University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WESTERN CONTAINER EE-MO-0093
Docket / Court 4:06-cv-00815-HFS ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The Kansas City office of the EEOC brought this suit against Western Container in the U.S. District Court for the Western District of Missouri in September 2006. The complaint alleged that Western Container discriminated against a black employee in violation of Title VII of the Civil Rights Act of ... read more >
The Kansas City office of the EEOC brought this suit against Western Container in the U.S. District Court for the Western District of Missouri in September 2006. The complaint alleged that Western Container discriminated against a black employee in violation of Title VII of the Civil Rights Act of 1964. The complainant intervened in June 2007, adding causes of action under the Missouri Human Rights Act. After some discovery, the parties settled the case in March 2008 by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required maintenance of a written Title VII policy and required distribution and posting of the policy. The decree also required Western Container to provide eight hours of EEO training on racial harassment and discrimination to all supervisory employees and provide six hours of such training to all non-supervisory employees. Additionally, during the second year of the consent decree, Western Container was required to provide two hours of follow-up training to its supervising employees. Western Container was also required to report to the EEOC bi-annually regarding all internal complaints of racial discrimination. The EEOC also was allowed access to review compliance with the decree by providing five days written notice in advance of an inspection. The injunctive parts of the decree had a two year term. If the EEOC found non-compliance, the decree called for application to the Court for enforcement. In addition, Western Container agreed to pay the complainant $126,250.

Justin Kanter - 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
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Western Container
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 2008 - 2010
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)
4:06-cv-00815-HFS (W.D. Mo.) 04/02/2008
EE-MO-0093-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-MO-0093-0001.pdf | Detail
Complaint [by Intervenor] 06/14/2007
EE-MO-0093-0002.pdf | Detail
Consent Decree 04/02/2008
EE-MO-0093-0003.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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