University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lemon v. IUOE EE-WI-0059
Docket / Court 2:97-cv-00857 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On August 12, 1997 plaintiffs filed suit against their union, the International Union of Operating Engineers Local 139 AFL-CIO (IUOE) alleging that the union had administered its referral book for out of work members in a discriminatory manner in violation of Title VII, 42 U.S.C. § 2000e. ... read more >
On August 12, 1997 plaintiffs filed suit against their union, the International Union of Operating Engineers Local 139 AFL-CIO (IUOE) alleging that the union had administered its referral book for out of work members in a discriminatory manner in violation of Title VII, 42 U.S.C. § 2000e. Specifically they alleged that the referral book was administered to favor white male members and to disparately treat women and other minorities. Plaintiffs sought declaratory and injunctive relief and compensatory and punitive damages.

On September 24, 1999 the district court (Judge John W. Reynolds) certified a class consisting of females who were members of the union as of November 21, 1991 and other minority union members as of July 4, 1992. The IUOE appealed this decision to the Seventh Circuit Court of Appeals. On June 9, 2000 the Seventh Circuit (Judge Cudahy, Judge Coffey, and Judge Kanne) reversed the district court on the grounds that the court had improperly certified a class action in which monetary damages were sought under Rule 23(b)(2) and thus class members would not have sufficient notice to opt out. On April 11, 2001 the district court (Judge Charles N. Clevert) re-certified the class consistent with the ruling of the Seventh Circuit.

On June 28, 2002 the court entered final approval of a class settlement agreement containing a consent decree to remain in force for the next four years and retained jurisdiction over that period. The consent decree required that the defendant cease any manipulation of its referral book, agree to be monitored by a court appointed monitor, establish a 1-800 number for complaints, and provide members copies of the referral book and related documents upon request. On May 16, 2006 a class member alleged that the defendant and court appointed monitor had violated the consent decree and the case was briefly re-opened. On March 20, 2007 the district court (Judge Clevert) ruled that there were no substantial and specific valid complaints against the defendant or the monitor and declared that the consent decree had expired.

Michael Perry - 09/11/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitor/Master
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Race discrimination
Sex discrimination
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Asian/Pacific Islander
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) International Union of Operating Engineers Local 139 AFL-CIO
Plaintiff Description Females who were members of the union as of November 21, 1999 and other minority union members as of July 4, 1992.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
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)
99-4101 (U.S. Court of Appeals) 10/12/2000
EE-WI-0059-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
2:97−cv−00857 (E.D. Wis.) 03/30/2007
EE-WI-0059-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion (Vacating class certification and remanding for further consideration) 06/09/2000 (216 F.3d 577)
EE-WI-0059-0001 PDF | WESTLAW| LEXIS | External Link | Detail
ORDER DENYING MOTION TO ENFORCE (DOC. # 449) AND ALLOWING CONSENT DECREE TO EXPIRE 03/30/2007 (2007 WL 1029485) (E.D. Wis.)
EE-WI-0059-0002 PDF | WESTLAW | Detail
Document Source: Westlaw
Judges Clevert, Charles N. Jr. (E.D. Wis.)
EE-WI-0059-0002 | EE-WI-0059-9000
Coffey, John Louis (Seventh Circuit)
EE-WI-0059-0001
Cudahy, Richard Dickson (Seventh Circuit)
EE-WI-0059-0001
Gorence, Patricia J. (E.D. Wis.) [Magistrate]
EE-WI-0059-9000
Kanne, Michael Stephen (Seventh Circuit, N.D. Ind.)
EE-WI-0059-0001
Reynolds, John W. (E.D. Wis.)
EE-WI-0059-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barnhill, Charles J. Jr. (Wisconsin)
EE-WI-0059-9000 | EE-WI-0059-9001
Bauer, Michael R (Wisconsin)
EE-WI-0059-9000 | EE-WI-0059-9001
Garvey, Edward R. (Wisconsin)
EE-WI-0059-9000
Stoddard, Glenn M. (Wisconsin)
EE-WI-0059-9000 | EE-WI-0059-9001
Defendant's Lawyers Aubin, Kristine E. (Wisconsin)
EE-WI-0059-9000
Hartley, Jill M. (Wisconsin)
EE-WI-0059-9000
Hlavin, Brian C. (Illinois)
EE-WI-0059-9000
Lattis, Jennifer Sloan (Wisconsin)
EE-WI-0059-9000
Perillo, Frederick (Wisconsin)
EE-WI-0059-9000 | EE-WI-0059-9001
Robbins, Marianne Goldstein (Wisconsin)
EE-WI-0059-9000 | EE-WI-0059-9001
Other Lawyers O'Neill, Bruce C. (Wisconsin)
EE-WI-0059-9000
Soderstrom, William R. (Wisconsin)
EE-WI-0059-9000

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