University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Nebco Evans Distribution, Inc. EE-NE-0009
Docket / Court 8:96-cv-00644-JFB ( D. Neb. )
State/Territory Nebraska
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In December 1996, the EEOC's Denver office filed this suit in the U.S. District Court for the District of Nebraska against Nebco Evans Distribution, Inc., an employer of truck drivers, alleging violations of the Age Discrimination in Employment Act of 1967 through in that Nebco refused to hire ... read more >
In December 1996, the EEOC's Denver office filed this suit in the U.S. District Court for the District of Nebraska against Nebco Evans Distribution, Inc., an employer of truck drivers, alleging violations of the Age Discrimination in Employment Act of 1967 through in that Nebco refused to hire individuals over 40 years of age. In June 1997 the court agreed to bifurcate the trial into two phases: one phase would determine liability and injunctive relief and the other phase, if necessary, would determine damages for an unknown number of individuals. The court estimated that anywhere from 100 to 200 individuals could seek relief as a result of this suit.

Following several contentious discovery battles, the trial commenced in November 1998 and concluded with a verdict for the plaintiff. The next phase of trial was marked by disagreement as to how locate missing members of the class with the court ultimately settling on a variety of newspaper publications. In June 1999, however, following a settlement conference, the parties were able to agree on a consent decree that was subsequently adopted by the court. The consent decree required the defendants to pay $769,000.00, issue apology letters to each aggrieved individual, issue 6 semi-annual reports relating to job applicants, post a notice of non-discrimination, and provide training to all managers.

Jennifer Solomon - 08/10/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Apology
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Impact
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) Nebco Evans Distributing, 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 1999 - 2002
Case Closing Year 1999
Case Ongoing No
Additional Resources
click to show/hide detail
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)
8:96-cv-00644-JFB (D. Neb.) 09/15/2000
EE-NE-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
[Order on Various Discovery Issues] 06/09/1997 (1997 WL 416423 / 1997 U.S.Dist.LEXIS 23111) (D. Neb.)
EE-NE-0009-0002.pdf | WESTLAW| LEXIS | Detail
Memorandum & Order [Re: Discovery Issues] 09/04/1998 (1998 U.S.Dist.LEXIS 18450) (D. Neb.)
EE-NE-0009-0003.pdf | LEXIS | Detail
Document Source: LexisNexis
Memorandum & Order [Re: Ruling to Strike] 10/26/1998 (1998 U.S.Dist.LEXIS 18449) (D. Neb.)
EE-NE-0009-0004.pdf | LEXIS | Detail
Document Source: LexisNexis
Consent Decree 06/22/1999
EE-NE-0009-0001.pdf | Detail
Document Source: District Court
Judges Bataillon, Joseph F. (D. Neb.)
EE-NE-0009-0003 | EE-NE-0009-0004
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -