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Civil Rights Litigation Clearinghouse
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Case Name Washington v. General Motors Corp. EE-OH-0100
Docket / Court 1:06-cv-631 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Equal Employment
Case Summary
On September 9, 2006, this employment discrimination complaint was filed against General Motors Corporation and two supervisors in the United States District Court for the Southern District of Ohio. The complaint alleged violations of the Civil Rights Act of 1866 (42 U.S.C. § 1981), Title VII of ... read more >
On September 9, 2006, this employment discrimination complaint was filed against General Motors Corporation and two supervisors in the United States District Court for the Southern District of Ohio. The complaint alleged violations of the Civil Rights Act of 1866 (42 U.S.C. § 1981), Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), The Age Discrimination in Employment Act (ADEA 29 U.S.C. §§ 621 et seq.) and the Ohio Unfair Business Practices Act resulting in discrimination based on age and race in the form of a failure to promote, racially motivated demotion and transfer, harassment, disparate treatment, retaliation, intentional infliction of emotional distress and wrongful termination.

The complaint arose after the plaintiff was terminated on December 7, 2005, when the managers received the EEOC Charge of Discrimination the plaintiff filed for being demoted and transferred to Naperville, Illinois from Cincinnati, Ohio. This was the last in a long line of incidents and policies cited in the complaint including the use of racial slurs and the failure to promote the plaintiff on account of his age and race while younger, white and less qualified employees received promotions.

On September 28, 2006, Judge Sandra S. Beckwith of the United States District Court for the Southern District of Ohio signed an order referring the case to Magistrate Judge Timothy S. Black.

On September 19, 2008, after cross motions for summary judgment, the parties settled and the case was dismissed with prejudice.

There is no publication or available information as to what the precise terms of the settlement are and the case is closed.

David Miller - 01/18/2011


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Retailer
Discrimination-area
Demotion
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Age discrimination
Race discrimination
EEOC-centric
No EEOC Final Resolution Type
General
Disparate Treatment
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
42 U.S.C. § 1981
Defendant(s) General Motors Corporation
Larry Speicher
Roy Pikus
Plaintiff Description Al Washington, a 52 year old African American employee of General Motors on behalf of those similarly situated, who had been subject to numerous violations on account of his age and race.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2008
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)
1:06−cv−00631 (S.D. Ohio) 09/19/2008
EE-OH-0100-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/22/2006
EE-OH-0100-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
General Order of Reference Referring Case to Magistrate Judge Timothy S. Black 09/28/2006 (S.D. Ohio)
EE-OH-0100-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion to Transfer Venue] 01/30/2007 (2007 WL 315103) (S.D. Ohio)
EE-OH-0100-0004.pdf | WESTLAW | Detail
Document Source: Westlaw
Order Dismissing Case 09/19/2008 (S.D. Ohio)
EE-OH-0100-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Beckwith, Sandra Shank (S.D. Ohio)
EE-OH-0100-0002 | EE-OH-0100-0003 | EE-OH-0100-0004 | EE-OH-0100-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cioffi, Michael Lawrence (Ohio)
EE-OH-0100-0001 | EE-OH-0100-9000
Huse, William Madison (Ohio)
EE-OH-0100-9000
Jones, Nathaniel Raphael (Ohio)
EE-OH-0100-0001 | EE-OH-0100-9000
Stewart, Thomas H (Ohio)
EE-OH-0100-9000
Defendant's Lawyers Ericsson, Shelley I (Missouri)
EE-OH-0100-9000
Glassman, Michael Samuel (Ohio)
EE-OH-0100-9000
Vogel, David C (Missouri)
EE-OH-0100-9000
Other Lawyers None on record

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