University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Shipes v. Trinity Industries EE-TX-0445
Docket / Court 6:80-CV-462 ( E.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On December 16, 1980, an individual employee filed a lawsuit under 42 U.S.C. § 1981 in the United States District Court for the Eastern District of Texas against his employer, Trinity Industries. The plaintiff, represented by private counsel, asked the court for compensation, back-pay, and ... read more >
On December 16, 1980, an individual employee filed a lawsuit under 42 U.S.C. § 1981 in the United States District Court for the Eastern District of Texas against his employer, Trinity Industries. The plaintiff, represented by private counsel, asked the court for compensation, back-pay, and injunctive relief because of alleged racial discrimination in placement, promotion, and hiring practices. Specifically, the plaintiff alleged that foremen positions were denied to qualified African-Americans. The employee sought to represent a class of similarly situated employees, and class certification was granted. The plaintiffs prevailed and the court awarded attorney's fees and costs. Shipes v. Trinity Industries, Inc., 685 F. Supp. 612 (E. D. Tex. 1987).

According to the PACER docket, on October 1, 1990, the court (Judge Justice) ordered that the defendant's liability for discrimination in promotions included liability for discrimination in promotions and in hiring. Injunctive relief was granted, and Trinity Industries created new standards for hiring and promoting African Americans. Additionally, back pay was rewarded. The parties continued to squabble about the payments of fees, and the case was finally closed February 6, 2002.

No further information on this case is available, as no court documents were accessible.

Emily Kuznick - 04/08/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Transportation
Discrimination-area
Hiring
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Defendant(s) Trinity Industries Transportation Inc.
Plaintiff Description African-American employees
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Unknown
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2002
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)
80-CV-462 (E.D. Tex.) 01/06/2006
EE-TX-0445-9000 PDF | Detail
General Documents
Opinion 12/07/1987 (685 F.Supp. 611) (E.D. Tex.)
EE-TX-0445-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 12/07/1987 (685 F.Supp. 607) (E.D. Tex.)
EE-TX-0445-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 12/28/1987 (685 F.Supp. 612) (E.D. Tex.)
EE-TX-0445-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Motion to Dismiss Action 01/14/2002
EE-TX-0445-0001 PDF | Detail
Judges Justice, William Wayne (E.D. Tex.)
EE-TX-0445-0002 | EE-TX-0445-0003 | EE-TX-0445-0004 | EE-TX-0445-9000
Ward, T. John (E.D. Tex.)
EE-TX-0445-0001 | EE-TX-0445-9000
Monitors/Masters None on record
Plaintiff's Lawyers Daves, Larry R. (Texas)
EE-TX-0445-0002 | EE-TX-0445-0003 | EE-TX-0445-0004
Hahn, Ellen Bentley (Louisiana)
EE-TX-0445-0002 | EE-TX-0445-0003 | EE-TX-0445-0004 | EE-TX-0445-9000
Yancy, Bernard (Colorado)
EE-TX-0445-0002 | EE-TX-0445-0003 | EE-TX-0445-0004
Defendant's Lawyers Brown, Russell Clay (Texas)
EE-TX-0445-0001 | EE-TX-0445-9000
Harper, George A (Georgia)
EE-TX-0445-0002 | EE-TX-0445-0003 | EE-TX-0445-0004 | EE-TX-0445-9000
Marsh, Toby L. (Texas)
EE-TX-0445-0002
Rader, Robert E. Jr. (Texas)
EE-TX-0445-0002 | EE-TX-0445-0003 | EE-TX-0445-0004
Other Lawyers Garrigan, Timothy Borne (Texas)
EE-TX-0445-9000

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