U.S. Equal Employment Opportunity Commission v. Jacobson Memorial Hospital Care Center

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
U.S. Equal Employment Opportunity 	)
Commission, 	)
) 	ORDER GRANTION MOTION TO
Plaintiff, 	) 	INTERVENE
)
vs. 	)
)
Jacobson Memorial Hospital Care Center, 	) 	Case No. 1:23-cv-192
)
Defendant. 	)
______________________________________________________________________________
The Equal Employment Opportunity Commission ("EEOC") initiated the above-entitled
action as a result of Mammie M. Pierce’s (“Pierce”) discrimination charge and its subsequent
finding that there was reasonable cause to believe that defendant had unlawfully discriminated
against Pierce.
On October 23, 2023, Pierce filed a motion to intervene as a matter of right pursuant to
Fed. R. Civ. P. 24(a). 	(Doc. No. 7).
Rule 24(a)(1) provides that “[o]n timely motion, the court must permit anyone to intervene
who is given an unconditional right to intervene by a federal statute.” This case is brought by
EEOC pursuant to 42 U.S.C. § 2000e-5(f)(1). That section specifically provides that “[t]he person
or persons aggrieved shall have the right to intervene in a civil action brought by the [EEOC].”
The Eighth Circuit has construed section 42 U.S.C. § 2000e-5(f)(1) to confer an unconditional
right to intervene upon the charging party whose claim provides the basis for the EEOC action.
EEOC v. Woodman of World Life Ins. Co., 479 F.3d 561, 569 (8th Cir. 2007) ("Title VII explicitly
preserves the employee's unconditional right to vindicate her own interests by intervening in the
EEOC's enforcement action.").
Case 1:23-cv-00192-DMT-CRH Document 8 Filed 10/25/23 Page 1 of 2

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Accordingly, Pierce’s motion (Doc. No. 7) is GRANTED. 	Pierce shall file her
complaint with the court by October 30, 2023.
IT IS SO ORDERED.
Dated this 25th day of October, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:23-cv-00192-DMT-CRH Document 8 Filed 10/25/23 Page 2 of 2