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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Hill Brothers Construction & Engineering Company, Inc. EE-MS-0029
Docket / Court 3:05-cv-00122-MPM ( N.D. Miss. )
State/Territory Mississippi
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
This suit was filed by the EEOC's Birmingham District Office in September 2005, in the U.S. District Court for the northern District of Mississippi, against Hill Brothers Construction and Engineering Company, Inc. The complaint alleged that Hill Brothers had subjected three male employees to ... read more >
This suit was filed by the EEOC's Birmingham District Office in September 2005, in the U.S. District Court for the northern District of Mississippi, against Hill Brothers Construction and Engineering Company, Inc. The complaint alleged that Hill Brothers had subjected three male employees to sexual harassment and constructive discharge. One charging party intervened in October 2005. In February 2007, there was a jury trial, which does not appear to have settled all the claims, as the private plaintiff filed a motion to alter judgment, and the defendant a motion for judgment as a matter of law, and both were granted in part but denied in part. In October and December 2007, the other charging parties intervened. Finally, the EEOC, the defendant, and all three intervenors settled by consent decree in April 2008.

The consent decree, which is valid for two years, provides for the distribution of $125,000 to the charging parties. The defendant is enjoined from discriminating or retaliating, is required to expunge the charging parties' employment files, and to institute complaint procedures and anti-discrimination training. Additionally, there are provisions for reporting to the EEOC.

Shankar Viswanathan - 08/15/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Hill Brothers Construction and Engineering Company, 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 2008 - 2010
Case Closing Year 2008
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)
3:05-cv-00122-MPM (N.D. Miss.) 04/10/2008
EE-MS-0029-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2005
EE-MS-0029-0001.pdf | Detail
Complaint in Intervention 11/04/2005
EE-MS-0029-0002.pdf | Detail
Jury Verdict 02/09/2007
EE-MS-0029-0003.pdf | Detail
Judgment 02/12/2007 (N.D. Miss.)
EE-MS-0029-0004.pdf | Detail
EEOC Press Release 02/12/2007
EE-MS-0029-0005.pdf | Detail
Memorandum Opinion 09/12/2007 (2007 WL 2702663) (N.D. Miss.)
EE-MS-0029-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention 10/19/2007
EE-MS-0029-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention 01/09/2008
EE-MS-0029-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/02/2008 (N.D. Miss.)
EE-MS-0029-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/04/2008
EE-MS-0029-0010.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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