University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Clarice's Home Care Services, Inc. EE-IL-0314
Docket / Court 3:07-cv-00601 ( S.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On August 22, 2007, the EEOC filed a complaint in the United States District Court for the Southern District of Illinois under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, on behalf of two aggrieved individuals. The complaint alleged that Defendant, ... read more >
On August 22, 2007, the EEOC filed a complaint in the United States District Court for the Southern District of Illinois under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, on behalf of two aggrieved individuals. The complaint alleged that Defendant, Clarice's Home Care Service, Inc., engaged in unlawful employment practices on the basis of race, as well as retaliation of protected activity. Specifically, the EEOC claimed that Defendant failed to hire an individual as a Home Care Provider because of her race. Furthermore, the complaint alleged that Defendant discharged one of its employees for opposing Defendant's refusal to hire that individual, and for informing the individual that she was not hired because of her race. The EEOC sought injunctive relief, as well as monetary relief on behalf of the two individuals.

The District Court (Magistrate Judge Donald G. Wilkerson) on December 18, 2007 allowed one of the individuals involved (the woman who was not hired) to intervene. The plaintiff-intervenor filed her complaint on April 11, 2008, seeking monetary relief based on the same claims made in the EEOC's complaint.

On June 10, 2008 the District Court (Judge Patrick G. Murphy) approved a settlement between the parties under a consent decree. Under the decree, Defendant was required to pay $20,000 to the terminated employee and $30,000 to the plaintiff-intervenor. The decree also accorded general injunctive relief, preventing Defendant from making any decisions regarding applicants, employees, or clients on the basis of race. Defendant was also required to provide Title VII training to all of its employees who make hiring decisions or make work assignments, as well as to post a policy of non-discrimination for all of their employees to see. The consent decree was to remain in effect for a period of two years.

Adam Teitelbaum - 03/20/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Clarice's Home Care Service, Inc
Plaintiff Description EEOC on behalf of black employee claiming discrimination on the basis of race in hiring.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2010
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)
3:07−cv−00601 (S.D. Ill.) 06/10/2008
EE-IL-0314-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/22/2007
EE-IL-0314-0001 PDF | Detail
Order (granting motion to intervene) 12/18/2007 (2007 WL 4522624) (S.D. Ill.)
EE-IL-0314-0003 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff-Intervenor's Complaint 04/11/2008
EE-IL-0314-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/10/2008
EE-IL-0314-0002 PDF | Detail
Judges Murphy, G. Patrick (S.D. Ill.)
EE-IL-0314-0002 | EE-IL-0314-0003 | EE-IL-0314-9000
Wilkerson, Donald G. (S.D. Ill.) [Magistrate]
EE-IL-0314-0003 | EE-IL-0314-0003 | EE-IL-0314-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barron, Lee W. (Illinois)
EE-IL-0314-0004 | EE-IL-0314-9000
Kamp, Jean P. (Illinois)
EE-IL-0314-0001 | EE-IL-0314-9000
Miller, C. Felix (Missouri)
EE-IL-0314-0001 | EE-IL-0314-9000
Defendant's Lawyers Kopis, Jeffrey A. (Illinois)
EE-IL-0314-9000
Kopis, William F. (Illinois)
EE-IL-0314-9000
Other Lawyers None on record

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