Case: EEOC v. TYSON FOOD INC

2:98-cv-02934 | U.S. District Court for the Northern District of Alabama

Filed Date: Nov. 24, 1998

Closed Date: June 11, 2001

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Case Summary

The EEOC's Birmingham district office sued Tyson Foods, a national livestock product distributor, and the discriminating supervisor on December 22, 1993 in the U.S. District Court for the Northern District of Alabama. The EEOC's complaint, which is unavailable, alleged that Tyson violated Title VII when it discriminated against one of its employees based on sex (female) by creating a hostile work environment and constructively discharged her. Tyson filed three motions for summary judgment in July 1995 for partial summary judgment, summary judgment as to the aggrieved employee's constructive discharge claim, and summary judgment as to the aggrieved employee's title VII claim. The court denied all three motions for summary judgment. The alleged discriminator, also in the suit, brought a motion for summary judgment which was also denied. The case went to trial in late October 1995 and the jury returned a verdict for the aggrieved employee.

The verdict, which is described in the docket, enjoined Tyson from subjecting the aggrieved employee to a hostile work environment or retaliating against any employee, required Tyson to reinstate the aggrieved employee, post a notice of compliance with Title VII, pay $69,000 in compensatory damages, pay $8,000,000 in punitive damages, and pay the plaintiff's attorneys' fees. Due to a punitive damage cap on Title VII earnings, however, the final monetary award was $323,000.

Tyson appealed the judgment in July 1996 and the appellate court affirmed the district court's decision, but remanded for determination of the plaintiff's motions for attorneys' fees. The court determined on April 9, 1998 that Tyson would pay the plaintiff $300,000 for attorneys' fees.

Shortly after the determination for attorneys' fees, the court joined this case with two other Title VII cases involving Tyson on February 16, 1999. The second case, for which the docket is not available, was filed by the EEOC against Tyson in the same District Court on July 24, 1995. According to the order to join the cases, the EEOC alleged that Tyson violated Title VII by discriminating against another employee based on sex (female) by creating a hostile work environment and retaliated against her for her complaint.

The docket for the third case is available. That case was filed by the EEOC's Birmingham office on November 24, 1998 against Tyson in the same District Court. The EEOC's allegations mirrored the allegations from the second complaint above. Both of these parties resolved their suits with Tyson through a consent decree between the parties.

The consent decree stipulated that Tyson would pay the employees $2,950,000 in damages, fees and expenses; appoint a monitor to supervise compliance efforts and consult with aggrieved employees who use the internal complaint procedure, which Tyson would have to adopt pursuant to the settlement agreement; post notice of compliance with Title VII; implement a "zero-tolerance" policy for discrimination; adopt anti-harassment policies; provide neutral references for the aggrieved employees; provide training for all employees, supervisory and management personnel at the Blountsville, Alabama plant; and report compliance to the EEOC.

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Summary Authors

Aaron Weismann (6/2/2007)

