University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. GREENBRIER EE-VA-0043
Docket / Court 2:03-cv-00693-RBS-JEB ( E.D. Va. )
State/Territory Virginia
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Norfolk office sued Greenbrier Pontiac - Oldsmobile - GMC Trucks - KIA, Inc., a Virginia auto dealership, on September 30, 2003 in the U.S. District Court for the Eastern District of Virginia. The EEOC alleged that Greenbrier violated Title VII when it discriminated against one of its ... read more >
The EEOC's Norfolk office sued Greenbrier Pontiac - Oldsmobile - GMC Trucks - KIA, Inc., a Virginia auto dealership, on September 30, 2003 in the U.S. District Court for the Eastern District of Virginia. The EEOC alleged that Greenbrier violated Title VII when it discriminated against one of its employees based on race (African American), created a hostile work environment for that employee when other employees made racist comments and hung a noose around a radio in the servicing shop, which culminated in the constructive discharge of the employee. The district court's opinion, at 314 F.Supp.2d 189 (E.D.Va. 2004), explained that the claim was ultimately frivolous and the EEOC dropped the claim. Following the case dismissal, the defendant sought attorney's fees from the EEOC, a pursuit that ended in settlement of that issue in the appellate court.

Aaron Weismann - 05/30/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Greenbrier Pontiac-Oldsmobile-GMC Trucks-KIA, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a black employee
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
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)
2:03-cv-00693-RBS-JEB (E.D. Va.) 06/02/2004
EE-VA-0043-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 04/14/2004 (314 F.Supp.2d 581) (E.D. Va.)
EE-VA-0043-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges None on record
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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