176

ORDER re 171 and 174 : See attached order for details. Ordered by Judge Arlene R. Lindsay on September 20, 2006. c/ecf (Miller, Dina)

Sept. 20, 2006 RECAP
202

MEMORANDUM AND ORDER - Pending before the Court are two motions brought by First Wireless Group, Inc. Dft moves to set aside Magistrate Judge Arlene R. Lindsay's Orders, dated 6/22/06 and 8/10/06. Dft claims that the Magistrate's Orders are erroneous and contrary to law. For the reasons set forth herein, the Court DENIES Dft's motions to set aside the Magistrate's June 2006 and August 2006 Orders. The Court DENIES Dft's application for Rule 35 examinations. Ordered by Judge Joanna Seybert on 2/20/07. C/ECF (Valle, Christine)

Feb. 20, 2007 RECAP

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: 2012

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

First Wireless Group, Inc. (Suffolk, New York), 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

Any published opinion

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: 435,000

Order Duration: 2008 - 2012

Content of Injunction:

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

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

Pay / Benefits

Discrimination-basis:

National origin discrimination

Race discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Hispanic