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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Stein World LLC EE-TN-0106
Docket / Court 2:06-cv-02478-JPM-tmp ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On July 25, 2006, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black forklift operator (plaintiff-intervenor), filed a lawsuit in the Western District Court of Tennessee under Title VII of the Civil Rights Act of 1964 against Stein World, LLC. The EEOC sought the defendant' ... read more >
On July 25, 2006, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black forklift operator (plaintiff-intervenor), filed a lawsuit in the Western District Court of Tennessee under Title VII of the Civil Rights Act of 1964 against Stein World, LLC. The EEOC sought the defendant's compliance with a prior settlement agreement, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant violated a prior settlement agreement between the parties since it harassed the plaintiff-intervenor based on his race and discharged him in retaliation of filing this suit and participating in the an EEOC-sponsored mediation.

In January 2005, the plaintiff-intervenor was hired by the defendant as a forklift operator. He was the only black forklift operator employed by the defendant. In April 2005, the plaintiff-intervenor reported to the defendant that a temporary employee had cursed him and that he was working in unsafe conditions. On May 5, 2005, his employment was terminated. On May 17, 2005, he filed a claim with the EEOC. Shortly after, he was hospitalized for pneumonia and eventually had to undergo a lung transplant. The defendants agreed to mediate the matter and on July 6, 2005, the plaintiff-intervenor and the defendant entered into a settlement agreement, where among other things, the defendant agreed to pay for the plaintiff-intervenor's medical expenses. When the plaintiff-intervenor gave the hospital bill to the defendant, they refused to pay more than $5,000, arguing that the mediator failed to include the $5,000 cap in the settlement agreement and that the plaintiff-intervenor made fraudulent misrepresentations to them by saying his medical expenses were only "a few thousand dollars."

On August 16, 2006, the defendant filed its answer and third-party complaint against the black employee involved in this suit, alleging that they never would have agreed to the prior settlement had the plaintiff-intervenor not made fraudulent misrepresentations to them.

On October 11, 2006, the District Court (Judge Jon P. McCalla) entered a default judgment against the plaintiff-intervenor, but then that order was set aside on March 7, 2007. On March 15, 2007, the plaintiff filed an amended complaint.

On March 27, 2007, the District Court (Judge Jon P. McCalla) denied the plaintiff's motion to dismiss the defendant's counter claim and third-party complaint. The parties then went through the discovery process.

On May 27, 2008, the District Court (Judge Jon P. McCalla) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $15,000, and his hospital $42,426.41 for the third-party defendant's medical expenses.

Perry Miska - 04/22/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) STEIN WORLD LLC
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a black employee who was retaliated against because of filing this suit.
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 2008 - 2009
Case Closing Year 2008
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)
2:06-cv-02478-JPM-tmp (W.D. Tenn.) 11/25/2013
EE-TN-0106-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/25/2006
EE-TN-0106-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Complaint Against Third-Party Defendant 08/16/2006
EE-TN-0106-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Request for Entry of Default 10/11/2006 (W.D. Tenn.)
EE-TN-0106-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Third Party Defendant's Motion to Set Aside Entry of Default 03/07/2007 (W.D. Tenn.)
EE-TN-0106-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 03/15/2007
EE-TN-0106-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiff EEOC's Motion to Dismiss Defendant's Counter Claim and Order Denying Motion to Dismiss Third Party Complaint 03/27/2007 (W.D. Tenn.)
EE-TN-0106-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendant's Motion to Compel 05/16/2007 (W.D. Tenn.)
EE-TN-0106-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 05/27/2008 (W.D. Tenn.)
EE-TN-0106-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges McCalla, Jon Phipps (W.D. Tenn.)
EE-TN-0106-0004 | EE-TN-0106-0005 | EE-TN-0106-0007 | EE-TN-0106-9001
Pham, Tu M. (W.D. Tenn.) [Magistrate]
EE-TN-0106-0006 | EE-TN-0106-9001
Monitors/Masters None on record
Plaintiff's Lawyers Brewer, Webb A. (Tennessee)
EE-TN-0106-0007 | EE-TN-0106-9001
Cash, William A. Jr. (Arkansas)
EE-TN-0106-9001
Smith, Deidre (Tennessee)
EE-TN-0106-0002 | EE-TN-0106-0007 | EE-TN-0106-9001
Tuggle, Darin B. (Tennessee)
EE-TN-0106-0001 | EE-TN-0106-0002 | EE-TN-0106-0007 | EE-TN-0106-9001
Williams, Faye A. (Tennessee)
EE-TN-0106-0001 | EE-TN-0106-0002 | EE-TN-0106-0007 | EE-TN-0106-9001
Defendant's Lawyers Biller, Stephen H. (Tennessee)
EE-TN-0106-0008 | EE-TN-0106-9001
Hutton, Robbin W. (Tennessee)
EE-TN-0106-9001
Weintraub, Jeff (Tennessee)
EE-TN-0106-0007 | EE-TN-0106-9001
Other Lawyers Statum, Fred C. III (Tennessee)
EE-TN-0106-9001

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