University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SWINERTON BUILDERS EE-WA-0088
Docket / Court C05-1625-RSM ( W.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the EEOC's Seattle District Office brought this action against Swinerton Builders Northwest in the U.S. District Court for the Western District of Washington alleging that the defendant violated the Age Discrimination in Employment Act when it discriminated against the charging ... read more >
In September 2005, the EEOC's Seattle District Office brought this action against Swinerton Builders Northwest in the U.S. District Court for the Western District of Washington alleging that the defendant violated the Age Discrimination in Employment Act when it discriminated against the charging party, a sixty-three year old male employee, by terminating him and hiring a less qualified but younger individual to take his place. After some scheduling orders, the parties settled in December 2005.

Under the two-year consent decree, which included a non-discrimination clause, the defendant was required to: designate a human resource manager to provide guidance on employment decisions, provide annual EEO training to all its employees, give the charging party a neutral reference, provide annual reports to the EEOC, post an EEOC-provided anti-discrimination notice, and pay $49,000 to the charging party.

Kevin Wilemon - 05/31/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Swinerton Builders Northwest, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
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 Voluntary Dismissal
Order Duration 2005 - 2007
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)
C05-1625-RSM (W.D. Wash.) 12/14/2005
EE-WA-0088-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Demand 05/10/2007
EE-WA-0088-0001.pdf | Detail
[Proposed] Consent Decree 05/10/2007
EE-WA-0088-0002.pdf | Detail
Order of Dismissal 05/10/2007 (W.D. Wash.)
EE-WA-0088-0003.pdf | Detail
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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