University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THORMAN & WRIGHT CORPORATION et al EE-KS-0021
Docket / Court 2:06-cv-02412-JWL-DJW ( D. Kan. )
State/Territory Kansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The St. Louis district office of the EEOC brought this suit against Thorman & Wright Corp., a company that runs motels, and its various affiliated corporations: Thorman Enterprises, Inc., Eldon Thorman & Associates, Inc., The Eldon Thorman Family Nos. 1-5 Limited Partnerships, and Red Coach Inns ... read more >
The St. Louis district office of the EEOC brought this suit against Thorman & Wright Corp., a company that runs motels, and its various affiliated corporations: Thorman Enterprises, Inc., Eldon Thorman & Associates, Inc., The Eldon Thorman Family Nos. 1-5 Limited Partnerships, and Red Coach Inns Ltd. The complaint was filed, under Title VII of the Civil Rights Act of 1964 in September 2007 in the U.S. District Court for the District of Kansas. The complaint alleged that one of the company's owners engaged in racist employment practices and fired complainant in retaliation for her opposing those practices and because of complainant's pregnancy. The complainant intervened in December 2006, also filing a complaint under Title VII.

After some discovery and ineffective motions for summary judgment filed by the defendant, the parties settled the case in August 2007 by entry of a consent decree. The defendants were forbidden from discrimination and retaliation, and the owner who was behind the racist policies and retaliation was required to transfer his ownership interest in the motels to a trust formed with the other owner as sole trustee. Also, defendants were required to contract with a specialist to form an anti-discrimination policy, and to institute training for employees at all levels, including the owners. Distribution of the policy and posting of EEOC poster was also required. Additionally, defendants were required to file semi-annual reports to the EEOC detailing any firings or positions removed by restructuring, and quarterly reports detailing any complaints received. The defendants were also required to report on compliance to the EEOC at any time the EEOC makes a request, and to be open up the office to the EEOC for interviews, file reviews, and document checks, upon reasonable notice. The term of the decree was four years and defendants were also required to pay $325,000.00 to complainant and complainant's attorney.

Shankar Viswanathan - 05/15/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Red Coach Inns Ltd.
Thorman & Wright Corp.
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 2007 - 2011
Case Closing Year 2007
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-02412-JWL-DJW (D. Kan.) 08/17/2007
EE-KS-0021-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2006
EE-KS-0021-0001 PDF | Detail
Memorandum & Order [re: Motion to Dismiss] 12/15/2006 (2006 WL 3718070) (D. Kan.)
EE-KS-0021-0002 PDF | WESTLAW | Detail
Complaint in Intervention 12/18/2006
EE-KS-0021-0003 PDF | Detail
First Amended Complaint in Intervention 04/05/2007
EE-KS-0021-0004 PDF | Detail
First Amended Complaint 04/05/2007
EE-KS-0021-0005 PDF | Detail
Memorandum & Order [re: Plaintiff's Motion to Compel] 06/05/2007 (D. Kan.)
EE-KS-0021-0006 PDF | Detail
Memorandum & Order [re: Defendant's Motion to Compel] 06/05/2007 (D. Kan.)
EE-KS-0021-0007 PDF | Detail
Consent Decree 08/17/2007
EE-KS-0021-0008 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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