University of Michigan Law School
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Case Name Thomas v. Pemco Aeroplex, Inc. EE-AL-0102
Docket / Court 99-03280-CV-AR-S ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Case Summary
On December 9, 1999, a group of thirty-six African American employees filed a lawsuit, under 42 U.S.C. §1981, 42 U.S.C. §1981A, Title VII of U.S.C. §2000e, and 42 U.S.C. §1988, against Pemco Aeroplex, Inc. seeking monetary and injunctive relief. The plaintiffs, represented by private counsel, ... read more >
On December 9, 1999, a group of thirty-six African American employees filed a lawsuit, under 42 U.S.C. §1981, 42 U.S.C. §1981A, Title VII of U.S.C. §2000e, and 42 U.S.C. §1988, against Pemco Aeroplex, Inc. seeking monetary and injunctive relief. The plaintiffs, represented by private counsel, claimed that they were victims of racial discrimination which created a hostile working environment.

Debate over class certification ensued from 1999 to 2000. Ultimately, hearings on class certification halted, and plaintiffs withdrew their class allegations and moved to file an amended complaint. On October 12, 2000, the EEOC attempted to consolidate EEOC v. Pemco Aeroplex, Inc. (Case #00-cv-02762) with this case, and consolidation was granted in part (discovery only) and denied in part (trial judgment). Meanwhile, the plaintiffs filed Second and Third Amended Complaints on February 21, 2001, and July 10, 2001, respectively. On February 15, 2002, the EEOC made a second attempt to consolidate the two cases; however, the Court (Hon. William M. Acker, Jr.) denied the motion.

Of the original thirty-six plaintiffs, only nine had claims remaining against the defendant.

On July 1, 2002, the nine prevailing plaintiffs were awarded $10,501 each in damages. On October 16, 2002, they were awarded $225,000 in attorneys' fees and expenses to be divided among their counsel.

Katrina Campos - 07/28/2010


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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Pemco Aeroplex, Inc.
Plaintiff Description African American employees who were subjected to unlawful and discriminatory employment practices creating a hostile working environment at Pemco Aeroplex in Birmingham, AL.
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 2002
Case Ongoing No
Case Listing EE-AL-0065 : EEOC v. PEMCO AEROPLEX (N.D. Ala.)
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)
2:99−cv−03280 (S.D. Ala.) 03/31/2004
EE-AL-0102-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Second Amended Complaint 02/21/2001
EE-AL-0102-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Third Amended Complaint 07/10/2001
EE-AL-0102-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Injunctive Relief 05/09/2002
EE-AL-0102-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Summary Judgment, Injunctive Relief, Monetary Relief, Motions in Limine) 05/30/2002 (N.D. Ala.)
EE-AL-0102-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Final Judgment (Monetary Awards, Dismissing Plaintiffs' Actions, Denying Pending Motions) 07/01/2002 (N.D. Ala.)
EE-AL-0102-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Closing case) 10/16/2002 (N.D. Ala.)
EE-AL-0102-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Acker, William Marsh Jr. (N.D. Ala.)
EE-AL-0102-0004 | EE-AL-0102-0005 | EE-AL-0102-0006 | EE-AL-0102-9000
Monitors/Masters None on record
Plaintiff's Lawyers Agboola, Adedapo T (Alabama)
EE-AL-0102-9000
Anthony, Emory Jr. (Alabama)
EE-AL-0102-9000
Bender, Darryl (Alabama)
EE-AL-0102-0001 | EE-AL-0102-9000
Benefield, Steven A (Alabama)
EE-AL-0102-9000
Kidd, Cheryl A (Alabama)
EE-AL-0102-0001 | EE-AL-0102-9000
Quarles, Tyrone (Alabama)
EE-AL-0102-0001 | EE-AL-0102-0003 | EE-AL-0102-9000
Simon, Kenneth O (Alabama)
EE-AL-0102-0001 | EE-AL-0102-0002 | EE-AL-0102-9000
Defendant's Lawyers Allen, Mitchell G. (Alabama)
EE-AL-0102-9000
Brown, Stephen E (Alabama)
EE-AL-0102-9000
Cooper, N Lee (Alabama)
EE-AL-0102-9000
Lee, Jeffrey A (Alabama)
EE-AL-0102-9000
Other Lawyers None on record

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