University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Lithia Dodge Cherry Creek EE-CO-0033
Docket / Court 05-CV-01901-PSF-MJW ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Denver Field Office of the EEOC brought this suit against Lithia Cherry Creek Dodge, Inc. (dba Lithia Dodge of Cherry Creek) in September 2005 in the U.S. District Court for the District of Colorado. The complaint alleged a hostile work environment and constructive discharge based on race and ... read more >
The Denver Field Office of the EEOC brought this suit against Lithia Cherry Creek Dodge, Inc. (dba Lithia Dodge of Cherry Creek) in September 2005 in the U.S. District Court for the District of Colorado. The complaint alleged a hostile work environment and constructive discharge based on race and retaliation for complaining about racial harassment. A complainant intervened in December 2005. The parties reached a settlement in February 2006, and a consent decree was entered in March 2006. The consent decree required the defendant to pay the three charging parties a total of $375,000.00 in damages and lost wages and $187,500.00 in attorney fees. The consent decree also required the defendant to conduct EEO training for all employees; post notice; refrain from discrimination and retaliation; hire an outside consultant; and submit semi-annual reports to the EEOC.

Daisy Manning - 10/29/2008


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Pay / Benefits
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Lithia Motors, 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 2006 - 2010
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)
05-CV-01901-PSF-MJW (D. Colo.) 03/08/2006
EE-CO-0033-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Intervenor's Complaint 12/05/2005
EE-CO-0033-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Intervene 12/05/2005
EE-CO-0033-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint 03/08/2006
EE-CO-0033-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/08/2006
EE-CO-0033-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Consent Decree 03/08/2006 (D. Colo.)
EE-CO-0033-0005 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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