Documents in the Clearinghouse

	Document
2:98-cv-02934	Docket [PACER] EEOC v. Tyson Foods, Inc.	June 11, 2001	June 11, 2001 Docket
248 2:93-cv-02688 98-cv-02306 95-01909	Memorandum of Opinions on Consolidation Motions Dumas v. Tyson Foods, Inc.	March 9, 1999	March 9, 1999 Order/Opinion
4 2:98-cv-02934 2:93-cv-02688	[Order Granting] Motion to Consolidate EEOC v. Tyson Foods, Inc.	March 30, 1999	March 30, 1999 Order/Opinion
270 2:98-cv-02934 2:93-cv-02688 98-cv-02306 99-cv-00560	Consent Decree EEOC v. Tyson Foods, Inc.	July 9, 1999	July 9, 1999 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	April 1, 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 31, 2024, 3:09 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed, amount paid $ 120, receipt # 200 81108 (DDR) (Entered: 12/23/1993)	Dec. 22, 1993	Dec. 22, 1993
	SUMMONS and complaint issued mailed certified mail (DDR) (Entered: 12/27/1993)	Dec. 27, 1993	Dec. 27, 1993
	SUMMONS and complaint returned executed: upon defendant Tyson Foods, Inc on 12/28/93 filed (DDR) (Entered: 12/29/1993)	Dec. 29, 1993	Dec. 29, 1993
4	SUMMONS and complaint returned executed: upon defendant Jimmy L Bromblow on 12/29/93 filed (DDR) (Entered: 12/30/1993)	Dec. 30, 1993	Dec. 30, 1993
5	ANSWER by defendant Tyson Foods, Inc to the complaint filed cs (DDR) (Entered: 01/18/1994)	Jan. 14, 1994	Jan. 14, 1994
6	MOTION by defendant for attorney Michael R Jones to appear pro hac vice filed cs (DDR) (Entered: 01/18/1994)	Jan. 14, 1994	Jan. 14, 1994
7	ANSWER by defendant Jimmy L Bromblow to the complaint filed cs (DDR) (Entered: 01/18/1994)	Jan. 18, 1994	Jan. 18, 1994
	6 - ORDER granting motion for attorney Michael R Jones to appear pro hac vice [6-1] on payment of fee ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 01/19/1994)	Jan. 18, 1994	Jan. 18, 1994
8	MOTION by plaintiff for leave to amend complaint filed cs (DDR) (Entered: 03/31/1994)	March 31, 1994	March 31, 1994
	8 - ORDER granting motion for leave to amend complaint [8-1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 03/31/1994)	March 31, 1994	March 31, 1994
9	AMENDMENT to the complaint [1-1] filed cs (DDR) (Entered: 03/31/1994)	March 31, 1994	March 31, 1994
10	MOTION by defendant Jimmy L Bromblow to dismiss pla's first amendment to complaint w/ANSWER to first amended complaint thereon filed cs (DDR) (Entered: 04/06/1994)	April 6, 1994	April 6, 1994
10	ANSWER by defendant Jimmy L Bromblow to first amended complaint filed in body of motion to dismiss filed cs (DDR) (Entered: 04/06/1994)	April 6, 1994	April 6, 1994
11	NOTICE (motion to be included in parties Rule 26(b) planning meeting filed by defendant Jimmy L Bromblow cs (DDR) (Entered: 04/06/1994)	April 6, 1994	April 6, 1994
12	NOTICE (disclosre required hy Rule 26) filed by defendant Jimmy L Bromblow cs (DDR) (Entered: 04/06/1994)	April 6, 1994	April 6, 1994
13	ANSWER by defendant Tyson Foods, Inc to the first amended complaint filed cs (DDR) (Entered: 04/08/1994)	April 8, 1994	April 8, 1994
	10 - ORDER denying motion to dismiss pla's first amendment to complaint [10-1] ( by Judge U W. Clemon ) entered cm (MAA) (Entered: 04/11/1994)	April 11, 1994	April 11, 1994
14	Report of Parties (form 35) of compliance with FRCP 26 filed (DDR) (Entered: 04/14/1994)	April 14, 1994	April 14, 1994
16	ORDER 16b that the dates agreed to by parties in their planning meeting are ADOPTED by Judge U W. Clemon entered cm (ADF) (Entered: 06/24/1994)	June 23, 1994	June 23, 1994
17	MOTION by dft Tyson Foods, Inc for protective order against nationwide discovery filed cs (ADF) (Entered: 07/19/1994)	July 19, 1994	July 19, 1994
	17 - ORDER granting motion by dft Tyson Foods Inc for Protective Order against nationwide discovery [17-1] ( by Judge U W. Clemon ) cm (ADF) (Entered: 07/21/1994)	July 20, 1994	July 20, 1994
18	MOTION by pla to compel filed cs (ADF) (Entered: 09/26/1994)	Sept. 23, 1994	Sept. 23, 1994
	18 - ORDER granting motion to compel [18-1]; allowing 10 days to answer or respond ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 09/27/1994)	Sept. 27, 1994	Sept. 27, 1994
19	MOTION by pla for sanctions against dft filed cs (ADF) (Entered: 10/06/1994)	Oct. 5, 1994	Oct. 5, 1994
