University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Massie v. IDOT EE-IL-0273
Docket / Court 1:96-cv-04830 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On August 6, 1996, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, and 42 U.S.C. § 1983, against his employer, the Illinois Department of Transportation ("IDOT"), in the United States District Court for the ... read more >
On August 6, 1996, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, and 42 U.S.C. § 1983, against his employer, the Illinois Department of Transportation ("IDOT"), in the United States District Court for the Northern District of Illinois . The plaintiff, represented by private counsel, alleged intentional discrimination and disparate impact and asked the court for injunctive and monetary relief. The plaintiff alleged that in December 1991, IDOT had adopted a policy that only applied to maintainers, who were heavy construction equipment operators eligible for promotion to lead worker, a policy restricting the promotion of otherwise qualified black maintainers to the position of lead worker. Specifically, he contended that he was denied promotions on multiple occasions in favor of a white applicant with the same or lesser credentials. The plaintiff sought to act on behalf of a plaintiff class of similarly situated employees.

On June 5, 1998, the court (Judge Charles Ronald Norgle Sr.) granted class certification to African-American employees, specifically highway maintainers stationed in Cook County for two or more years, who had not been promoted to position of heavy construction equipment operator or lead worker. Massie v. IDOT, 1998 WL 312021 (N.D. Ill. 1998). Though two years of settlement efforts were unsuccessful and a jury trial was set to begin on April 3, 2000, a consent decree was signed and filed by the parties on April 12, 2000, granting class members monetary and injunctive relief, which included the equal training of employees. The purposes of the decree were to ensure that class members were "afforded equal opportunity for promotions regardless of race and/or color" and to provide injunctive and monetary relief for class members. McGee v. IDOT, 2002 WL 31478261 (N.D. Ill. 2002). According to the PACER docket, on June 12, 2000, the court (Judge Sidney I. Schenkier) granted the class counsels' motion for an award of attorney fees and litigation costs, granted the final approval of the class settlement and consent decree, and dismissed the case.

Emily Kuznick - 04/02/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Transportation
Discrimination-area
Promotion
Training
Discrimination-basis
Race discrimination
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) Illinois Department of Transportation
Plaintiff Description African American employees, specifically Highway Maintainers stationed in Cook County, Illiniois for two or more years, who had not been promoted to position of Heavy Construction Equipment Operator.
Indexed Lawyer Organizations None on record
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Case Listing EE-IL-0277 : McGee v. Illinois Department of Transportation (N.D. Ill.)
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)
1:96-cv-04830 (N.D. Ill.) 07/23/2001
EE-IL-0273-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order 06/05/1998 (1998 WL 312021 / 1998 U.S.Dist.LEXIS 8680) (N.D. Ill.)
EE-IL-0273-0001.pdf | WESTLAW| LEXIS | Detail
Judges Norgle, Charles Ronald Sr. (N.D. Ill.)
EE-IL-0273-0001 | EE-IL-0273-9000
Schenkier, Sidney I. (N.D. Ind.) [Magistrate]
EE-IL-0273-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burger, Joan Harlow (Illinois)
EE-IL-0273-9000
Franklin, Jamie S (Illinois)
EE-IL-0273-9000
Levinson, Roberta A (Illinois)
EE-IL-0273-9000
Mulder, Michael M (Illinois)
EE-IL-0273-9000
Defendant's Lawyers Ioppolo, Thomas A. (Illinois)
EE-IL-0273-9000
Maine, Meghan (Illinois)
EE-IL-0273-9000
Popovic, Marina (Illinois)
EE-IL-0273-9000
Smith, Cara LeFevour (Illinois)
EE-IL-0273-9000
Other Lawyers None on record

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