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Civil Rights Litigation Clearinghouse
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Case Name Koger v. Texaco, Inc. EE-GA-0106
Docket / Court 4:04-CV-00205-JEC ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Case Summary
On August 30, 2004 the plaintiff filed a complaint in the District Court for the Northern District of Georgia alleging racial discrimination against herself and others similarly situated by her direct employer, Protiva, Inc., individuals who managed that company, and Texaco, Inc. and Shell Oil ... read more >
On August 30, 2004 the plaintiff filed a complaint in the District Court for the Northern District of Georgia alleging racial discrimination against herself and others similarly situated by her direct employer, Protiva, Inc., individuals who managed that company, and Texaco, Inc. and Shell Oil Company, the owners of the gas station where she worked. Specifically she alleged that she had been unlawfully demoted from her position as store manager in violation of 42 U.S.C. § 1981 and Title VII because she was Caucasian and defendant operators wished to only employ managers of their racial descent, South Asian.

Each party filed a motion for summary judgment as discovery proceeded. On September 21, 2006 the Magistrate Judge submitted a report recommending that the defendants' motions be granted. On March 28, 2007, however, the district court (Judge Carnes) granted the defendants' motions regarding belatedly raised retaliation claims but denied the other motions for summary judgment on the basis that the defendants had failed to demonstrate that they either were not the plaintiff's joint employer (in the case of Shell and Texaco) or that the stated reasons for demoting the plaintiff were not a mere pretext (in the case of Protiva). The parties reached a settlement awarding the plaintiff unspecified monetary damages on August 9, 2007.

Michael Perry - 07/31/2010


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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Demotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Black
White
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Protiva, Inc,
Shell Oil Company
Texaco, Inc.
Plaintiff Description Former white manager of a convenience store.
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 Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
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)
4:04−cv−00205 (N.D. Ga.) 06/13/2008
EE-GA-0106-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 03/03/2005
EE-GA-0106-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion (Adopting in part and rejecting in part the Magistrate Judge's Final Report and Recommendation) 03/28/2007 (N.D. Ga.)
EE-GA-0106-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Carnes, Julie E. (Eleventh Circuit, N.D. Ga.)
EE-GA-0106-0002 | EE-GA-0106-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dickson, Bonny Elizabeth (Tennessee)
EE-GA-0106-0001 | EE-GA-0106-9000
Hall, Cynthia D. (Tennessee)
EE-GA-0106-9000
Pinchak, Frank P. (Tennessee)
EE-GA-0106-0001 | EE-GA-0106-9000
Sawyer, Horace Kimbrell III (Georgia)
EE-GA-0106-0001 | EE-GA-0106-9000
Defendant's Lawyers Marlett, Eric John (Georgia)
EE-GA-0106-9000
McGahren, Matthew Francis (Georgia)
EE-GA-0106-9000
Other Lawyers None on record

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