Case: EEOC v. County of Maui Police Department

1:13-cv-00698 | U.S. District Court for the District of Hawaii

Filed Date: Dec. 18, 2013

Closed Date: May 9, 2019

Clearinghouse coding complete

Case Summary

In December 2013, the EEOC brought this suit against the County of Maui Police Department in the U.S. District Court for the District of Hawaii, under the Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. §§ 621 et seq.). The EEOC alleged that the County of Maui Police Department did not hire a candidate because of his age (45). The EEOC asked for (a) a permanent injunction enjoining the police from engaging in any employment practices which resulted in discrimination on the basis …

In December 2013, the EEOC brought this suit against the County of Maui Police Department in the U.S. District Court for the District of Hawaii, under the Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. §§ 621 et seq.). The EEOC alleged that the County of Maui Police Department did not hire a candidate because of his age (45). The EEOC asked for (a) a permanent injunction enjoining the police from engaging in any employment practices which resulted in discrimination on the basis of age; (b) an order that the police institute and carry out policies, practices and programs which provide equal employment opportunities for persons forty (40) years of age and older; (c) an order that the police provide wages and benefits to the candidate; and (d) an order that the police provide rightful-place reinstatement with seniority restored or front pay.

In 2009, the candidate applied to the County of Maui Police Department. He met all minimum qualifications for training and experience, and he passed the initial written civil service exam with a high score above 90 points. Then he was scheduled for an oral interview. During the interview, the panel made age-based remarks including "I doubt someone your age could handle the stress of training" in addition to whether he could perform the physical holds required due to his age, and whether someone his age could take directives from a younger person. They decided not to hire the candidate. During the hiring period of January through October 2009, at least 28 applicants were hired who were younger than the candidate and were less qualified for the position than the candidate on the basis of their education, experience and civil service written exam scores.

On May 6, 2016, the parties entered into a three-year consent decree that required the defendant to pay the charging party $24,000 in unclassified damages and required the defendant to modify its anti-discrimination policy, establish record-keeping procedures, improve its compliance efforts, provide anti-discrimination training to employees to prevent future discrimination including providing training to employees, and report to an independent monitor. There has been no activity on the docket since May 2016, and the case is thus presumed to be closed.

Summary Authors

Kowa Takata (10/28/2014)

Sean Mulloy (3/21/2018)

Hope Brinn (4/3/2020)

People


Judge(s)

Chang, Kevin S.C. (Hawaii)

Kobayashi, Leslie Emi (Hawaii)

Attorney for Plaintiff
Attorney for Defendant

Kolbe, Thomas W. (Hawaii)

Lutey, Moana Monique (Hawaii)

Expert/Monitor/Master/Other

Liem, Connie (California)

Judge(s)

Chang, Kevin S.C. (Hawaii)

Kobayashi, Leslie Emi (Hawaii)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:13-cv-00698

Docket [PACER]

May 9, 2016

May 9, 2016

Docket

1:13-cv-00698

EEOC Sues Maui County Police Department for Age Discrimination

No Court

Dec. 18, 2013

Dec. 18, 2013

Press Release
1

1:13-cv-00698

Complaint

Dec. 18, 2013

Dec. 18, 2013

Complaint
43

1:13-cv-00698

Consent Decree; Order

May 9, 2016

May 9, 2016

Order/Opinion

Docket

Last updated March 15, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT − Civil Rights Employment Discrimination ~ Jury Trial Demand against Police Department, County of Maui, filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ecs, ) (Entered: 12/20/2013)

Dec. 18, 2013

Dec. 18, 2013

2

Summons in a Civil Action Issued as to Police Department, County of Maui. (ecs, ) (Entered: 12/20/2013)

Dec. 18, 2013

Dec. 18, 2013

3

Order Setting Rule 16 Scheduling Conference for 09:00AM on 3/24/2014 before JUDGE KEVIN S.C. CHANG. Signed by JUDGE SUSAN OKI MOLLWAY on 12/18/2013. (Attachments: # 1 Memorandum Re: Corporate Disclosure Statements)(ecs, ) (Entered: 12/20/2013)

Dec. 18, 2013

Dec. 18, 2013

5

SUMMONS Returned Executed by U.S. Equal Employment Opportunity Commission. Police Department, County of Maui served on 3/6/2014, answer due 3/27/2014. (Attachments: # 1 Affidavit of Service of Summons)(Mallik, Amrita) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

6

Defendant County of Maui ANSWER to 1 Complaint with Jury Demand by Police Department, County of Maui.(Rost, Richard) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

7

REPORT of Planning Meeting JOINT REPORT OF MEETING AND [PROPOSED] DISCOVERY PLAN PURSUANT TO FRCP 26(f) AND LR 26.1 . (Mallik, Amrita) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

