University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Faulk v. Home Oil Co., Inc. EE-AL-0106
Docket / Court Civ.A. 96-A-1384-N. ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Case Summary
On September 4, 1996, a group of African-American employees filed a complaint, under 42 U.S.C. §1981 and Title VII of U.S.C. §2000(e), against Home Oil Company, Inc. We do not have a copy of the complaint; however, it is evident that the plaintiffs, represented by private counsel, sought ... read more >
On September 4, 1996, a group of African-American employees filed a complaint, under 42 U.S.C. §1981 and Title VII of U.S.C. §2000(e), against Home Oil Company, Inc. We do not have a copy of the complaint; however, it is evident that the plaintiffs, represented by private counsel, sought injunctive, declaratory, and monetary relief claiming that they were victims of racial discrimination on the basis of promotions, hostile environment, termination, equal pay, and unfair hiring.

On November 7, 1996, the defendant filed a motion to dismiss the claims contained in a portion of the complaint. During the next months, both parties filed responses for and against showing cause as to why the defendants' motion should not be granted. Finally, on April 11, 1997, the Court (Hon. W. Harold Albritton) denied the motion to dismiss the claims.

On June 1, 1998, plaintiffs moved to certify a class, which was denied by the Court on March 9, 1999. Plaintiffs filed a second motion for class certification on June 16, 1999, which was immediately denied on June 28, 1999. The plaintiffs then proceeded on their individual discrimination claims.

On February 16, 2000, the Court granted in part and denied in part the Defendants' Motion for Summary Judgment on the claims of a number, but not all, of the original plaintiffs. The parties mediated the remaining claims. Mediations finally resulted in a settlement in which the Defendant agreed to pay a total of $200,000 to the remaining plaintiffs. On April 13, 2000, plaintiffs filed a motion for attorneys' fees and expenses. On September 22, 2000, the Court ordered that the defendants' pay an additional $186,454.40 in legal expenses and attorneys' fees.

Katrina Campos - 08/13/2010


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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Pay / Benefits
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
Black
White
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Home Oil Company, Inc.
Plaintiff Description African-American and white employees of Home Oil Company, Inc., claiming to be victims of racial discrimination.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
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 2000
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)
2:96-cv-01384-WHA-VPM (M.D. Ala.) 12/07/2000
EE-AL-0106-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Opinion (Denying Defendant's Motion to Dismiss and Motion for More Definite Statement) 04/11/1997 (173 F.R.D. 311) (M.D. Ala.)
EE-AL-0106-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion and Order (Denying Class Certification) 03/09/1999 (184 F.R.D. 645) (M.D. Ala.)
EE-AL-0106-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion and Order (Denying Motion to Certify Plaintiff Class) 06/28/1999 (186 F.R.D. 660) (M.D. Ala.)
EE-AL-0106-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion and Order (Granting Plaintiffs Attorneys' Fees and other Expenses) 09/22/2000 (M.D. Ala.)
EE-AL-0106-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Albritton, William Harold III (M.D. Ala.)
EE-AL-0106-0001 | EE-AL-0106-0002 | EE-AL-0106-0003 | EE-AL-0106-0004 | EE-AL-0106-9000
Monitors/Masters None on record
Plaintiff's Lawyers Childs, Robert F. Jr. (Alabama)
EE-AL-0106-9000
Crook, Bobbie Shaw (Alabama)
EE-AL-0106-9000
Harrell, Dusty Lynn (Alabama)
EE-AL-0106-9000
Robertson, Ann C (Alabama)
EE-AL-0106-9000
Weiner, Maury S. (Alabama)
EE-AL-0106-9000
Defendant's Lawyers Proctor, Robert D. (Alabama)
EE-AL-0106-9000
Redmond, Wesley Clyde (Alabama)
EE-AL-0106-9000
Vreeland, Albert Loring II (Alabama)
EE-AL-0106-9000
Other Lawyers None on record

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