University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ORKIN INC EE-TN-0087
Docket / Court 2:05-cv-02657-SHM-tmp ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the Memphis District Office of the EEOC brought this suit against Orkin, Inc. in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent ... read more >
In September 2005, the Memphis District Office of the EEOC brought this suit against Orkin, Inc. in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by failing to reinstate the charging party, a Black employee, to his position as a service manager and paid him lower wages because of his race. After some scheduling orders, the parties settled in May 2006 though a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide Title VII training for its managers and supervisors, report to the EEOC at specified intervals, post a Title VII notice, expunge the charging party's personnel file from all references to the charge of discrimination, provide the charging party with a neutral reference, and pay $75,000.

Michele Marxkors - 07/09/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Hiring
Pay / Benefits
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Orkin, Inc.
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 - 2008
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)
2:05-cv-02657-SHM-tmp (W.D. Tenn.) 05/30/2006
EE-TN-0087-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 05/22/2006
EE-TN-0087-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pham, Tu M. (W.D. Tenn.) [Magistrate]
EE-TN-0087-9000
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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