University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mills v. Billington EE-DC-0067
Docket / Court 1:04-cv-02205-HHK -AK ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Case Summary
Plaintiffs are minority employees of the Library of Congress (LOC) who brought suit on December 20, 2004, on behalf of themselves and on behalf of a putative class of minority job applicants and all past, current, and future employees of the LOC in the United Steates district Court of the District ... read more >
Plaintiffs are minority employees of the Library of Congress (LOC) who brought suit on December 20, 2004, on behalf of themselves and on behalf of a putative class of minority job applicants and all past, current, and future employees of the LOC in the United Steates district Court of the District of Columbia. Plaintiffs, represented by private counsel alleged that Defendant, the Librarian of Congress, engaged in an ongoing pattern and practice of discrimination against minority employees in violation of 42 U.S.C. § 2000e. Plaintiffs allege discrimination in various areas, including compensation, promotions, wage classifications, job assignments, and recruitment. Plaintiffs further allege that Defendant maintained a hostile work environment for minority employees and retaliated against minority employees who brought these discriminatory practices to the attention of management.

On May 16, 2006, the court (Judge Henry H. Kennedy, Jr.) denied Defendant's motion to dismiss. Mills v. Billington, 2006 WL 1371683 *1 (May 16, 2006, D. D.C.).

On July 28, 2008, the court (Magistrate Judge Alan Kay) issued an order imposing sanctions on Plaintiffs for disobeying a discovery order.

On April 27, 2009, the court issued an order allowing Plaintiffs to file a motion for class certification out of time. Plaintiffs were required to file their motion on or before June 22, 2009, and the court allowed them to conduct discovery related to class certification.

On January 5, 2010, Magistrate Judge Kay issued an order denying Plaintiffs' motion to direct defendant to preserve data and documents. The Court denied Plaintiffs' motion without prejudice because it found that Plaintiffs had failed to comply with a local "meet and confer" rule.

Magistrate Judge Kay issued a Report and Recommendation on February 17, 2010 recommending that the court deny Plaintiffs' motion for an injunction to require Defendant to compile and publish annual Equal Employment Opportunity plans and related reports as required by Title VII. Magistrate Judge Kay did not consider the merits of Plaintiffs' motion and instead found that Defendant had not waived its immunity to suit and that Plaintiffs did not have standing to enforce the provisions of the statute because they had not shown they had suffered an "injury in fact." The court recommended that the motion be denied without prejudice with leave for Plaintiffs to file a motion to amend their complaint in order to address the issue of standing.

As of the date of this writing, Defendants had moved to dismiss, but the Court had not decided the motion. The case is ongoing.

Haley Waller - 06/19/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Impact
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) JAMES H. BILLINGTON
Plaintiff Description Plaintiffs are individuals who have been employed by, or sought employment with, the Library of Congress (“LOC”) from approximately January 1, 2003, to December 20, 2004 and assert claims based on race and national origin.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
1:04-cv-02205-HHK -AK (D.D.C.) 06/04/2010
EE-DC-0067-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs’ Memorandum of Law in Support of Response in Opposition to Defendant’s Motion To Dismiss 08/01/2005
EE-DC-0067-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION AND ORDER (Order denying motion to dismiss) 05/16/2006 (2006 WL 1371683) (D.D.C.)
EE-DC-0067-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ SECOND AMENDED CLASS ACTION COMPLAINT 04/02/2007
EE-DC-0067-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM ORDER (Order imposing sanctions) 07/28/2008 (D.D.C.)
EE-DC-0067-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (Allowing Plaintiffs to apply for class certification out of time) 04/27/2009 (D.D.C.)
EE-DC-0067-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (Re-referring to magistrate judge) 08/28/2009 (D.D.C.)
EE-DC-0067-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MOTION BY PLAINTIFFS FOR AN INJUNCTION TO REQUIRE DEFENDANT TO COMPILE AND PUBLISH ANNUAL EQUAL EMPLOYMENT OPPORTUNITY PLANS AND RELATED REPORTS AND AS REQUIRED BY TITLE VII 10/30/2009
EE-DC-0067-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S OPPOSITION TO PLAINTIFFS’ MOTION FOR AN INJUNCTION 11/17/2009
EE-DC-0067-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM ORDER (Denying motion to preserve data) 01/05/2010 (D.D.C.)
EE-DC-0067-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S SUPPLEMENTAL BRIEF AS TO PLAINTIFF’S LACK OF STANDING TO SEEK INJUNCTIVE RELIEF TO COMPEL DEFENDANT TO PRODUCE EQUAL EMPLOYMENT OPPORTUNITY AND RELATED REPORTS 01/14/2010
EE-DC-0067-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' supplemental brief on standing 01/19/2010
EE-DC-0067-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION 02/17/2010
EE-DC-0067-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S MOTION TO DISMISS, OR ALTERNATIVELY, FOR SUMMARY JUDGMENT 04/09/2010
EE-DC-0067-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS, OR ALTERNATIVELY, FOR SUMMARY JUDGMENT 05/03/2010
EE-DC-0067-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kay, Alan (D.D.C.) [Magistrate]
EE-DC-0067-0004 | EE-DC-0067-0004 | EE-DC-0067-0008 | EE-DC-0067-0009 | EE-DC-0067-9000
Kennedy, Henry Harold Jr. (D.D.C.) [Magistrate]
EE-DC-0067-0002 | EE-DC-0067-0005 | EE-DC-0067-0014 | EE-DC-0067-9000
Monitors/Masters None on record
Plaintiff's Lawyers Rose, Joshua N. (District of Columbia)
EE-DC-0067-0007 | EE-DC-0067-9000
Rose, David L. (District of Columbia)
EE-DC-0067-0007 | EE-DC-0067-0011 | EE-DC-0067-0012 | EE-DC-0067-9000 | EE-DC-0067-9000
Rubinstein, Yuval (District of Columbia)
EE-DC-0067-0007 | EE-DC-0067-9000
Snider, Michael J (Maryland)
EE-DC-0067-0001 | EE-DC-0067-0003 | EE-DC-0067-9000
Statman, Jacob (Maryland)
EE-DC-0067-0003 | EE-DC-0067-9000
Taragin, Ari (Maryland)
EE-DC-0067-0001 | EE-DC-0067-0003 | EE-DC-0067-9000
Taylor, Jeffrey C (Maryland)
EE-DC-0067-0001 | EE-DC-0067-0003 | EE-DC-0067-9000
Weisbrot, Jason I (Maryland)
EE-DC-0067-0003 | EE-DC-0067-9000
Defendant's Lawyers Contreras, Rudolph (District of Columbia)
EE-DC-0067-0006 | EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Douds, Julia K (District of Columbia)
EE-DC-0067-0006 | EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Machen, Ronald C (District of Columbia)
EE-DC-0067-0006 | EE-DC-0067-9000
Phillips, Channing D (District of Columbia)
EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Russell, Beverly M (District of Columbia)
EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Other Lawyers None on record

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