Case: EEOC v. American Industrial Sales Corp

6:06-cv-06426 | U.S. District Court for the Western District of New York

Filed Date: Aug. 23, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 23, 2006, the New York and Boston offices of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against American Industrial Sales Corp. in the U.S. District Court for the Western District of New York. The complaint was brought under Title VII of the Civil Rights Act of 1964, alleging that the corporation had engaged in sex discrimination against an individual complainant employee and a class of similarly situated women. The EEOC sought injunctive and monetary reli…

Specifically, EEOC alleged that the company's owner, President, and Vice President had engaged in sexually harassing conduct, including inappropriate and unwanted touching, sexual advances, and demands for sexual favors, all of which had created a hostile work environment. When individual employees complained about these actions, they were terminated.

For the following year the parties engaged in discovery. In September 2007, Judge Jonathan W. Feldman referred the case to mediation.

On May 13, 2008, the court entered a consent decree. This decree required the defendants to adopt anti-discrimination policies, train their employees to adhere to the policies, report to the EEOC regarding discrimination complaints, and pay the plaintiffs $ 375,000 in monetary damages. The court maintained jurisdiction over the decree for three years.

This case is now closed.

Summary Authors

Justin Kanter (5/28/2008)

Sean Whetstone (5/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12453877/parties/equal-employment-opportunity-commission-v-american-industrial-sales-corp/

Judge(s)

Telesca, Michael Anthony (New York)

Judge(s)

Telesca, Michael Anthony (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

6:06-cv-06426	Docket [PACER] Equal Employment Opportunity Commission v. American Industrial Sales Corp.	May 13, 2008	May 13, 2008 Docket
1 6:06-cv-06426	Complaint EEOC v. American Industrial Sales Corp. d/b/a RAK Industries, Inc.	Aug. 23, 2006	Aug. 23, 2006 Complaint
30 6:06-cv-06426	Consent Decree	May 13, 2008	May 13, 2008 Settlement Agreement

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Resources

Resources related to this case
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/12453877/equal-employment-opportunity-commission-v-american-industrial-sales-corp/

Last updated April 8, 2025, 7:13 p.m.

