University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Idaho Power Company EE-ID-0015
Docket / Court CIV02-0409-S-EJL ( D. Idaho )
State/Territory Idaho
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Seattle office of the EEOC brought this Title VII and ADEA suit against Idaho Power Co. in September 2002, in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the charging party, a 57 year old Hispanic male, both because of his ... read more >
The Seattle office of the EEOC brought this Title VII and ADEA suit against Idaho Power Co. in September 2002, in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the charging party, a 57 year old Hispanic male, both because of his age and national origin. More specifically, the complaint alleges that the defendant hired nine less qualified white males between the ages of 21-33 for the positions that the charging party sought. The charging party intervened in the suit in October 2002. After two years of discovery motions and motions for summary judgment and seven days before the beginning of trial, the parties settled by entry of a consent decree in November 2004.

The two year consent decree required the defendant to pay the charging party $175,000, and included an anti-discrimination provision (along with policies and procedures), three hours of training on employment discrimination, policies designed to promote supervisor accountability, advertisement of Meter Specialist vacancies, and Bi-Annual reporting to the EEOC. The consent decree also required the defendant to expunge the record of the complaining party.

Tony Friedman - 06/17/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
Disability (inc. reasonable accommodations)
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
National Origin/Ethnicity
Hispanic
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
American Indian/Alaskan Native
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
State Anti-Discrimination Law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Idaho Power Company
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 2004 - 2006
Case Closing Year 2004
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)
1:02-cv-00409-EJL (D. Idaho) 11/24/2004
EE-ID-0015-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Intervenor's Complaint by Intervenor Marlon A. Herrera 02/28/2003
EE-ID-0015-0006 PDF | Detail
Complaint 05/07/2007
EE-ID-0015-0001 PDF | Detail
Intervenor's Complaint -- Marlon A Herrera 05/08/2007
EE-ID-0015-0005 PDF | Detail
Second Amended Complaint [by Plaintiff] 05/08/2007
EE-ID-0015-0008 PDF | Detail
Order [Granting in Part and Denying in Part Motion for Summary Judgment] 05/08/2007 (D. Idaho)
EE-ID-0015-0013 PDF | Detail
Consent Decree and Order Dismissing Action 05/08/2007
EE-ID-0015-0016 PDF | Detail
EEOC Litigation Settlements November 2004 05/08/2007
EE-ID-0015-0020 PDF | Detail
FY 2005 Annual Report on the Operations and Accomplishments of the Office of the General Counsel 05/08/2007
EE-ID-0015-0021 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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