University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CUSTOM COMPANIES INC EE-IL-0062
Docket / Court 1:02-cv-03768 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In May of 2002, the EEOC's Chicago District Office filed suit in U.S. District Court, Northern District of Illinois, against Custom Companies Inc., a trucking company, and related corporate entities. The suit alleged sexual harassment and retaliation in violation of Title VII.

The ... read more >
In May of 2002, the EEOC's Chicago District Office filed suit in U.S. District Court, Northern District of Illinois, against Custom Companies Inc., a trucking company, and related corporate entities. The suit alleged sexual harassment and retaliation in violation of Title VII.

The charging parties intervened as plaintiffs. In July of 2003, the case was consolidated with a separate action brought by the EEOC against Custom Companies (1:03-cv-02293). The defendants made multiple motions for summary judgment; one was granted in part, the others were denied. After a prologued series of discovery disputes, the case went to trial in November of 2006. On November 17, 2006, the jury returned a verdict in favor of the plaintiffs, awarding over $2 million in punitive damages and over $300,000 in compensatory damages. In March of 2007, the award was halved pursuant to statutory caps, and the court entered the judgment against the defendants.

Both parties moved to amend the judgment. In June of 2007, the defendants appealed the judgment. In December of 2007, the parties came to terms, and the Court of Appeals remanded the case so that the district court could amend the judgment to reflect the settlement. After some disputes regarding withholding, a final order was entered in March of 2008 granting $452,800 in compensatory and punitive damages and $900,000 in attorney fees. Custom Companies was also ordered to conduct annual anti-discrimination training for its employees, and to report any future complaints of sexual harassment to the EEOC.

Jason Chester - 06/04/2008


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) CDN Logistics, Inc.
Custom Companies, Inc.
Custom Distribution Network, Inc.
Custom Executive Group, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of two 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 - 2009
Case Closing Year 2007
Case Ongoing No
Case Listing EE-IL-0063 : EEOC v. CUSTOM COMPANIES (N.D. Ill.)
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)
1:02-cv-03768 (N.D. Ill.) 05/03/2007
EE-IL-0062-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/28/2002
EE-IL-0062-0001 PDF | Detail
Plaintiffs-Intervenors' Complaint 08/20/2002
EE-IL-0062-0002 PDF | Detail
First Amended Complaint 03/10/2004
EE-IL-0062-0003 PDF | Detail
Memorandum Opinion and Order [Motions to Limit the Class in Case Nos. 02-C-3768 and 03-C-2293] 04/07/2004 (2004 WL 765891) (N.D. Ill.)
EE-IL-0062-0004 PDF | WESTLAW | Detail
Memorandum Opinion and Order [EEOC's Motion for Entry of a Protective Order and Motion to Compel] 07/21/2004 (N.D. Ill.)
EE-IL-0062-0005 PDF | Detail
Second Amended Complaint 07/23/2004
EE-IL-0062-0006 PDF | Detail
Memorandum Opinion and Order [Motion for Summary Judgment] 10/23/2006 (N.D. Ill.)
EE-IL-0062-0008 PDF | Detail
Memorandum Opinion and Order 10/26/2006 (2006 WL 3087104) (N.D. Ill.)
EE-IL-0062-0019 PDF | WESTLAW | Detail
EEOC Press Release 11/17/2006
EE-IL-0062-0009 PDF | Detail
Memorandum Opinion and Order [Entering Final Judgment] 03/08/2007 (2007 WL 734395) (N.D. Ill.)
EE-IL-0062-0010 PDF | WESTLAW | Detail
EEOC Press Release 03/08/2007
EE-IL-0062-0011 PDF | Detail
Memorandum Opinion and Order [Granting in Part and Denying in Part Reconsideration] 06/21/2007 (2007 WL 1810495) (N.D. Ill.)
EE-IL-0062-0015 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Mandate 12/27/2007
EE-IL-0062-0016 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Modified Injunction Order 03/06/2008 (N.D. Ill.)
EE-IL-0062-0017 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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