8

Scheduling Conference Statement Plaintiff EEOC's Rule 16 Scheduling Conference Statement; Certificate of Service . (Mallik, Amrita) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

9

Scheduling Conference Statement Defendant County of Maui's Scheduling Conference Statement; Certificate of Service . (Rost, Richard) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

10

EO: re 4 Rule 16 Scheduling Conference set 4/25/14 at 9:00am before Judge Chang. Thomas W. Kolbe to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

11

EP: Rule 16 Scheduling Conference held on 4/25/2014. Rule 16 Scheduling Conference Order to be issued. Status Conference Re: Early Settlement Conference, by phone, set 5/15/14 at 9:00am before Judge Chang. Jury Selection/Trial set for 09:00 AM on 4/28/2015 before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference set for 3/17/2015 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 1/22/2015 10:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 11/26/2014. Discovery due by 2/27/2015. ( In Chambers − no record, 9:05−9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

12

RULE 16 SCHEDULING ORDER:. Signed by JUDGE KEVIN S.C. CHANG on 04/28/2014. (eps) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

13

CERTIFICATE OF SERVICE by Police Department, County of Maui [Re: County of Maui's Initial Disclosures] (Rost, Richard) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

14

CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission Declaration of Service re EEOC's Initial Disclosures (Mallik, Amrita) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

15

EP: Status Conference Re: Early Settlement Conference held on 5/15/2014. Counsel agree to an Early Settlement Conference date of 7/11/14 at 10:00am before Judge Chang. Confidential Settlement Conference statements due: 7/7/14. (In Chambers − no record, 9:15−9:20am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

16

NOTICE of Appearance by Connie Liem on behalf of U.S. Equal Employment Opportunity Commission on behalf of U.S. Equal Employment Opportunity Commission. (Liem, Connie) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

17

EP: Early Settlement Conference held on 7/11/2014. Counsel to exchange additional information and discovery. Further Early Settlement Conference on call. (In Chambers − no record, 10:10−10:40am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

19

STIPULATION [FIRST STIPULATION TO EXTEND THE DEADLINES FOR THE DISCLOSURE OF EXPERTS; COMPLETE DISCOVERY; FILE NON DISPOSITIVE MOTIONS; FILE DISPOSITIVE MOTIONS; PRETRIAL CONFERENCE; SUBMIT FINAL PRETRIAL STATEMENT; TRIAL] by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Vuong, Rumduol) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

20

EO: Status Conference Re: Stipulation to Extend Deadlines 19 set for 11/19/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

21

EO: re 20 Status Conference Re: Stipulation to Extend Deadlines 19 set for 11/19/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Rumduol Vuong to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

22

EO: re 20 Status Conference Re: Stipulation to Extend Deadlines 19 set for 11/19/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Moana Lutey to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

23

EP: Status Conference Re: Stipulation to Extend Deadlines 19 held on 11/19/2014. Discussion held regarding new trial date and deadlines. Counsel to discuss consent to a magistrate. (In Chambers − no record, 9:05−9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

24

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE − Signed by JUDGE LESLIE E. KOBAYASHI on 11/24/2014. Case reassigned to Magistrate JUDGE KEVIN S.C. CHANG. Please reflect new case number CV 13−00698 KSC on all further pleadings. (emt, ) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

25

NOTICE of Case Reassignment: Please reflect Civil case number CV 13−00698 KSC on all further pleadings. (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

26

EO: Jury Selection/Trial currently set for 09:00 AM on 4/28/2015 before JUDGE LESLIE E. KOBAYASHI will be held before JUDGE KEVIN S.C. CHANG. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

27

EO: re 24 Magistrate Consent filed 11/24/14. By agreement of counsel, Jury Trial date continued from 4/28/15 to 2/2/16 at 9:00am before Judge Chang. First Amended Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 2/2/2016 before JUDGE KEVIN S.C. CHANG. Final Pretrial Conference set for 12/22/2015 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 10/2/2015 10:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 12/4/2015. Motions due by 9/2/2015. (JUDGE KEVIN S.C. CHANG)(sna, ) Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

28

CERTIFICATE OF SERVICE by Police Department, County of Maui Re: Defendant County of Maui's response to Plaintiff EEOC's written interrogatories to Defendant County of Maui (set one) and Defendant County of Maui's response to Plaintiff EEOC's requests for production of documents to Defendant County of Maui (set one) (Lutey, Moana) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

29

AMENDED RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 12/8/2014. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

30

EO: Final Pretrial Conference set 12/22/15 shall be continued to 1/5/2016 09:00 AM before JUDGE KEVIN S.C. CHANG. Final Pretrial Conference statements due: 12/29/15. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

