University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Bacon v. Honda of America Manufacturing. Inc. EE-OH-0097
Docket / Court 2:99-cv-00803 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Equal Employment
Case Summary
On August 19, 1999, two employees filed a lawsuit against their employer, Honda of American Manufacturing Inc., in the United States District Court for the Southern District of Ohio under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.,, 42 U.S.C. § 1981, Ohio Rev. Code Ann. � ... read more >
On August 19, 1999, two employees filed a lawsuit against their employer, Honda of American Manufacturing Inc., in the United States District Court for the Southern District of Ohio under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.,, 42 U.S.C. § 1981, Ohio Rev. Code Ann. § 4112.99, and Ohio common law. The plaintiffs, represented by private counsel, alleged that the defendant engaged in a pattern and practice of discrimination, resulting in disparate impact and disparate treatment, and asked the court for injunctive and declaratory relief. Specifically, the plaintiffs alleged that the employer discriminated against African Americans by denying them favorable positions, skilled positions, transfers and promotions, through the operation of a "buddy system," and through the use of both objective and subjective employment criteria. They asked the court for declaratory and injunctive relief, promotion to desired positions, the implementation of sensitivity, training, an employee grievance system and an equal employment opportunity program under the supervision of a court-appointed expert for two years, compensatory damages, and back pay. Bacon v. Honda of America Mfg. Inc., 205 F.R.D. 466, (S.D. Ohio 2001).

On September 29, 2000, the plaintiffs moved for class certification. They sought a class consisting of all current and former African-American employees who had been employed by the defendant since 1977. On March 7, 2001, the court denied class certification, holding that commonality had not been established. Bacon v. Honda of America Mfg. Inc., 205 F.R.D. 466, (S.D. Ohio 2001). The plaintiffs appealed this ruling, yet on May 27, 2004 the United States Court of Appeals for the Sixth Circuit (Judge Boggs) affirmed the District Court's denial of class certification and granted summary judgment to Honda of America Manufacturing Inc.

Additionally, on January 26, 2001, the defendant moved for summary judgment against the named plaintiff and on February 16, 2001, the defendant moved for summary judgment against another plaintiff. On April 4, 2001, the court (Judge Graham) granted the motions for summary judgment.

On May 3, 2001, the plaintiffs appealed the judgment. Summarily, on May 16, 2001, the court (Judge Graham) issued an order directing a final judgment in favor of the defendant.

On February 13, 2002, the defendant moved to strike the plaintiffs' class claims and on March 26, 2002, the court (Judge Graham) granted the motion. On December 18, 2002, the court (Judge Graham) granted defendant's motion for summary judgment and dismissed the case.

On January 15, 2003, the plaintiffs issued an appeal notification. On March 26, 2005, the Supreme Court denied the plaintiffs certiorari. On May 12, 2005, the United States Court of Appeals granted the stipulation and dismissed the appeal.

According to PACER documents, on February 14, 2005, the court (Judge Graham) held that an award of costs, $51,770.48, against the plaintiffs and in favor of the defendant was appropriate, denying the plaintiffs' motion to deny or reduce costs.

Emily Kuznick - 05/01/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Honda of American Manufacturing Inc.
Plaintiff Description African American employee for Honda of America Manufacturing, Inc.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief Litigation
Form of Settlement Confession of Judgment
Order Duration not on record
Case Closing Year 2002
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)
2:99-cv-00803 (S.D. Ohio) 05/30/2007
EE-OH-0097-9000.pdf | Detail
General Documents
Order 03/02/2001 (2001 WL 667182) (S.D. Ohio)
EE-OH-0097-0004.pdf | WESTLAW | Detail
Document Source: Westlaw
Class Certification Denied 03/07/2001 (205 F.R.D. 466) (S.D. Ohio)
EE-OH-0097-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion (USCA) 05/27/2004 (370 F.3d 565)
EE-OH-0097-0001.pdf | WESTLAW| LEXIS | Detail
Opinion and Order 02/15/2005 (S.D. Ohio)
EE-OH-0097-0002.pdf | Detail
Opinion 02/22/2005 (543 U.S. 1151)
EE-OH-0097-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion [Affirming District Court Judgment] 07/13/2006 (192 Fed.Appx. 337)
EE-OH-0097-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion and Order 10/30/2006 (2006 U.S.Dist.LEXIS 78967) (S.D. Ohio)
EE-OH-0097-0007.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Abel, Mark R. (S.D. Ohio) [Magistrate]
EE-OH-0097-9000
Boggs, Danny Julian (Sixth Circuit)
EE-OH-0097-0001
Edmunds, Nancy Garlock (E.D. Mich.)
EE-OH-0097-0001
Graham, James L. (S.D. Ohio)
EE-OH-0097-0001 | EE-OH-0097-0002 | EE-OH-0097-0004 | EE-OH-0097-0006 | EE-OH-0097-0007 | EE-OH-0097-9000
Guy, Ralph B. Jr. (E.D. Mich., FISCR, Sixth Circuit)
EE-OH-0097-0001
Moore, Karen Nelson (Sixth Circuit)
EE-OH-0097-0005
Monitors/Masters None on record
Plaintiff's Lawyers Laufman, Robert Franklin (Ohio)
EE-OH-0097-0001
Marshall, John Spencely (Ohio)
EE-OH-0097-0001 | EE-OH-0097-0006 | EE-OH-0097-0007 | EE-OH-0097-9000
O'Hara, Michael J. (Kentucky)
EE-OH-0097-0001
Steinberg, Robert (Ohio)
EE-OH-0097-0001 | EE-OH-0097-0006 | EE-OH-0097-0007 | EE-OH-0097-9000
Defendant's Lawyers Fairfield, Mary Ellen (Ohio)
EE-OH-0097-0001 | EE-OH-0097-0006 | EE-OH-0097-0007 | EE-OH-0097-9000
Wilson, James Allison Jr. (Ohio)
EE-OH-0097-0001
Other Lawyers Seymour, Richard Talbot (New York)
EE-OH-0097-0001

- click to show/hide ALL -

new search
page permalink

- top of page -