University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Shuford v. Alabama State Board of Education EE-AL-0098
Docket / Court 2:89-CV-00196 ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On February 24, 1989 a black male employee of a school in Alabama's postsecondary education system filed a complaint in the United States District Court for the Middle District of Alabama claiming that he had been discriminated on the basis of race. He specifically alleged that he had been denied ... read more >
On February 24, 1989 a black male employee of a school in Alabama's postsecondary education system filed a complaint in the United States District Court for the Middle District of Alabama claiming that he had been discriminated on the basis of race. He specifically alleged that he had been denied promotions because of his race. Subsequent complaints alleged that the defendant discriminated on the basis of race in hiring, promotions, and demotions by engaging in practices that were based on no standards and gave full discretion to those hiring who were almost always white males. These claims were based on 42 U.S.C. § 1981, 42 U.S.C. § 1983, Title VII (including PDA), 42 U.S.C. § 2000e, and Voting Rights Act of 1965. Plaintiff sought injunctive relief, damages, and fees.

On June 12, 1991 and October 19, 1993 several female employees intervened in the case alleging that the defendant also engaged in sex discrimination against female employees.

On November 19, 1993 the district court (Judge Myron H. Thompson) certified a class of all African American employees of Alabama's post-secondary education system who held or sought faculty or supervisory positions and gave preliminary approval to a consent decree regarding the claims of race discrimination.

On March 15, 1994 the court (Judge Thompson) approved a consent decree covering the claims of racial discrimination. The defendant agreed to adopt clear written guidelines addressing hiring and promotion procedures that specifically forbade discrimination and involved minorities in the decision making process. It also agreed to set hiring goals for African Americans and to maintain a pool of African American applicants, publicizing vacancies to those applicants. Finally it agreed to pay the plaintiff $45,000 and gave him a promotion. The injunction was originally to remain in force for seven years.

On October 22, 1993 the court (Judge Thompson) certified a class of all female professionals who may have been discriminated against by the defendant. On August 11, 1995 the court approved a consent decree as to the claims of sex discrimination. It required the defendant to develop a written policy regarding hiring and promotion that specifically forbade discrimination and to seek to hire and promote qualified white and black females. It also set hiring goals for the postsecondary education system regarding gender. It required the defendant to retain applicant pools of women and to actively recruit women. Finally it awarded the named class representative damages in the amount of $45,000.

While the court was supervising the consent decrees several actions were brought by individual class members. On May 23, 1997 the court (Magistrate Judge McPherson) found in favor of three female class members on some of their claims of gender discrimination and ordered that the parties negotiate back pay and that appropriate injunctive relief--promotion, seniority, tenure, etc.--be granted. On September 8, 1997 the court (Judge Thompson) granted the defendant's motion for summary judgment against an African American male who claimed he had been improperly dismissed as president of a community college. The case terminated on June 8, 2005 when the final notices of compliance were submitted to the court.