31

CERTIFICATE OF SERVICE by Police Department, County of Maui Re: Defendant County of Maui's First Request for Answers to Interrogatories to Plaintiff U.S. Equal Employment Opportunity Commission (Lutey, Moana) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

32

CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission Re: EEOC's Response to Defendant County of Maui Police Department's First Request for Answers to Interrogatories (Mallik, Amrita) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

ADVISORY ENTRY re: judge initials reflected with case number − docket entry number 32 Certificate of Service filed by U.S. Equal Employment Opportunity Commission.With reference to the November 24, 2014 filing of the "Notice, Consent, and Reference of a Civil Action to a Magistrate Judge," please reflect Civil Case Number CIV NO. 13−00698−KSC on all further documents and pleadings. No further action necessary. (afc) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

33

CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission Re EEOC's First Set of Requests for Admissions to Defendant County of Maui (Mallik, Amrita) Modified on 3/12/2015 Note: Viewing has been restricted; the filing party advised that the incorrect document was attached to this entry and the correct document will be filed. (emt, ). (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

ADVISORY ENTRY. The entry docket number 33 Certificate of Service filed by U.S. Equal Employment Opportunity Commission was filed incorrectly in this case. The filing party has notified the Clerks Office that the incorrect document was attached to this entry. The filing party will resubmit a corrected filing. The Clerks Office will restrict viewing to the errant filing. (emt, ) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

34

CERTIFICATE OF SERVICE by U.S. Equal Employment Opportunity Commission of EEOC's First Set of Requests for Admissions to Defendant County of Maui (Mallik, Amrita) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

35

CERTIFICATE OF SERVICE by Police Department, County of Maui RE: DEFENDANT COUNTY OF MAUI'S RESPONSE TO PLAINTIFF EEOC'S FIRST SET OF REQUESTS FOR ADMISSIONS TO DEFENDANT COUNTY OF MAUI (Lutey, Moana) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

36

STIPULATION [SECOND STIPULATION TO EXTEND DEADLINES FOR THE DISCLOSURE OF EXPERTS; COMPLETE DISCOVERY; FILE NON DISPOSITIVE MOTIONS; FILE DISPOSITIVE MOTIONS; PRETRIAL CONFERENCE; SUBMIT FINAL PRETRIAL STATEMENT; TRIAL] by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Vuong, Rumduol) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

37

EO: Status Conference Re−Resetting of the Trial Date and Scheduling Deadlines set for 7/22/2015 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Counsel may participate telephonically. Call Leslie Sai, Courtroom Manager (808) 541−3089 to give the telephone number that you may be reached at. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

38

EP: Status Conference Re−Resetting of the Trial Date and Scheduling Deadlines held on 7/22/2015. All Counsel to participate telephonically. New Dates will be given and a First Amended Rule 16 Scheduling Order will be filed and issued.The following listed Court Hearing Dates are hereby listed−Settlement Conference−10/2/2015, Final PreTrial Conference−1/5/2016 and Jury Selection/Jury Trial to follow−2/2/2016 and all other Scheduling Deadlines as stated in the Amended Rule 16 Scheduling Order [ECF No. 29].NEW DATES−Jury Selection/Trial to Follow−8/9/2016 @9:00 a.m. before Magistrate Judge Kevin Chang, Final PreTrial Conference−6/28/2016 @9:00 a.m. before Magistrate Judge Kevin Chang, Settlement Conference−5/12/2016 @10:00 a.m. before Magistrate Judge Kevin Chang, File Dispositive Motions by 3/9/2016 and Discovery Deadline by 6/10/2016 (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

39

AMENDED RULE 16 SCHEDULING ORDER: Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 7/23/2015. re: 38 . (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

40

EO: Status Conference−Re Trial Date set for 3/31/2016 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. All Counsel to participate telephonically. Call Leslie Sai, Courtroom Manager at (808) 541−3089 to provide a telephone number that Counsel may be reached at. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

41

EP: Status Conference Re−settlement held on 3/31/2016. All Counsel participated telephonically. Case has Settled. The Following Listed Dates are hereby vacated−Settlement Conference−5/12/2016, Final PreTrial Conference−6/29/2016 and Jury Selection/Trial to Follow−8/9/2016 and all other Scheduling Deadlines as stated in the Amended Rule 16 Scheduling Order [ECF No. 39] Dismissal Documents are due by 4/25/2016. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 04/01/2016)

March 31, 2016

March 31, 2016

42

EO: Joint Request by Counsel to extend the Dismissal Documents Due Date from 4/25/2016 to 5/9/2016 is hereby Granted. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

Case Details

State / Territory: Hawaii

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 18, 2013

Closing Date: May 9, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Equal Employment Opportunity Commission (EEOC)

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

County of Maui Police Department (Lahaina), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Available 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: $24,000

Order Duration: 2016 - 2019

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Monitoring

Training

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits