Case: EEOC v. ACTION, INC.

5:05-cv-00749 | U.S. District Court for the Western District of Oklahoma

Filed Date: June 30, 2005

Closed Date: June 20, 2008

Clearinghouse coding complete

Case Summary

In June 2005, the Oklahoma City Area Office of the EEOC brought this lawsuit against Action, Inc. in the U.S. District Court for the Western District of Oklahoma alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the two charging parties, male employees, to a sexually hostile work environment resulting in the constructive, and in one case retaliatory, discharge of the charging p…
In June 2005, the Oklahoma City Area Office of the EEOC brought this lawsuit against Action, Inc. in the U.S. District Court for the Western District of Oklahoma alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the two charging parties, male employees, to a sexually hostile work environment resulting in the constructive, and in one case retaliatory, discharge of the charging parties. The charging parties intervened in the lawsuit in October 2005. Following a successful motion for partial summary Judgment by the EEOC, the parties settled the lawsuit in June 2006 through a consent decree.The two-year decree, containing agreements not to discriminate or retaliate, required the defendant to: expunge the complainants' employment record of any reference to the lawsuit, post notice of employee rights and provide anti-discrimination training to all employees once a year for two years, implement a dispute resolution mechanism, report to the EEOC regarding internal complaints of sexual harassment and pay $40,000 to be distributed among two individuals. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

David Friedman (10/22/2007)

Clearinghouse (6/11/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12186267/parties/equal-employment-opportunity-commission-v-action-inc/


Documents in the Clearinghouse

Documents in this case

5:05-cv-00749

Docket

Equal Employment Opportunity Commission v. Action Inc

June 20, 2006

June 20, 2006

Docket
1

5:05-cv-00749

Complaint

EEOC v. Action INC.

June 30, 2005

June 30, 2005

Complaint
11-2

5:05-cv-00749

Plaintiffs' Intervenor Complaint

Equal Employment Opportunity Commission, et al v. Action, Inc.

Sept. 13, 2005

Sept. 13, 2005

Complaint
29

5:05-cv-00749

Order [granting plaintiff's motion for partial summary judgment]

Equal Employment Opportunity Commission v. Action, Inc.

May 15, 2006

May 15, 2006

Order/Opinion
33

5:05-cv-00749

Consent Decree

Equal Employment Opportunity Commission, et al v. Action, Inc.

June 20, 2006

June 20, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12186267/equal-employment-opportunity-commission-v-action-inc/

Last updated Nov. 4, 2025, 10:40 a.m.

ECF Number Date Description Link
1 June 30, 2005

COMPLAINT against Action Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(brs, ) (Entered: 06/30/2005)

Clearinghouse
2 June 30, 2005

ENTRY of Appearance by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (brs, ) (Entered: 06/30/2005)

PACER
3 June 30, 2005

GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing (brs, ) (Entered: 06/30/2005)

PACER
4 July 6, 2005

PRAECIPE for 1 summons by Equal Employment Opportunity Commission. (brs, ) (Entered: 07/07/2005)

PACER
July 7, 2005

Summons Issued as to Action Inc. (brs, ) (Entered: 07/07/2005)

PACER
5 July 20, 2005

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Action Inc served on 7/14/2005, answer due 8/3/2005. (Robertson, Michelle) (Entered: 07/20/2005)

PACER
6 Aug. 3, 2005

ENTRY of Appearance by Robert L Magrini on behalf of Action Inc (Magrini, Robert) (Entered: 08/03/2005)

PACER
7 Aug. 3, 2005

ENTRY of Appearance by Evan B Gatewood on behalf of Action Inc (Gatewood, Evan) (Entered: 08/03/2005)

PACER
8 Aug. 3, 2005

ANSWER to Complaint by Action Inc.(Gatewood, Evan) (Entered: 08/03/2005)

PACER
9 Aug. 11, 2005

DOCKET: Scheduling Conference set for 10/5/2005 at 09:20 AM in Chambers before Honorable Lee R. West. (brs, ) (Entered: 08/11/2005)

PACER
10 Sept. 13, 2005

FIRST THIRD PARTY COMPLAINT against all defendants, filed by James Edward Owings, Lance Adrian Whisennand.(Coulson, Michael) (Entered: 09/13/2005)

PACER
11 Sept. 13, 2005

FIRST INTERVENOR COMPLAINT, filed by Action Inc. (Attachments: # 1 Attachment 1 - Intervenor Complaint# 2 Attachment 2 - Proposed Order)(Coulson, Michael) (Entered: 09/13/2005)

PACER
12 Sept. 13, 2005

ORDER that the Court SRIKES Document 10 Third Party Complaint filed by James Edward Owings, Lance Adrian Whisennand . Signed by Judge Lee R. West on 9/13/05. (brs, ) (Entered: 09/13/2005)

PACER
Sept. 13, 2005

Docket Annotation: Document number 11 should be filed as a Motion to Intervene, NOT as a First Intervenor Complaint. (brs, ) (Entered: 09/13/2005)

PACER
Sept. 14, 2005

Docket Annotation: Pursuant to document number 12 the Third Party Plaintiffs and Third Party Defendant have been terminated. (brs, ) (Entered: 09/14/2005)

PACER
13 Sept. 28, 2005

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission. (Costas, Toby) (Entered: 09/28/2005)

PACER
14 Oct. 4, 2005

ORDER that the Court grants the Motion to Intervene re 11 and directs the movants to file their complaint in intervention within 5 days of this order . Signed by Judge Lee R. West on 10/4/05. (brs, ) (Entered: 10/04/2005)

