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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. The Hertz Corporation EE-NE-0015
Docket / Court 8:05CV339 ( D. Neb. )
State/Territory Nebraska
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In July 2005, the EEOC district Office in Denver, Colorado brought this suit against the Hertz Corporation, a national car/van/truck rental firm, in the U.S. District Court for the District of Nebraska. The complaint alleged race discrimination, in violation of Title VII of the Civil Rights Act of ... read more >
In July 2005, the EEOC district Office in Denver, Colorado brought this suit against the Hertz Corporation, a national car/van/truck rental firm, in the U.S. District Court for the District of Nebraska. The complaint alleged race discrimination, in violation of Title VII of the Civil Rights Act of 1964, as a result of a manager calling a black male "ape" and "monkey" on two separate occasions while in the presence of at least six coworkers. The complaint was filed on 14 July 2005 and a consent decree was entered on 28 July 2005.

The consent decree stated that the defendant must (1) pay the aggrieved employee $8,500 in satisfaction of all claims relating to this litigation; (2) post notices of its commitment to all aspects of Title VII, the ADA, the ADEA, and the EPA; (3) not discriminate or retaliate against an employee on the basis of race, color, national origin, religion, sex, age, or disability; (4) publish an anti-discrimination policy that is to be conspicuously posted in each of the defendant's facilities; (5) provide Title VII training to non-managerial employees, managerial employees and HR employees for two, eight and 20 hours, respectively; and (6) establish a discrimination complaint system that will report the name, address, position of the complainant, and a brief summary of the oral or written complaint to the local office of the EEOC. The term of the decree was two years.

Jason Chester - 06/02/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) The Hertz Corporation
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 Court Approved Settlement or Consent Decree
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)
8:05-cv-00339-LSC-FG3 (D. Neb.) 07/28/2005
EE-NE-0015-9000.pdf | Detail
General Documents
Complaint 07/14/2005
EE-NE-0015-0001.pdf | Detail
Consent Decree 07/28/2005
EE-NE-0015-0002.pdf | Detail
Judges Gossett, F. A. III (D. Neb.) [Magistrate]
EE-NE-0015-9000
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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