University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CUNDY ASPHALT PAVING CONSTRUCTION INC EE-WY-0002
Docket / Court 2:01-cv-00044-WFD ( D. Wyo. )
State/Territory Wyoming
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 2001, the EEOC district office in Denver, Colorado brought this suit against Cundy Asphalt Paving Construction, Inc., a general paving firm, in the U.S. District Court for the District of Wyoming. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 ... read more >
In March 2001, the EEOC district office in Denver, Colorado brought this suit against Cundy Asphalt Paving Construction, Inc., a general paving firm, in the U.S. District Court for the District of Wyoming. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by firing an employee who became pregnant and was therefore temporarily unable to do any heavy lifting.

The parties settled the case and a consent decree was entered in September 2001. The defendant agreed to pay the aggrieved woman $25,000, refrain from retaliating and discriminating based on sex, post an EEO notice, adopt a new gender/pregnancy discrimination policy (if needed), post and distribute the potentially new policy, issue neutral references, provide EEO training, and submit semiannual complaint reports to the EEOC. No fees or costs were awarded. The terms of the agreement ran for three years.

Jason Chester - 08/01/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Cundy Asphalt Paving Construction, 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 2001 - 2004
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)
2:01-cv-00044-WFD (D. Wyo.) 09/18/2001
EE-WY-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/15/2001
EE-WY-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Ruling on Plaintiff EEOC's Motion to Compel Discovery, Including Statement of Defendant's Position 07/31/2001 (D. Wyo.)
EE-WY-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 09/18/2001
EE-WY-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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