ECF Number	Date	Description	Link
1	Aug. 23, 2006	COMPLAINT against American Industrial Sales Corp., filed by Equal Employment Opportunity Commission.(JHF) (Entered: 08/23/2006)	Clearinghouse
	Aug. 23, 2006	Summons Issued as to American Industrial Sales Corp.(JHF) (Entered: 08/23/2006)	PACER
2	Oct. 2, 2006	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. American Industrial Sales Corp. waiver sent on 8/28/2006, answer due 10/27/2006. (Palacios, R) (Entered: 10/02/2006)	PACER
3	Oct. 25, 2006	ANSWER to Complaint by American Industrial Sales Corp..(Heary, Robert) (Entered: 10/25/2006)	PACER
4	Oct. 25, 2006	CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 3 Answer to Complaint (Heary, Robert) (Entered: 10/25/2006)	PACER
5	Oct. 26, 2006	ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Michael A. Telesca on October 26, 2006. (MS, ) (Entered: 10/26/2006)	PACER
6	Oct. 27, 2006	ORDER Scheduling Conference set for 11/29/2006 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/27/2006. (RO) (Entered: 10/27/2006)	PACER
7	Nov. 14, 2006	REPORT of Rule 26(f) Planning Meeting. (Heary, Robert) (Entered: 11/14/2006)	PACER
9	Nov. 29, 2006	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 11/29/2006. Order issued. (RO) (Entered: 12/06/2006)	PACER
8	Dec. 1, 2006	ORDER: Discovery due by 12/31/2007. Join Parties/Amend Pleadings due by 7/1/2007. Motions due by 2/28/2008. Signed by Hon. Jonathan W. Feldman on 11/29/06. (JHF) Modified on 1/16/2007. (JHF) (Entered: 12/01/2006)	PACER
10	Jan. 16, 2007	NOTICE of Appearance by Margaret Ann Malloy on behalf of Equal Employment Opportunity Commission. Attachment: # 1 Certificate of Service.(JHF) (Entered: 01/18/2007)	PACER
	Jan. 16, 2007	E−Filing Notification: re 8 ORDER, corrected deadline of Join Parties/Amend Pleadings due by to 7/1/2007. Set/Reset Deadlines: Join Parties/Amend Pleadings due by 7/1/2007. (JHF) (Entered: 01/16/2007)	PACER
11	June 29, 2007	MOTION for Extension of Time to File Amended Pleading or Add Parties by Equal Employment Opportunity Commission.Motions referred to Jonathan W. Feldman.(Malloy, Margaret) (Entered: 06/29/2007)	PACER
13	July 30, 2007	NOTICE of Appearance by Christopher J. Harrigan on behalf of American Industrial Sales Corp. (Harrigan, Christopher) (Entered: 07/30/2007)	PACER
14	July 31, 2007	MOTION to Compel Discovery Responses Relating to Employee Identities by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 07/31/2007)	PACER
15	July 31, 2007	AFFIDAVIT in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff's First Set of Interrogatories# 2 Exhibit Plaintiff's First Set of Document Requests# 3 Exhibit Defendant's Response to Plaintiff's First Set of Interrogatories# 4 Exhibit Defendant's Response to Plaintiff's First Set of Document Requests# 5 Exhibit Letter dated June 12, 2007 from Defendant to Plaintiff# 6 Exhibit Memo Endorsed letter re extension of time to add parties# 7 Exhibit Letter dated July 13, 2007 from Plaintiff to Defendant# 8 Exhibit Letter dated July 18, 2007 from Defendant to Plaintiff)(Malloy, Margaret) (Entered: 07/31/2007)	PACER
16	July 31, 2007	MEMORANDUM in Support re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 07/31/2007)	PACER
	Aug. 29, 2007	NOTICE of Hearing on Motion 14 MOTION to Compel Discovery Responses Relating to Employee Identities : Responses due by 9/19/2007 Motion Hearing (oral argument) set for 10/5/2007 10:00 AM in Courtroom 3 before Hon. Jonathan W. Feldman. (LMD) (Entered: 08/29/2007)	PACER
	Aug. 29, 2007	E−Filing Notification: 11 MOTION for Extension of Time to File Amended Pleading or Add Parties PLEASE NOTE: Letters are not e−filed. In the future letter requests such as this should be mailed or faxed to the Court. (LMD) (Entered: 08/29/2007)	PACER
17	Sept. 19, 2007	MEMORANDUM in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Heary, Robert) (Entered: 09/19/2007)	PACER
18	Sept. 19, 2007	AFFIDAVIT of Robert P. Heary in Opposition re 14 MOTION to Compel Discovery Responses Relating to Employee Identities filed by American Industrial Sales Corp.. (Attachments: # 1 Exhibit Ashlea Crawford Discrimination Charge# 2 Exhibit EEOC Initial Disclosures# 3 Exhibit EEOC Supplemental Disclosures# 4 Exhibit July 26, 2007 Correspondence)(Heary, Robert) (Entered: 09/19/2007)	PACER
19	Sept. 20, 2007	CERTIFICATE OF SERVICE by American Industrial Sales Corp. re 18 Affidavit in Opposition to Motion, 17 Memorandum in Opposition to Motion (Heary, Robert) (Entered: 09/20/2007)	PACER
20	Sept. 27, 2007	ORDER REFERRING CASE to Mediation. First Mediation Session due by 11/30/2007. Mediation To End by 11/30/2007. In the event settlement is not reached, Oral Argument re 14 motion to compel set for 12/11/2007 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 9/27/07. (JHF) (Entered: 09/27/2007)	PACER
21	Oct. 15, 2007	LETTER ORDER granting extension of time. Stipulation of Selection of Mediator due by 10/19/2007. Signed by Hon. Jonathan W. Feldman on 10/15/2007. (RJO) (Entered: 10/15/2007)	PACER
22	Oct. 19, 2007	Stipulation−Selection of Mediator by American Industrial Sales Corp.(Heary, Robert) (Entered: 10/19/2007)	PACER
23	Oct. 22, 2007	LETTER ORDER granting the parties joint request to modify the 11/29/06 scheduling order to extend all unexpired deadlines for 3 months. Signed by Hon. Jonathan W. Feldman on 10/22/2007. (LMD) (Entered: 10/23/2007)	PACER
24	Oct. 23, 2007	ORDER Fact Discovery due by 3/31/2008, Plaintiff's shall identify expert witnesses by 1/31/2008, Defendants shall identify expert witnesses by 2/29/2008, All discovery relating to experts shall be completed by 3/31/2008, and Dispositive Motions due by 5/28/2008. Signed by Hon. Jonathan W. Feldman on 10/23/2007. (LMD) (Entered: 10/23/2007)	PACER
26	Nov. 30, 2007	LETTER ORDER granting request for a three week extension. Counsel to contact the Court upon completion of mediation. Oral Argument set for 1/22/2008 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 11/30/2007. (RJO) (Entered: 12/03/2007)	PACER
27	Dec. 26, 2007	LETTER ORDER granting mediation extension to 1/18/2008. Signed by Hon. Jonathan W. Feldman on 12/26/2007. (RJO) (Entered: 12/26/2007)	PACER
28	Jan. 18, 2008	LETTER ORDER granting mediation extension to 2/1/2008 and withdrawing without prejudice 14 MOTION to Compel. Signed by Hon. Jonathan W. Feldman on 1/18/08. (JHF) (Entered: 01/18/2008)	PACER
29	March 17, 2008	LETTER ORDER granting mediation extension to 4/15/2008. Signed by Hon. Jonathan W. Feldman on 3/17/2008. (RJO) (Entered: 03/17/2008)	PACER
30	May 13, 2008	CONSENT DECREE AND ORDER. Exhibit D filed under seal. Signed by Hon. Michael A. Telesca on 5/12/08. (JHF) (Entered: 05/13/2008)	Clearinghouse
31	May 13, 2008	Sealed Document. (JHF) (Entered: 05/13/2008)	PACER

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Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 23, 2006

Closing Date: 2011

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

Private Entity/Person

American Industrial Sales Corp.

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Western District of New York 6:06-cv-06426

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Training

Amount Defendant Pays: 375,000

Order Duration: 2008 - 2011

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. American Industrial Sales Corp, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/8180/ (last updated 5/21/2018).