University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Allen v. International Truck and Engine EE-IN-0126
Docket / Court 1:02-cv-0902 ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On October 16, 2001, a group of current and former African-American employees and job applicants filed a lawsuit against Defendant under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Northern District of Illinois. The Plaintiffs, represented by private counsel, asked the court ... read more >
On October 16, 2001, a group of current and former African-American employees and job applicants filed a lawsuit against Defendant under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Northern District of Illinois. The Plaintiffs, represented by private counsel, asked the court for monetary and injunctive relief, alleging that they and other similarly-situated African-American employees had suffered and continued to suffer racial harassment and a hostile work environment as well as racial discrimination.

On May 21, 2002, the case was transferred to the U.S. District Court for the Southern District of Indiana. On July 28, 2004, the Court certified the hostile work environment class as a hybrid class consisting of an injunctive relief class under Federal Rules of Civil Procedure ("FRCP") 23(b)(2) and a monetary class under FRCP 23(b)(3) for purposes of liability.

On September 19, 2006, the phase one trial on the class certified pattern and practice racially hostile work environment claims commenced. The trial continued through September 22, 2006. On September 25, 2006, before the Plaintiffs had finished presenting their evidence, the parties reached a monetary settlement and requested additional time to consummate a complete and final settlement of the non-monetary claims. The Court ordered that the trial remain in recess until further notice to allow the parties to complete the settlement process.

On June 22, 2007, the parties submitted their Consent Decree to the Court. On February 25, 2008, the Court granted the motion to enter Consent Decree nunc pro tunc as of June 22, 2007. According to the Consent Decree, Defendant agreed to set up a settlement fund of $9 million and to adopt a series of measures to eliminate and reduce race discrimination.

Kunyi Zhang - 01/20/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Reporting
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Training
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) INTERNATIONAL TRUCK AND ENGINE CORPORATION
Plaintiff Description Plaintiffs are current and former African-American employees, and job applicant of defendant.
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 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 2007
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)
1:02-cv-00902 (S.D. Ind.) 06/10/2002
EE-IN-0126-9001.pdf | Detail
1:02-cv-00902 (S.D. Ind.) 09/14/2010
EE-IN-0126-9002.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting EEOC's Motion to Quash Subpoena 03/21/2003 (2003 WL 1522942) (S.D. Ind.)
EE-IN-0126-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
Order Denying Defendant's Motion for Summary Judgment 03/14/2006 (2006 WL 694345) (S.D. Ind.)
EE-IN-0126-0003.pdf | WESTLAW | Detail
Consent Decree 06/22/2007
EE-IN-0126-0001.pdf | Detail
Judges Baker, Tim A. (S.D. Ind.) [Magistrate]
EE-IN-0126-0002 | EE-IN-0126-9002
Young, Richard L. (S.D. Ind.)
EE-IN-0126-0001 | EE-IN-0126-0003 | EE-IN-0126-9002
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Russell Wayne (Alabama)
EE-IN-0126-9002
Brodnik, Thomas A. (Indiana)
EE-IN-0126-0003 | EE-IN-0126-9001 | EE-IN-0126-9002
Calamusa, Rocco Jr. (Alabama)
EE-IN-0126-9002
Clayton, Fay (Illinois)
EE-IN-0126-0001 | EE-IN-0126-0003 | EE-IN-0126-9002
Fisher, Samuel (Alabama)
EE-IN-0126-0001 | EE-IN-0126-0003 | EE-IN-0126-9002
Hailey, Richard D. (Indiana)
EE-IN-0126-0001 | EE-IN-0126-9002
Hyndman, Cynthia H. (Illinois)
EE-IN-0126-9002
Jent, Kevin W. (Alabama)
EE-IN-0126-9002
Jones, Carol A. (Illinois)
EE-IN-0126-9001
Oliver, Darlene M. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9002
Ratliff, Anthony B. (Indiana)
EE-IN-0126-0003 | EE-IN-0126-9002
Travis, Kristen (Illinois)
EE-IN-0126-9002
Defendant's Lawyers Bickham, Harold R. (Indiana)
EE-IN-0126-9002
Gaur, Shanthi V. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9002
Jones, Linzey D. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9001
Levine, Laurence H. (Illinois)
EE-IN-0126-9002
Mester, Mark S. (Illinois)
EE-IN-0126-0001 | EE-IN-0126-9002
Parsons, David J. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9001 | EE-IN-0126-9002
Phillips, Garrison L. (Illinois)
EE-IN-0126-0003
Prather, Robert Anthony (Indiana)
EE-IN-0126-9002
Other Lawyers Fague, Terence Leslie (Ohio)
EE-IN-0126-9002

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