Case: EEOC v. ALEX C FERGUSSON INC

1:06-cv-00345 | U.S. District Court for the Western District of New York

Filed Date: May 25, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In May 2006, the New York District Office of the EEOC (with the participation of the Boston Area Office) filed this suit against Alex C. Fergusson, Inc. in the U.S. District Court for the Western District of New York alleging discrimination in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the defendant maintained a mandatory retirement policy, requiring employees to retire at age sixty-five. When the charging party turned sixty-five years old, the defen…

In May 2006, the New York District Office of the EEOC (with the participation of the Boston Area Office) filed this suit against Alex C. Fergusson, Inc. in the U.S. District Court for the Western District of New York alleging discrimination in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the defendant maintained a mandatory retirement policy, requiring employees to retire at age sixty-five. When the charging party turned sixty-five years old, the defendant told him he must retire or accept reduced hours and pay. After some discovery and scheduling orders, the parties settled in January 2007 through a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post an ADEA notice, distribute the notice and its anti-discrimination policy to all employees, report to the EEOC at specified intervals, and pay $50,500. In addition, the defendant agreed to provide training of at least eight hours to its management employees concerning Title VII, the Equal Pay Act, the Americans with Disabilities Act, and the ADEA. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (6/13/2007)

Documents in the Clearinghouse

Document

1:06-cv-00345

Docket

EEOC v. Alex C Fergusson Inc

Jan. 31, 2007

Jan. 31, 2007

Docket
1

1:06-cv-00345

Complaint

EEOC v. Alex C Fergusson Inc

May 25, 2006

May 25, 2006

Complaint
11-2

1:06-cv-00345

Consent Decree

EEOC v. Alex C Fergusson Inc

Jan. 29, 2007

Jan. 29, 2007

Settlement Agreement

Resources

Docket

Last updated March 2, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alex C. Fergusson, Inc. , filed by Equal Employment Opportunity Commission; jury trial demanded.(DZ, ) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

Summons Issued as to Alex C. Fergusson, Inc.. (DZ, ) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

3

Answer of Alex C. Fergusson, Inc. ANSWER to Complaint by Alex C. Fergusson, Inc..(Rowsell, Jamie) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

Document 3 ANSWER to Complaint by Alex C. Fergusson, Inc. filed without proof of service (SG) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

4

Answer of Alex C. Fergusson, Inc. w/Affidavit of Service ANSWER to Complaint by Alex C. Fergusson, Inc..(Rowsell, Jamie) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

5

ORDER REFERRING CASE to Magistrate Judge H. Kenneth Schroeder, Jr. Signed by Hon. Richard J. Arcara on 9/6/2006. (Baker, J.) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

6

ORDER REFERRING CASE to Mediation. Magistrate Judge Schroeder to set deadlines. Signed by Hon. Richard J. Arcara on 9/11/2006. (Baker, J.) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

7

ORDER OF PRELIMINARY PRETRIAL CONFERENCE: Preliminary Pretrial Conferenceset for 10/31/2006 at 10:00 AM before the Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 9/11/06. (Attachments: # 1 # 2 # 3)(LMG) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

8

TEXT ORDER: Due to the Court's trial schedule, the Preliminary Pretrial Conference scheduled to be held on 10/31/2006 at 10:00 AM has been rescheduled to 11/6/2006 at 11:00 AM. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 9/27/06. (LMG) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

9

DISCOVERY PLAN by Equal Employment Opportunity Commission, Alex C. Fergusson, Inc..(Penzel, Markus) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

10

CASE MANAGEMENT ORDER signed by the Hon. H. Kenneth Schroeder Jr. on 11/6/06. (LMG) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

11

Consent MOTION to Approve Consent Judgment /Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Consent Decree)(Penzel, Markus) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

12

TEXT ORDER approving consent decree 11 filed by Equal Employment Opportunity Commission. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 1/31/2007. (Baker, J.) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 25, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alex C. Fergusson, Inc., Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50500

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits