University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DAVIS HOMES LLC EE-IN-0035
Docket / Court 1:05-cv-00970-DFH-WTL ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Western District of Indiana, against Davis Homes, LLC. The complaint, filed in June 2005, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. ... read more >
The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Western District of Indiana, against Davis Homes, LLC. The complaint, filed in June 2005, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had retaliated against the charging party by terminating her, in response to her claim against the Defendant for race discrimination in violation of Title VII.

The charging party intervened in July 2005 and in March 2006 the parties entered into a consent decree. The decree, which was valid for 3 years, contained non-discrimination and non-retaliation provisions as well as required the Defendant to post a notice of non-discrimination, provide a neutral reference to the charging party, and develop a new anti-discrimination policy. The Defendant was also required to pay the charging party a total of $39,375.

Kevin Wilemon - 06/18/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Reporting
Retaliation Prohibition
Discrimination-area
Pay / Benefits
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
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) Davis Homes, LLC
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 2006 - 2009
Case Closing Year 2006
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)
1:05-cv-00970-DFH-WTL (S.D. Ind.) 03/28/2006
EE-IN-0035-9000.pdf | Detail
General Documents
Complaint 06/29/2005
EE-IN-0035-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Intervenor Plaintiff's First Amended Complaint 08/26/2005
EE-IN-0035-0002.pdf | Detail
Order [Entry on Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant] 02/23/2006 (S.D. Ind.)
EE-IN-0035-0003.pdf | Detail
Consent Decree 03/24/2006
EE-IN-0035-0004.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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