University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. IMCLONE SYSTEMS, INC. EE-NJ-0046
Docket / Court 3:04-cv-06218-GEB-JJH ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On December, 15, 2004, the Equal Employment Opportunity Commission (EEOC) filed suit in the Trenton U.S District Court against Imclone Systems, Inc., on behalf of a black employee for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). The EEOC alleged that Imclone ... read more >
On December, 15, 2004, the Equal Employment Opportunity Commission (EEOC) filed suit in the Trenton U.S District Court against Imclone Systems, Inc., on behalf of a black employee for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). The EEOC alleged that Imclone Systems discriminated against the employee on account of his race and retaliated against him for complaining about the discrimination. According to the complaint, the employee's white trainer made various racially derogatory statements, treated him more harshly, and made him perform menial duties that were not required of similarly situated white employees. Upon investigating the claims Imclone disciplined the white trainer but then demoted the employee to his previous position by discontinuing the training and eventually fired him. The EEOC sought its costs and monetary and injunctive relief for the employee, including back pay, reinstatement, compensation for emotional harm, and punitive damages.

The parties reached a settlement, which the Court (Judge Garrett E. Brown, Jr.) entered as a consent decree on May 25, 2005. Under the two-year decree the employee was entitled to receive $85,000 subject to the execution of a release, while Imclone was subject to a variety of injunctive provisions. The decree required Imclone to not engage in retaliation or racial discrimination, to post a notice about the case and its resolution, and to provide four hours of Title VII training with emphasis on racial discrimination and retaliation to all managers of the department in which the employee had worked and to the trainer who had been disciplined. The parties bore their own costs. As of this writing no further court activity appears on the docket, and the case is now closed.

Kenneth Gray - 07/24/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Training
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Imclone Systems, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a black employee
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 2005 - 2007
Case Closing Year 2005
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)
3:04-cv-06218-GEB-JJH (D.N.J.) 05/25/2005
EE-NJ-0046-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/15/2004
EE-NJ-0046-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 05/25/2005
EE-NJ-0046-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigations Settlement Report 05/31/2007
EE-NJ-0046-0003.pdf | Detail
Judges Brown, Garrett E. Jr. (D.N.J.)
EE-NJ-0046-0002 | EE-NJ-0046-9000
Hughes, John J. (D.N.J.) [Magistrate]
EE-NJ-0046-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dreiband, Eric S. (District of Columbia)
EE-NJ-0046-0001 | EE-NJ-0046-0002
Lee, James L. (District of Columbia)
EE-NJ-0046-0001 | EE-NJ-0046-0002
McNair, Jacqueline H. (Pennsylvania)
EE-NJ-0046-0001 | EE-NJ-0046-0002
O'Boyle, Judith A. (Pennsylvania)
EE-NJ-0046-0001 | EE-NJ-0046-0002 | EE-NJ-0046-9000
Reams, Gwendolyn Young (District of Columbia)
EE-NJ-0046-0001 | EE-NJ-0046-0002
Defendant's Lawyers Cerasia, Edward II (New York)
EE-NJ-0046-0002 | EE-NJ-0046-9000
Gordon, Yvette M (New Jersey)
EE-NJ-0046-9000
Other Lawyers None on record

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