PACER
15 Oct. 5, 2005

SCHEDULING ORDER: Motions to join due 10/5/05; Motions to amend due 10/5/05; Pla witness list due 12/1/05; Pla exhibit list due 12/1/05; Dft witness list due 10 days t/a; Dft exhibit list due 10 days t/a; Motions in limine due 8/1/06; Jury instructions due 8/1/06; Trial briefs due 8/1/06; Discovery due by 7/1/2006. Jury Trial set for 8/14/2006 at 09:00 AM in Courtroom #303 before Honorable Lee R. West. Motions due by 4/1/2006. Pretrial Report due by 8/1/2006.. Signed by Judge Lee R. West on 10/5/05. (brs, ) (Entered: 10/05/2005)

PACER
16 Oct. 6, 2005

FIRST INTERVENOR COMPLAINT, filed by James Edward Owings, Lance Adrian Whisennand.(Coulson, Michael) (Entered: 10/06/2005)

PACER
17 Oct. 7, 2005

ANSWER to Intervenor Complaint by Action Inc.(Gatewood, Evan) (Entered: 10/07/2005)

PACER
18 Nov. 3, 2005

DISCLOSURE STATEMENT - CORPORATE by Action Inc, Action Inc. (Gatewood, Evan) (Entered: 11/03/2005)

PACER
19 Dec. 1, 2005

Exhibit List / Witness List for Plaintiffs EEOC & Intervenors by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 12/01/2005)

PACER
20 Dec. 6, 2005

OBJECTIONS re 19 Exhibit List / Witness List filed by Action Inc, Action Inc. (Gatewood, Evan) (Entered: 12/06/2005)

PACER
21 Dec. 6, 2005

Exhibit List / Witness List by ThirdParty Defendant Action Inc, Defendant Action Inc. (Gatewood, Evan) (Entered: 12/06/2005)

PACER
22 Dec. 13, 2005

OBJECTIONS re 21 Exhibit List / Witness List of Defendant filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 12/13/2005)

PACER
23 Feb. 17, 2006

ENTRY of Appearance by Barbara A Seely on behalf of Equal Employment Opportunity Commission (Seely, Barbara) (Entered: 02/17/2006)

PACER
24 Feb. 24, 2006

ENTRY of Appearance by Robert G Johnson on behalf of Equal Employment Opportunity Commission (Johnson, Robert) (Entered: 02/24/2006)

PACER
25 April 3, 2006

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Page, Table of Contents and Table of Authorities# 2 Exhibit 1 - Complaints# 3 Exhibit 2-Whisennand Intake Q, part 1# 4 Exhibit 2-Whisennand intake Q, part b# 5 Exhibit 3- Whisennand Charge# 6 Exhibit 4- Whisennand S.Harassment Q.# 7 Exhibit 5-Owings Intake Q, part a# 8 Exhibit 5-Owings Intake Q, part b# 9 Exhibit 6-Owings Charge# 10 Exhibit 7-Admissions of Defendant# 11 Exhibit 8-Letter by Defendant# 12 Exhibit 9- Notice of Charges# 13 Exhibit 10-Request for Information by EEOC# 14 Exhibit 10a-Letter by Defendant# 15 Exhibit 11-Letters of Determination# 16 Exhibit 12- Conciliation letter by EEOC# 17 Exhibit 13-Conciliation Failure ltr) (Robertson, Michelle) (Entered: 04/03/2006)

PACER
26 April 21, 2006

MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by Action Inc, Action Inc. (Gatewood, Evan) (Entered: 04/21/2006)

PACER
27 April 26, 2006

ORDER granting 26 Motion for Extension of Time to File Response re 25 MOTION for Summary Judgment, Response due by 5/3/2006. Signed by Judge Lee R. West on 4/26/06. (brs, ) (Entered: 04/26/2006)

PACER
28 May 1, 2006

RESPONSE to Motion re 25 MOTION for Summary Judgment filed by Action Inc, Action Inc. (Attachments: # 1 Affidavit Affidavit of Donny Cook# 2 Receipt Affidavit of Alan Wright# 3 Attachment Action's Answers to EEOC's Interrogatories)(Gatewood, Evan) (Entered: 05/01/2006)

PACER
29 May 15, 2006

ORDER granting 25 Plaintiff's Motion for Partial Summary Judgment . Signed by Judge Lee R. West on 5/15/06. (brs, ) (Entered: 05/15/2006)

Clearinghouse
30 May 16, 2006

NOTICE of Change of Address by Michelle M Robertson (Robertson, Michelle) (Entered: 05/16/2006)

PACER
31 May 31, 2006

ADR REPORT BY MEDIATOR / EVALUATOR (Barghols, Steven) (Entered: 05/31/2006)

PACER
32 June 19, 2006

MOTION for Order to Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Consent Decree with attached Notice)(Robertson, Michelle) (Entered: 06/19/2006)

PACER
33 June 20, 2006

CONSENT DECREE ORDER re 32. Signed by Judge Lee R. West on 6/20/06. (brs, ) (Entered: 06/20/2006)

Clearinghouse

Case Details

State / Territory:

Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2005

Closing Date: June 20, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private 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

Action, Inc.

Case Details

Causes of Action:

State law

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

Other Dockets:

Western District of Oklahoma 5:05-cv-00749

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:

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 40000

Order Duration: 2006 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation