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Case Name Powell v. Georgia-Pacific Corp. EE-AR-0064
Docket / Court ED-73-C-1 ( W.D. Ark. )
State/Territory Arkansas
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
In 1973, a group of African American employees filed a lawsuit under Title VII, 42 U.S.C. § 2000e, against Georgia Pacific Corporation in the United States District Court for the Western District of Arkansas. The Plaintiffs claimed that they were discriminated against on the basis of their race ... read more >
In 1973, a group of African American employees filed a lawsuit under Title VII, 42 U.S.C. § 2000e, against Georgia Pacific Corporation in the United States District Court for the Western District of Arkansas. The Plaintiffs claimed that they were discriminated against on the basis of their race in hiring and other employment decision at Defendant's facilities in Crossett, Arkansas. The docket for this case is not available.

On October 23, 1980, the Court (Judge Oren Harris) held that (1) the evidence established that there had been discrimination on the basis of race at the commencement of the employer's initial operations; (2) evidence did not establish that certain practices, which came within the "disparate impact" rule, were necessary to safe and efficient operation of the plants; (3) affirmative action would be directed toward recruiting from outside or from qualifying from present employees; (4) evidence established there had been racial discrimination in selection and promotion of supervisors. Powell v. Georgia Pacific Corp., 535 F. Supp. 713 (W.D. Ark. 1980). The Court further held that: the class would consist of all black persons employed on or after three years prior to the filing of the suit; ordering that back pay awards commence a full two years before the first EEOC charge would be justified; and a class-wide approach would be appropriate in determining remedies for each subclass.

Plaintiffs filed a motion for the distribution of residual settlement funds. On January 31, 1994, the Court (Judge H. Franklin Waters) held that the most appropriate and equitable disposition of those funds was to distribute the funds to Defendant for the purpose of establishing a scholarship fund for local African American high school students. Powell v. Georgia Pacific Corp., 843 F. Supp. 491. (W.D. Ark. 1994).



Plaintiffs appealed the District Court's disbursement order. The Eighth Circuit Court of Appeals (Judge Morris Sheppard Arnold) held that the District Court's order was not final and thus that the Court of Appeals lacked jurisdiction to hear the appeal on July 19, 1996. Powell v. Georgia Pacific Corp., 90 F.3d 283 (8th Cir. 1996).

Plaintiffs appealed the District Court's final order, arguing against the scholarship fund and denial of attorneys' fees and costs. The Eighth Circuit Court of Appeals (Judge Morris Sheppard Arnold) affirmed the District Court's disbursement order by remanded the case to award appropriate fees to Plaintiffs' counsel. Powell v. Georgia Pacific Corp., 119 F.3d 703 (8th Cir. 1997).

No further information about this litigation is available.

Haley Waller - 11/06/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Race discrimination
General
Disparate Impact
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Georgia Pacific Corporation
Plaintiff Description African American employees of Georgia Pacific Corporation
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
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)
No docket sheet currently in the collection
General Documents
MEMORANDUM OPINION 10/23/1980 (535 F.Supp. 713) (W.D. Ark.)
EE-AR-0064-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM OPINION 01/31/1994 (843 F.Supp. 491) (W.D. Ark.)
EE-AR-0064-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 07/19/1996 (90 F.3d 283)
EE-AR-0064-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 07/11/1997 (119 F.3d 703)
EE-AR-0064-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Arnold, Morris Sheppard (W.D. Ark., Eighth Circuit)
EE-AR-0064-0001 | EE-AR-0064-0002
Harris, Oren (W.D. Ark., E.D. Ark.)
EE-AR-0064-0003
Waters, Hugh Franklin (W.D. Ark.)
EE-AR-0064-0004
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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