Michael Perry - 10/17/2010


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Goals and Timekeeping
Other requirements regarding hiring, promotion, retention
Promotion
Reporting
Utilize objective hiring/promotion criteria
Defendant-type
College/University
Discrimination-area
Hiring
Promotion
Discrimination-basis
Race discrimination
Sex discrimination
General
Disparate Impact
Disparate Treatment
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) Alabama State Board of Education
Plaintiff Description All African American and female employees of a collegiate institution under jurisdiction of the Alabama State Board of Education who were denied the ability to be promoted because of race.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1995
Case Ongoing No
Additional Resources
click to show/hide detail
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)
2:89-cv-00196 (M.D. Ala.) 06/28/2005
EE-AL-0098-9000.pdf | Detail
General Documents
Order (Approving the consent decree as to the race discrimination claims) (Includes consent decree) 03/15/1994 (846 F.Supp. 1511) (M.D. Ala.)
EE-AL-0098-0003.pdf | WESTLAW| LEXIS | External Link | Detail
Opinion (Approving the consent decree as to the consent discrimination claims)(Includes consent decree) 08/11/1995 (897 F.Supp. 1535) (M.D. Ala.)
EE-AL-0098-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order (Ruling that the defendant should have obtained preclearance for a change to the terms of members of the Board of Education) 03/20/1996 (920 F.Supp. 1233) (M.D. Ala.)
EE-AL-0098-0001.pdf | WESTLAW| LEXIS | External Link | Detail
Memorandum Opinion (Ruling in part for plaintiffs and in part for the defendant regarding the individuals claims of three class members) 05/23/1997 (968 F.Supp. 1486) (M.D. Ala.)
EE-AL-0098-0004.pdf | WESTLAW| LEXIS | External Link | Detail
Memorandum Opinion (Granting defendant's motion for summary judgment as to the complaint of one class member) 09/08/1997 (978 F.Supp. 1008) (M.D. Ala.)
EE-AL-0098-0002.pdf | WESTLAW| LEXIS | External Link | Detail
Judges Albritton, William Harold III (M.D. Ala.)
EE-AL-0098-0001 | EE-AL-0098-9000
Coody, Charles S. (M.D. Ala.) [Magistrate]
EE-AL-0098-9000
Dubina, Joel Fredrick (Eleventh Circuit, M.D. Ala.) [Magistrate]
EE-AL-0098-0001 | EE-AL-0098-9000
McPherson, Vanzetta Penn (M.D. Ala.) [Magistrate]
EE-AL-0098-0004 | EE-AL-0098-9000
Thompson, Myron Herbert (M.D. Ala., N.D. Ala.)
EE-AL-0098-0001 | EE-AL-0098-0002 | EE-AL-0098-0003 | EE-AL-0098-0005 | EE-AL-0098-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, John Wesley (Alabama)
EE-AL-0098-9000
Allen, Andrew Clay (Alabama)
EE-AL-0098-9000
Baker, Beverly P. (Alabama)
EE-AL-0098-9000
Beck, George (Alabama)
EE-AL-0098-9000
Berg, Maureen Kane (Alabama)
EE-AL-0098-9000
Blacksher, James U. (Alabama)
EE-AL-0098-0005 | EE-AL-0098-9000
Byrne, David Bryson Jr. (Alabama)
EE-AL-0098-9000
Caddell, Henry H (Alabama)
EE-AL-0098-9000
Cooper, Angelique (Alabama)
EE-AL-0098-9000
Davis, Terry G. (Alabama)
EE-AL-0098-9000
Dean, Brenton L (Alabama)
EE-AL-0098-9000
Englehart, John Mark (Alabama)
EE-AL-0098-9000
Falkenberry, John C. (Alabama)
EE-AL-0098-9000
Fitzpatrick , Raymond P. Jr. (Alabama)
EE-AL-0098-9000
Gray, Fred David Sr. (Alabama)
EE-AL-0098-9000
Hunt, Rebecca (Alabama)
EE-AL-0098-0005 | EE-AL-0098-9000
Kelly, Anita L. (Alabama)
EE-AL-0098-9000
Long, Cory H (Alabama)
EE-AL-0098-9000
Massey, W. Troy (Alabama)
EE-AL-0098-9000
Parchman, Afrika (Alabama)
EE-AL-0098-9000
Parker, James M (Alabama)
EE-AL-0098-9000
Pitters, Amardo Wesley (Alabama)
EE-AL-0098-9000
Proll, Leslie M. (District of Columbia)
EE-AL-0098-0005 | EE-AL-0098-9000
Riggs, Frank (Alabama)
EE-AL-0098-9000
Sapp, Ernestine (Alabama)
EE-AL-0098-9000
Seay, Solomon S. Jr. (Alabama)
EE-AL-0098-9000
Shoots, Vanessa A (Alabama)
EE-AL-0098-9000
Stein, Gregory B. (Alabama)
EE-AL-0098-9000
Thomas, Kenneth L. (Alabama)
EE-AL-0098-9000
Walston, Richard H. (Alabama)
EE-AL-0098-0005 | EE-AL-0098-9000 | EE-AL-0098-9000
Whatley, Joe R. Jr. (Alabama)
EE-AL-0098-9000 | EE-AL-0098-9000
Defendant's Lawyers Bachus, Spencer (Alabama)
EE-AL-0098-9000
Clark, Richard Scott (California)
EE-AL-0098-9000
Davis, Julian M (Alabama)
EE-AL-0098-0005 | EE-AL-0098-9000
Downs, Helen (Alabama)
EE-AL-0098-9000
Foshee, Jeff (Alabama)
EE-AL-0098-9000
George, Edward (Alabama)
EE-AL-0098-9000
Hogewood, Catherine (Alabama)
EE-AL-0098-9000
Hughes, Tessa (Alabama)
EE-AL-0098-9000
Jones, William Donald (Alabama)
EE-AL-0098-9000
Joseph, Anthony (Alabama)
EE-AL-0098-9000
Morgan, Randall (Alabama)
EE-AL-0098-9000
Pryor, William Holcombe Jr. (Alabama)
EE-AL-0098-9000
Schreiber, Joseph (Alabama)
EE-AL-0098-0005 | EE-AL-0098-9000
Templeton, Gerald (Alabama)
EE-AL-0098-0005 | EE-AL-0098-9000
Templeton, George A (Alabama)
EE-AL-0098-9000
Other Lawyers Carruthers, Thomas N. Jr. (Alabama)
EE-AL-0098-9000
Fisher, Samuel (Alabama)
EE-AL-0098-9000
Gardner, Cecil (Alabama)
EE-AL-0098-9000
McGowan, Candis A (Alabama)
EE-AL-0098-9000
Ray, Borden M. Jr. (Alabama)
EE-AL-0098-9000
Robertson, Ann C (Alabama)
EE-AL-0098-9000
Segall, Robert D. (Alabama)
EE-AL-0098-9000
Stokes, Theron (Alabama)
EE-AL-0098-9000
Wiggins, Robert L Jr. (Alabama)
EE-AL-0098-9000

- click to show/hide ALL -

new search
page permalink

- top of page -