20	MOTION by pla for order for video inspection filed cs (ADF) (Entered: 10/06/1994)	Oct. 5, 1994	Oct. 5, 1994
21	MOTION (second) by dft Tyson Foods, Inc for protective order filed cs (ADF) (Entered: 10/06/1994)	Oct. 6, 1994	Oct. 6, 1994
	21 - ORDER denying motion for protective order [21-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 10/11/1994)	Oct. 10, 1994	Oct. 10, 1994
	19 - ORDER denying motion for sanctions against dft [19-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 10/11/1994)	Oct. 10, 1994	Oct. 10, 1994
	20 - ORDER granting motion for order for video inspection [20-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 10/11/1994)	Oct. 10, 1994	Oct. 10, 1994
22	MOTION (Joint) by parties for protective order filed cs (ADF) (Entered: 11/02/1994)	Nov. 1, 1994	Nov. 1, 1994
	22 - ORDER granting joint motion for protective order regarding certain videotaping of the facilities of dft Tyson Foods [22-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 11/03/1994)	Nov. 2, 1994	Nov. 2, 1994
23	MOTION (Second) by plaintiff to compel , and for sanctions filed cs (ADF) (Entered: 12/05/1994)	Dec. 2, 1994	Dec. 2, 1994
24	RESPONSE by dft Tyson Foods, Inc to pla's second motion to compel [23-1] and motion for sanctions [23-2] filed cs (ADF) (Entered: 12/06/1994)	Dec. 6, 1994	Dec. 6, 1994
	23 - ORDER denying motion to compel [23-1], denying motion for sanctions [23-2] ( by Judge U W. Clemon ) cm (ADF) (Entered: 12/08/1994)	Dec. 8, 1994	Dec. 8, 1994
25	MOTION by plaintiff to modify scheduling order filed cs (ADF) (Entered: 12/14/1994)	Dec. 13, 1994	Dec. 13, 1994
26	ORDER granting motion to modify scheduling order [25-1] ; Discovery cutoff 1/20/95 filed ( by Judge U W. Clemon ) cm (KAM) (Entered: 12/14/1994)	Dec. 14, 1994	Dec. 14, 1994
27	NOTICE (letter) of change of address by attorney Larry R. Mann for plaintiff filed (ADF) (Entered: 12/16/1994)	Dec. 14, 1994	Dec. 14, 1994
	28 - ORDER granting motion to extend time for filing dispositive motions [28-1] ( by Judge U W. Clemon ) entered cm (KAM) (Entered: 12/20/1994)	Dec. 19, 1994	Dec. 19, 1994
29	MOTION by dft Jimmy L Bromblow to continue pre-trial filed cs (ADF) (Entered: 12/22/1994)	Dec. 21, 1994	Dec. 21, 1994
30	MOTION by dft Tyson Foods, Inc to continue pre-trial conference filed cs (ADF) (Entered: 12/27/1994)	Dec. 22, 1994	Dec. 22, 1994
	30 - ORDER granting motion to continue pre-trial conference [30-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 12/28/1994)	Dec. 27, 1994	Dec. 27, 1994
	29 - ORDER granting motion to continue pre-trial [29-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 12/28/1994)	Dec. 27, 1994	Dec. 27, 1994
31	MOTION (Third) by defendant for protective order filed cs (ADF) (Entered: 12/29/1994)	Dec. 28, 1994	Dec. 28, 1994
32	ORDER granting motion for protective order [31-1] as to the taking of no more than 20 depositions by any party; denying motion as to the requested OSHA documents filed ( by Judge U W. Clemon ) cm (ADF) (Entered: 12/30/1994)	Dec. 30, 1994	Dec. 30, 1994
33	MOTION by dft Tyson Foods, Inc to extend discovery deadline through 4/20/95 filed cs (ADF) (Entered: 01/23/1995)	Jan. 23, 1995	Jan. 23, 1995
	33 - ORDER granting motion to extend discovery deadline through 4/20/95 [33-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 01/24/1995)	Jan. 24, 1995	Jan. 24, 1995
34	MOTION by plaintiff to compel answers to interrogatories and request for production filed cs (ADF) (Entered: 01/30/1995)	Jan. 30, 1995	Jan. 30, 1995
	34 - ORDER granting motion to compel answers to interrogatories and request for production [34-1]; allowed 15 days to answer and produce ( by U W. Clemon ) entered cm (ADF) (Entered: 02/01/1995)	Jan. 31, 1995	Jan. 31, 1995
35	MOTION by plaintiff to compel deposition testimony of Max Dover w/exhibit attached filed cs (ADF) (Entered: 02/02/1995)	Feb. 1, 1995	Feb. 1, 1995
36	MOTION by plaintiff for sanctions w/exhibits attached filed cs (ADF) (Entered: 02/02/1995)	Feb. 1, 1995	Feb. 1, 1995
37	RESPONSE by defendant Jimmy L Bromblow to fifth request for production [34-1] filed cs (ADF) (Entered: 02/03/1995)	Feb. 3, 1995	Feb. 3, 1995
