University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE POINTE AT KIRBY GATE LLC AND SERVICEMASTER COMPANY EE-TN-0117
Docket / Court 02-2730 ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Memphis District Office of the EEOC brought this suit against The Point at Kirby Gate, an assisted living facility, in September 2002, in the U.S. District Court for Western District of Tennessee. We do not have a copy of the compliant. However, according to the settlement agreement, the ... read more >
The Memphis District Office of the EEOC brought this suit against The Point at Kirby Gate, an assisted living facility, in September 2002, in the U.S. District Court for Western District of Tennessee. We do not have a copy of the compliant. However, according to the settlement agreement, the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party, an African American employee, to a hostile work environment on the basis of his race. According to the Court's order regarding the EEOC's motion for protective order, the residents of the defendant's facility made racist remarks to the charging party who was then terminated when he complained about the harassment. The parties settled in September 2003.

The settlement agreement contained a non-discrimination clause and required the defendant to: expunge the charging party's personnel file of all mentions of the discrimination charges, post Title VII notices, provide Title VII managerial training, and pay $75,000.

Kevin Wilemon - 05/31/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
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. ยง 2000e
Defendant(s) The Point at Kirby Gate, L.L.C.
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 Voluntary Dismissal
Order Duration not on record
Case Closing Year 2003
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)
2:02-cv-02730-BBD-dkv (W.D. Tenn.) 09/30/2003
EE-TN-0117-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting in Part and Denying in Part Plaintiff's Motion for Protective Order 03/19/2003 (W.D. Tenn.)
EE-TN-0117-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Administratively Closing Case 09/03/2003 (W.D. Tenn.)
EE-TN-0117-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 09/30/2003
EE-TN-0117-0001.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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