University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. EBY-Brown Company, LLC EE-IN-0038
Docket / Court 1:06-cv-01083-SEB-JMS ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Indianapolis Office of the EEOC brought this suit against Eby-Brown Company, LLC in July 2006 in the United States District Court for the Southern District of Indiana (Indianapolis). The complaint alleged that Eby-Brown violated Title VII by subjecting a black male employee born in the ... read more >
The Indianapolis Office of the EEOC brought this suit against Eby-Brown Company, LLC in July 2006 in the United States District Court for the Southern District of Indiana (Indianapolis). The complaint alleged that Eby-Brown violated Title VII by subjecting a black male employee born in the Republic of Guinea to harassment based on his race, color and national origin and retaliating against him by discharging him for his opposition to discriminatory practices and his participation in proceedings under Title VII. The complainant intervened, alleging violations of Title VII, 42 U.S.C. ß 1981, 42 U.S.C. ß 1985, 42 U.S.C. ß 1986, and state causes of action for malicious prosecution, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, vicarious liability under the theory of respondeat superior, and negligent supervision. After several status hearings, settlement negotiations, and discovery motions, the parties reached and signed a settlement agreement in July 2007, but some terms of the agreement were yet to be determined. The intervenor-plaintiff later refused to sign the completed settlement agreement and the District Court Judge granted the defendants' motion to enforce the settlement agreement with plaintiff-intervenor. In December 2007, the court granted the parties' joint motion for entry of consent decree and the case was dismissed with prejudice in January 2008 after the parties failed to file responses to the Court's order to parties to show cause why this case should not be dismissed.

The two-year consent decree included non-discrimination and non-retaliation clauses. It required Eby-Brown to post its non-discrimination policy for the duration of the decree, implement a personnel policy prohibiting race, color, and national origin harassment agreed upon by the parties during settlement negotiations, and submit annual reports to the EEOC of complaints and discipline administered as a result of complaints. The decree allows the EEOC to inspect the premises, interview employees, and examine and copy documents upon reasonable notice to Eby-Brown. If the commission alleges a violation of the decree, it will provide Eby-Brown with notice and a chance to respond to the allegation before the Commission exercises any remedy provided by law. The decree provides for elimination from the intervenor-plaintiff's record of all references to the discrimination charges and requires Eby-Brown to make no mention of the charges if contacted by a potential employer of the intervenor-plaintiff. Eby-Brown agreed to pay $100,000, all of which went to the intervenor-plaintiff.

Daisy Manning - 05/27/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
42 U.S.C. § 1981
Defendant(s) David Alexander
Eby-Brown Company, LLC
Edward Caudill
Jeffrey Murphy
Kevin Jones
Kevin Jones
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 2007 - 2009
Case Closing Year 2007
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)
1:06-cv-01083-SEB-JMS (S.D. Ind.) 01/15/2008
EE-IN-0038-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/17/2006
EE-IN-0038-0001 PDF | Detail
Complaint in Intervention 12/19/2006
EE-IN-0038-0002 PDF | Detail
Order 06/04/2007 (S.D. Ind.)
EE-IN-0038-0003 PDF | Detail
Consent Decree 12/20/2007
EE-IN-0038-0004 PDF | Detail
Order of Dismissal 01/15/2008 (S.D. Ind.)
EE-IN-0038-0005 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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