38	RESPONSE by dft Jimmy L Bromblow to pla's motion to compel answers to interrogatories and request for production filed cs (ADF) (Entered: 02/03/1995)	Feb. 3, 1995	Feb. 3, 1995
39	MOTION by dft Tyson Foods, Inc to extend time for dispositive motion deadline through 5/20/95 filed cs (ADF) (Entered: 02/06/1995)	Feb. 6, 1995	Feb. 6, 1995
	39 - ORDER granting motion to extend time for dispositive motion deadline through 5/20/95 [39-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 02/07/1995)	Feb. 6, 1995	Feb. 6, 1995
41	DEPOSITION (copy) of Maxie (Max) Dover & exhibits taken on behalf of pla filed (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
42	SUBMISSION of discovery by plaintiff in support of motion for sanctions w/exhibits filed cs (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
43	DEPOSITION of Price Pass taken on behalf of: pla filed (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
44	DEPOSITION of Maxine Cardwell (2 volumes) taken on behalf of: pla filed (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
45	NOTICE of appearance for misc Max Dover by Mac B. Greaves filed cs (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
46	MOTION by misc Max Dover to dismiss pla's motion to compel deposition testimony , and, in the alternative, for protective order filed cs (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
47	AFFIDAVIT of Max Dover regarding motion to dismiss pla's motion to compel deposition testimony [46-1] and motion for protective order [46-2] filed cs (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
48	DEPOSITION (Copy of excerpts) of Maxie (Max) Dover filed (ADF) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995
49	NOTICE of filing of affidavits by dft Tyson Foods, Inc. to oppose motion for sanctions [36-1] filed cs (ADF) (Entered: 02/15/1995)	Feb. 14, 1995	Feb. 14, 1995
50	AFFIDAVIT of Alletta Matlock regarding motion for sanctions [36-1] filed cs (ADF) (Entered: 02/15/1995)	Feb. 14, 1995	Feb. 14, 1995
51	AFFIDAVIT of Clarence Wilson regarding motion for sanctions [36-1] filed cs (ADF) (Entered: 02/15/1995)	Feb. 14, 1995	Feb. 14, 1995
52	AFFIDAVIT of Gail Malone regarding motion for sanctions [36-1] filed cs (ADF) (Entered: 02/15/1995)	Feb. 14, 1995	Feb. 14, 1995
53	RESPONSE by dft Tyson Foods, Inc to motion for sanctions [36-1] filed cs (ADF) (Entered: 02/15/1995)	Feb. 15, 1995	Feb. 15, 1995
54	MOTION by dft Tyson Foods, Inc for order to enjoin misleading and harassing communications , and to compel notes and statements from communications with management personnel filed cs (ADF) (Entered: 02/16/1995)	Feb. 16, 1995	Feb. 16, 1995
55	RESPONSE by plaintiff to dfts' motion for order to enjoin misleading and harassing communications [54-1] cs (ADF) (Entered: 02/23/1995)	Feb. 22, 1995	Feb. 22, 1995
	35 - ORDER granting motion to compel deposition testimony of Max Dover [35-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 03/30/1995)	March 30, 1995	March 30, 1995
	36 - ORDER overruled without prejudice motion for sanctions [36-1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 03/30/1995)	March 30, 1995	March 30, 1995
	DOCKET modification (utility event) terminating motion to dismiss pla's motion to compel deposition testimony [46-1] (ADF) (Entered: 03/30/1995)	March 30, 1995	March 30, 1995
	46 - ORDER granting motion for protective order [46-2] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 04/04/1995)	April 4, 1995	April 4, 1995
56	WITNESS list (supplemental) (4th) by plaintiff filed cs (SCL) (Entered: 04/05/1995)	April 4, 1995	April 4, 1995
57	MOTION by parties, by and through their attys to extend discovery deadline filed cs (SWB) (Entered: 04/06/1995)	April 6, 1995	April 6, 1995
	57 - ORDER granting motion to extend discovery [57-1] ( by Judge U W. Clemon ) entered cm (SCL) (Entered: 04/10/1995)	April 7, 1995	April 7, 1995
58	WITNESS lists(Supplemental proposed rule 26 compliance and disclosures) second deemed filed 1/20/95; third deemed filed 3/29/95 and fifth deemed filed 4/11/95 by plaintiff filed cs (SWB) (Entered: 04/14/1995)	April 14, 1995	April 14, 1995
