University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ADESA EE-NY-0001
Docket / Court 05 CV 692 ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this suit against ADESA New York, Inc., a vehicle auctioning company, in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged that the company discharged employees because of their age in violation of ... read more >
The New York District Office of the EEOC brought this suit against ADESA New York, Inc., a vehicle auctioning company, in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged that the company discharged employees because of their age in violation of the Age Discrimination in Employment Act (ADEA). The parties were referred to mediation in September 2006, and the case was settled by entry of a consent decree in May 2007. The three year consent decree enjoined the defendant from committing age discrimination, and required the following: training on the ADEA; posting and distribution of employment rights; and compliance reporting. The complainants were paid $200,000, although the distribution of the funds is unknown because the monetary settlement was filed under seal. The complainants were also entitled to expungement of their employment records and neutral references.

Kevin Wilemon - 08/01/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) ADESA New York, 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 2007 - 2010
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)
1:05-cv-00692-WMS-HBS (W.D.N.Y.) 05/31/2007
EE-NY-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2005
EE-NY-0001-0001 PDF | Detail
Amended Complaint 12/22/2005
EE-NY-0001-0002 PDF | Detail
Consent Decree 05/31/2007
EE-NY-0001-0003 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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