University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. A & R Truss Company EE-MI-0001
Docket / Court 1:05-cv-00547-JGS ( W.D. Mich. )
State/Territory Michigan
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to ... read more >
On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to racially offensive epithets and had met the employee's complaints with threats and intimidation, the EEOC sought monetary and injunctive relief, including compensation for emotional harm and punitive damages.

The parties consented to have the case handled by a magistrate judge on December 7, 2005.

The parties reached a settlement agreement, which the Court (Magistrate Judge Joseph G. Scoville) entered as a consent decree on March 2, 2006. The one-year decree provided monetary and injuctive relief. The employee was paid $25,000. The decree required A & R Truss to comply with Title VII's prohibition of racial harassment and retaliation. A & R Truss further agreed to develop a Title VII-compliant harassment policy, post an equal employment rights notice, to provide all new employees with the employee handbook containing the new harassment policy, and to train all current and new managers on Title VII, racial harassment, and how to respond to an incident. The parties bore their own costs and attorneys' fees. No further court activity appears on the docket, and the case is now closed.

Kenneth Gray - 07/17/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
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) A & R Truss Co.
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 2006 - 2007
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)
1:05-cv-00547-JGS (W.D. Mich.) 03/02/2006
EE-MI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/15/2005
EE-MI-0001-0001.pdf | Detail
Consent Decree 02/27/2006
EE-MI-0001-0002.pdf | Detail
Judges Scoville, Joseph G. (W.D. Mich.) [Magistrate]
EE-MI-0001-0002 | EE-MI-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dawkins, Robert (Michigan)
EE-MI-0001-0001 | EE-MI-0001-0002
Drieband, Eric S. (District of Columbia)
EE-MI-0001-0001
Lee, James L. (District of Columbia)
EE-MI-0001-0001 | EE-MI-0001-0002
Rapport, Adele (Michigan)
EE-MI-0001-0001 | EE-MI-0001-0002 | EE-MI-0001-9000
Reams, Gwendolyn Young (District of Columbia)
EE-MI-0001-0002
Weaver, Omar (Michigan)
EE-MI-0001-0001 | EE-MI-0001-0002 | EE-MI-0001-9000
Young, Laurie A (Indiana)
EE-MI-0001-0002
Defendant's Lawyers Mishkind, Charles S (Michigan)
EE-MI-0001-0002 | EE-MI-0001-9000
Olson, Bruce D (Michigan)
EE-MI-0001-0002
Smith, Richard P (Michigan)
EE-MI-0001-9000
Other Lawyers None on record

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