59	MOTION by dft Tyson Foods, Inc to extend dispositive motion deadline filed cs (SWB) (Entered: 05/08/1995)	May 8, 1995	May 8, 1995
60	ORDER ; Pretrial scheduling conf set for 9:30 7/6/95 ; Jury trial set for 9:30 10/30/95 filed ( by Judge U W. Clemon cm (SWB) (Entered: 05/09/1995)	May 9, 1995	May 9, 1995
	59 - ORDER granting motion to extend dispositive motion deadline to 7/27/95 [59-1] ( by Judge U W. Clemon ) entered cm (KAM) (Entered: 05/15/1995)	May 12, 1995	May 12, 1995
61	MOTION by dft Jimmy L Bromblow to change time of pretrial conference filed cs (SWB) (Entered: 05/15/1995)	May 15, 1995	May 15, 1995
62	MOTION by dft Tyson Foods, Inc to compel testimony of Ella Bailey filed cs (SWB) (Entered: 05/17/1995)	May 17, 1995	May 17, 1995
	62 - ORDER denying motion to compel testimony of Ella Bailey [62-1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 05/18/1995)	May 18, 1995	May 18, 1995
63	MOTION by dft Tyson Foods, Inc for protective order relative to on-going investigations and communications with personnel manager filed w/exh att cs (SWB) (Entered: 05/22/1995)	May 22, 1995	May 22, 1995
64	MOTION by pla to compel the deposition of Jimmy Bromblow filed cs (SWB) (Entered: 05/22/1995)	May 22, 1995	May 22, 1995
65	MOTION by dft Tyson Foods, Inc to show cause why Sandy Payne's testimony at trial should not be barred and enjoined , or in the alternative, to compel said testimony filed w/exh att cs (SWB) (Entered: 05/22/1995)	May 22, 1995	May 22, 1995
66	MOTION(objection) by pla to quash deposition notices to Wayne Stutts and son, Gary Wayne Stutts, Jr. filed cs (SWB) (Entered: 05/30/1995)	May 22, 1995	May 22, 1995
	64 - ORDER granting motion to compel the deposition of Jimmy Bromblow [64-1] ( by Judge U W. Clemon ) entered cm (CTS) (Entered: 05/23/1995)	May 23, 1995	May 23, 1995
67	WITNESS list and exhibit list by plaintiff Janice M Dumas filed cs (SNH) Modified on 05/30/1995 (Entered: 05/25/1995)	May 25, 1995	May 25, 1995
68	RESPONSE by dft Tyson Foods, Inc to motion to quash deposition notices to Wayne Stutts and son, Gary Wayne Stutts, Jr. [66-1] filed cs (SWB) (Entered: 05/30/1995)	May 25, 1995	May 25, 1995
69	MOTION by dft Tyson Foods, Inc for protective order , and to enjoin disclosure of confidential matters , and to place this motion under seal filed cs (SWB) (Entered: 05/30/1995)	May 30, 1995	May 30, 1995
70	RESPONSE by pla to motion for protective order [69-1] relative to ongoing investigations and communications with personnel manager filed cs (SWB) (Entered: 05/31/1995)	May 30, 1995	May 30, 1995
	61 - ORDER granting motion to change time of pretrial conference [61-1]; (no date was set) ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/01/1995)	May 31, 1995	May 31, 1995
71	RESPONSE by pla to motion for protective order [69-1], motion to enjoin disclosure of confidential matters [69-2], motion to place this motion under seal [69-3] and motion to compel the deposition of Clarence Wilson filed cs (SWB) (Entered: 06/02/1995)	June 1, 1995	June 1, 1995
72	MOTION by pla to compel deposition testimony of John Pittard filed w/exh att cs (SWB) (Entered: 06/05/1995)	June 2, 1995	June 2, 1995
	63 - ORDER denying motion for protective order relative to on-going investigations and communications with manager [63-1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/07/1995)	June 6, 1995	June 6, 1995
	66 - ORDER finding the motion to quash deposition notices to Wayne Stutts and son, Gary Wayne Stutts, Jr [66-1] moot ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/07/1995)	June 6, 1995	June 6, 1995
	69 - ORDER overruling motions for protective order [69-1], to enjoin disclosure of confidential matters [69-2] and to place this motion under seal [69-3] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/07/1995)	June 6, 1995	June 6, 1995
	72 - ORDER granting motion to compel deposition testimony of John Pittard [72-1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 06/07/1995)	June 6, 1995	June 6, 1995
73	NOTICE filed by pla of withdrawal of second supplemental disclosure w/regards to witnesses cs (SWB) (Entered: 06/22/1995)	June 20, 1995	June 20, 1995