University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Shelby County EE-TN-0136
Docket / Court 2:93-cv-03102-oh ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On December 22, 1993, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the Western District of Tennessee against the Board of County Commissioners of Shelby County. The D.O.J. sought ... read more >
On December 22, 1993, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the Western District of Tennessee against the Board of County Commissioners of Shelby County. The D.O.J. sought injunctive and monetary relief, alleging that the defendant violated Title VII by refusing to promote an employee in retaliation for an EEOC complaint the employee previously filed.

The complaint alleges that the defendant violated Title VII by: (1) failing or refusing to promote the employee to the position of Deputy Jailer IV because he filed a charge with EEOC alleging race discrimination; and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.

On December 22, 1993, the District Court (Chief Judge Odell Horton) entered a consent decree ordering the defendant to: (1) offer the employee a promotion into a Deputy Jailer IV position, with a seniority date of May 1, 1991; (2) offer a monetary reward, representing retroactive salary increases from Deputy Jailer III to Deputy Jailer IV, with interest; (3) contribute their full share to a pension plan the plaintiff would have had if he had been promoted to a Deputy Jailer IV.

The docket ends with the entry of the consent decree. We have no further information.

Hyun Jeong Yang - 11/18/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Corrections
Discrimination-area
Promotion
Discrimination-basis
Race discrimination
General
Retaliation
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Race, unspecified
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) A. C. Gilless
Board of County Commissioners of Shelby County
Plaintiff Description United States on behalf of an employee alleging retaliation
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1993 - n/a
Case Closing Year 1995
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:93-cv-03102-oh (W.D. Tenn.) 03/03/1995
EE-TN-0136-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 12/22/1993
EE-TN-0136-0003 PDF | Detail
Judges Horton, Odell (W.D. Tenn.)
EE-TN-0136-0003 | EE-TN-0136-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chun, Marisa A (California)
EE-TN-0136-9000
Halmon, Harriett M. (Tennessee)
EE-TN-0136-9000
Defendant's Lawyers McLean, Hite Jr. (Tennessee)
EE-TN-0136-0003 | EE-TN-0136-9000
Other Lawyers None on record

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