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Case Name EEOC v. JOHN MORRELL & CO. EE-SD-0004
Docket / Court 4:99-cv-04174-LLP ( D.S.D. )
State/Territory South Dakota
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1999, the Denver office of the EEOC brought this Title VII suit against John Morrell & Co. in the U.S. District Court for the District of South Dakota. The complaint alleged that the defendant discriminated against the claimant because of his national origin (Mexican). More ... read more >
In September 1999, the Denver office of the EEOC brought this Title VII suit against John Morrell & Co. in the U.S. District Court for the District of South Dakota. The complaint alleged that the defendant discriminated against the claimant because of his national origin (Mexican). More specifically, the defendant allegedly failed to rehire the claimant after an altercation with another employee when it rehired the other employee. After the court denied the defendant's motion to dismiss the complaint or in the alternative for summary judgment in June 2000, the court denied as moot the EEOC's motion for default judgment. The case settled by entry of a consent decree in January 2001.

The nineteen month consent decree required the defendant to refrain from discrimination, post notice, pay the claimant damages (unspecified), adopt and maintain an anti-discrimination policy, implement a internal complaint/dispute resolution procedure, provide training for the Affirmative Action Officer (40 hours a year) and the Human Resource Director (10 hours a year), keep records of complaints, and give the EEOC reports in correspondence with a previous consent decree.

Kevin Wilemon - 08/02/2007


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. 2000e
Defendant(s) John Morrell & Co.
John Morrell & Co.
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 2001 - 2002
Case Closing Year 2001
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)
4:99-cv-04174-LLP (D.S.D.) 01/04/2001
EE-SD-0004-9000 PDF | Detail
General Documents
Complaint 09/27/1999
EE-SD-0004-0001 PDF | Detail
Memorandum Opinion and Order 06/16/2000 (D.S.D.)
EE-SD-0004-0002 PDF | Detail
Consent Decree 01/04/2001
EE-SD-0004-0004 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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