University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FCR TENNESSEE, INC. EE-TN-0040
Docket / Court 98-2862 TUV ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 30, 1998, the Memphis and Little Rock offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against FCR Tennessee, Inc. in the U.S. District Court for the Western District of Tennessee. The EEOC alleged that the defendants had violated the rights of ... read more >
On September 30, 1998, the Memphis and Little Rock offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against FCR Tennessee, Inc. in the U.S. District Court for the Western District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainants (who intervened as private plaintiffs in the case) by subjecting them to sexual harassment in the workplace. We don't have the complaint for this case, so we have no further information on the allegations made.

On July 19, 1999, the plaintiff-intervenors filed a consent order of dismissal with the district court, voluntarily dismissing their claims against the defendants and agreeing to bear their own costs of litigation. On April 5, 2000, the EEOC and the defendants informed the court that they had settled the case, and on May 23, 2000, the district court adopted their consent decree and dismissed the case. Under the terms of the decree, the defendants agreed to pay $50,000 in damages, to be divided equally among the 5 complainants. Each party agreed to bear its own costs of litigation. The defendants were enjoined from discriminating unlawfully against any employee or retaliating against any employee who complained of such discrimination. They agreed to expunge the complainants' employment records of any reference to this lawsuit, and they agreed to provide each complainant with a neutral reference letter. The defendants agreed to place a written warning regarding sexual harassment in the personnel files of the two supervisors whose behavior was the reason for this lawsuit. They agreed to prohibit these male employees from supervising women in their work. The defendants agreed to train all of its employees at the Memphis facility regarding non-discrimination policies within 90 days of the consent decree. Finally, the defendants also agreed to post and distribute notice of the company's equal employment opportunity policies to each employee at the Memphis facility.

Kristen Sagar - 03/19/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
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) FCR Tennessee, 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 2000 - 2002
Case Closing Year 2000
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)
2:98-cv-02862-jsg (W.D. Tenn.) 06/06/2000
EE-TN-0040-9000 PDF | Detail
General Documents
Consent Order of Dismissal of Claims of Intervenors 07/19/1999 (W.D. Tenn.)
EE-TN-0040-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/21/2000
EE-TN-0040-0002 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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