University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Goldberg v. Durham Trans. EE-IL-0322
Docket / Court 1:02-cv-01125 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Case Summary
On February 15th, 2002 a bus driver filed suit against his former employer, Durham Transit, and supervisor in the District Court for the Northern District of Illinois. The plaintiff alleged that the defendants had engaged in reverse discrimination against Caucasian drivers by reducing and ... read more >
On February 15th, 2002 a bus driver filed suit against his former employer, Durham Transit, and supervisor in the District Court for the Northern District of Illinois. The plaintiff alleged that the defendants had engaged in reverse discrimination against Caucasian drivers by reducing and eliminating the routes and charters assigned to them. He further alleged the company and supervisor had retaliated against him by firing him for baseless reasons. The case was joined by two African American drivers who alleged retaliation after they supported the plaintiff.

The district court (Judge Milton I. Shadur) certified a class on April 8th, 2003 consisting of up to forty white drives who might have been adversely affected. Discovery continued until the parties reached a settlement agreement on October 12th, 2004 after engaging in mediation. The district court (Judge Milton I. Shadur) approved the settlement agreement on March 23rd, 2005. Durham agreed to pay plaintiffs and their lawyers a total of $192,000 to settle all claims.

Michael Perry - 06/30/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
Private Plaintiff
Race
White
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Durham Transporation
Plaintiff Description Caucasian bus drivers employed by Durham and two African American bus drivers who supported the Causasian bus drivers.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
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 2005
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)
1:02−cv−01125 (N.D. Ill.) 05/06/2005
EE-IL-0322-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Violations of 42 U.S.C. § 2000e, et seq, (Title VII of the Civil Rights Act of 19(4), 42 U.S.C. § 1981, and Violation of 42 U.S,C. § 2001e-3(a) (Section 704(a) of Title VII ofthe Civil Rights Act of 1964)' 02/15/2002
EE-IL-0322-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Class Complaint 03/05/2003
EE-IL-0322-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PARTIES' JOINT MEMORANDUM IN SUPPORT OF MOTION REQUESTING FINAL APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT AGREEMENT 03/21/2005
EE-IL-0322-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 03/23/2005 (N.D. Ill.)
EE-IL-0322-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Shadur, Milton Irving (N.D. Ill.)
EE-IL-0322-0004 | EE-IL-0322-9000
Monitors/Masters None on record
Plaintiff's Lawyers Futterman, Ronald L. (Illinois)
EE-IL-0322-0002 | EE-IL-0322-0003 | EE-IL-0322-9000
Maduff, Aaron Benjamin (Illinois)
EE-IL-0322-0001 | EE-IL-0322-0003 | EE-IL-0322-9000
Maduff, Michael Lee (Illinois)
EE-IL-0322-0002 | EE-IL-0322-9000
Medina, Deanne Snedeker (Illinois)
EE-IL-0322-9000
Pintar, Janice M. (Pennsylvania)
EE-IL-0322-0002 | EE-IL-0322-9000
Thomas, William Woods (Illinois)
EE-IL-0322-0002 | EE-IL-0322-0003 | EE-IL-0322-9000
Defendant's Lawyers Cain, Michelle M. (Missouri)
EE-IL-0322-9000
Foster, James N. Jr. (Missouri)
EE-IL-0322-0003 | EE-IL-0322-9000
Gilbert, Geoffrey M. Jr. (Missouri)
EE-IL-0322-0003 | EE-IL-0322-9000
Kuenstler, John F. (Illinois)
EE-IL-0322-9000
Sefton, Beau C. (Ohio)
EE-IL-0322-9000
Shoemaker, Gregory A. (Missouri)
EE-IL-0322-9000
Younger, Robert D. (Missouri)
EE-IL-0322-0003 | EE-IL-0322-9000
Other Lawyers None on record

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