University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Smith v. United States Steel Corporation EE-AL-0121
Docket / Court 2:05-cv-01359 ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On June 24, 2005, a job applicant who was rejected by defendant because she did not have two years heavy industrial experience, filed a class action under Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1981a against United States Steel Corporation in the U.S. District Court for the ... read more >
On June 24, 2005, a job applicant who was rejected by defendant because she did not have two years heavy industrial experience, filed a class action under Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1981a against United States Steel Corporation in the U.S. District Court for the Northern District of Alabama, Southern Division. On June 19, 2008, other named plaintiffs joined the suit and amended the complaint to include additional class action allegations. Plaintiffs, represented by private counsel, asked the court for declaratory judgment, equitable relief and money damages, claiming that defendant's reliance upon "heavy industrial experience" and other selection criteria had disparate impact on female applicants and that defendant had engaged in a pattern and practice of discriminating against females on the basis of their sex with respect to production positions.

On January 13, 2009, the parties filed a Joint Motion for Final Approval of Class Action Settlement. On March 2, 2009, the Court (Judge Virginia Emerson Hopkins) approved the settlement.

According to the settlement agreement, the company agreed to implement a new hiring process and to pay up to $580,000.00 to the Class Fund, along with plaintiffs' attorney fees and costs.

Kunyi Zhang - 06/09/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Follow recruitment, hiring, or promotion protocols
Hire
Utilize objective hiring/promotion criteria
Discrimination-area
Hiring
Discrimination-basis
Sex discrimination
General
Disparate Impact
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) United States Steel Corporation
Plaintiff Description Class of female applicants to defendant's entry level production positions, who alleged that they were rejected because of their sex.
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
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 2009
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)
2:05-cv-1359 (N.D. Ala.) 03/02/2009
EE-AL-0121-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/24/2005
EE-AL-0121-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Class Action Complaint 06/19/2008
EE-AL-0121-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Preliminary Approval Order 12/03/2008 (N.D. Ala.)
EE-AL-0121-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Final Approval of Class Action Settlement 02/13/2009
EE-AL-0121-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Submission in Support of Joint Motion for Final Approval of a Class Action Settlement 02/13/2009
EE-AL-0121-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion Approving Class Action Settlement and Supporting Final Order and Judgment 03/02/2009 (N.D. Ala.)
EE-AL-0121-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order and Judgment 03/02/2009 (N.D. Ala.)
EE-AL-0121-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hopkins, Virginia Emerson (N.D. Ala.)
EE-AL-0121-0005 | EE-AL-0121-0006 | EE-AL-0121-0007 | EE-AL-0121-9000
Monitors/Masters None on record
Plaintiff's Lawyers Childs, Robert F. Jr. (Alabama)
EE-AL-0121-0002 | EE-AL-0121-0003 | EE-AL-0121-0004 | EE-AL-0121-9000
Goldfarb, Jon Craig (Alabama)
EE-AL-0121-0001 | EE-AL-0121-0002 | EE-AL-0121-0003 | EE-AL-0121-0004 | EE-AL-0121-9000
Simon, Kell Ascher (Alabama)
EE-AL-0121-0001 | EE-AL-0121-9000
Weiner, Maury S. (Alabama)
EE-AL-0121-0001 | EE-AL-0121-9000
Wiggins, Robert L Jr. (Alabama)
EE-AL-0121-9000
Defendant's Lawyers Hattaway, Ashley H. (Alabama)
EE-AL-0121-0003 | EE-AL-0121-0004 | EE-AL-0121-9000
Lucas, Michael L. (Alabama)
EE-AL-0121-0003 | EE-AL-0121-0004 | EE-AL-0121-9000
Other Lawyers None on record

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