University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Yarbrough v. Lockheed Martin Co. EE-GA-0103
Docket / Court 1:00-CV-01183 ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Case Summary
On May 10, 2000 plaintiffs, African American employees of Lockheed Martin, filed a lawsuit alleging discrimination on the basis of race pursuant to 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964 against their employer and their union, the International Association of Machinists and ... read more >
On May 10, 2000 plaintiffs, African American employees of Lockheed Martin, filed a lawsuit alleging discrimination on the basis of race pursuant to 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964 against their employer and their union, the International Association of Machinists and Aerospace Workers, in the United States District Court for the Northern District of Georgia. The plaintiffs, represented by private counsel, sought class certification, an order declaring liability, injunctive and equitable relief, back and front pay, lost benefits, compensatory damages, emotional distress damages, pain and suffering damages, punitive damages, attorneys' fees and costs.

Specifically, the plaintiffs alleged that they had been systematically excluded from the promotional process by the predominantly Caucasian managerial staff. They also alleged that they had not been provided with necessary opportunities for overtime or training, that the Union failed to represent them adequately and fairly or to properly process their grievances, that the Union consented to Lockheed's discriminatory practices, and that they were subjected to a hostile work environment.

The EEOC sought to intervene, but on January 29, 2001 the district court (Judge Forrester) denied this motion. On May 9, 2001 the union and the plaintiffs reached an unspecified settlement and the union was formally dismissed from the case on March 25, 2003. On August 2, 2001 class certification was denied by the district court (Judge Forrester) and the plaintiffs thereafter were to proceed individually. On September 26, 2003 the district court (Judge Forrester) dismissed the case without prejudice for lack of prosecution.

Michael Perry - 07/31/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Demotion
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Training
Discrimination-basis
Race discrimination
General
Disparate Treatment
Pattern or Practice
Retaliation
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 Association of Machinists and Aerospace Workers
Lockheed Martin Aeronautics Company
Plaintiff Description Former and current African-American employees in the United States from 1996 to the present, who are subject to the Union's discriminatory actions and failure to act and Lockheed's employment and human resources policies.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief None
Unknown
Source of Relief Settlement
None
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Case Listing EE-GA-0056 : Reid v. Lockheed Martin Aeronautics Co. (N.D. Ga.)
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)
1:00-cv-01183 (N.D. Ga.) 04/08/2005
EE-GA-0103-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint [Original] 05/10/2000
EE-GA-0103-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying EEOC's Motion to Intervene] 01/29/2001 (2001 U.S.Dist.LEXIS 991) (N.D. Ga.)
EE-GA-0103-0007.pdf | LEXIS | Detail
Document Source: LexisNexis
Order [re: Plaintiff's Motion to Compel] 03/09/2001 (199 F.R.D. 379) (N.D. Ga.)
EE-GA-0103-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [re: Class Certification] 08/02/2001 (205 F.R.D. 655) (N.D. Ga.)
EE-GA-0103-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order(Dismissing union defendants from the case) 03/25/2003 (N.D. Ga.)
EE-GA-0103-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment (Dismissing the case without prejudice) 09/26/2003 (N.D. Ga.)
EE-GA-0103-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Baverman, Alan J. (N.D. Ga.) [Magistrate]
EE-GA-0103-9000
Forrester, J. Owen (N.D. Ga.) [Magistrate]
EE-GA-0103-0004 | EE-GA-0103-0005 | EE-GA-0103-0006 | EE-GA-0103-0007 | EE-GA-0103-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alexander, Josie Anne (Georgia)
EE-GA-0103-0001 | EE-GA-0103-9000
Cochran, Johnnie L. Jr. (California)
EE-GA-0103-0001 | EE-GA-0103-9000
Givens, J. Keith (Alabama)
EE-GA-0103-0001 | EE-GA-0103-9000
Hausfeld, Michael D. (District of Columbia)
EE-GA-0103-9000
Sellers, Joseph Marc (District of Columbia)
EE-GA-0103-9000
Sistrunk, Hezekiah (Georgia)
EE-GA-0103-0001 | EE-GA-0103-9000
Smith, Jock Michael (Alabama)
EE-GA-0103-0001 | EE-GA-0103-9000
Defendant's Lawyers Ashe, R. Lawrence Jr. (Georgia)
EE-GA-0103-9000
Boice, William H. (Georgia)
EE-GA-0103-9000
Gideon, Megan E. (Georgia)
EE-GA-0103-9000
Giolito, Robert (Georgia)
EE-GA-0103-9000
Piar, Daniel (Georgia)
EE-GA-0103-9000
Rafuse, Nancy E. (Georgia)
EE-GA-0103-9000
Troope, Lesley Ann (Georgia)
EE-GA-0103-9000
Wright, Martha Marie B (Georgia)
EE-GA-0103-9000
Other Lawyers Adams, Raechel (New York)
EE-GA-0103-9000
Arrington, Ronald (District of Columbia)
EE-GA-0103-9000
Barnes, Lynette (North Carolina)
EE-GA-0103-9000
Bissell, Katherine (New York)
EE-GA-0103-9000
Peart, Andree (New York)
EE-GA-0103-9000
Reams, Gwendolyn Young (District of Columbia)
EE-GA-0103-9000
Stewart, Colin Gregory (New York)
EE-GA-0103-9000
Tapper, Steven (Georgia)
EE-GA-0103-9000

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