University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ALEX C FERGUSSON INC EE-NY-0002
Docket / Court 1:06-cv-00345-RJA-HKS ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
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 ... read more >
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.

Michele Marxkors - 06/13/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
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
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Alex C. Fergusson, 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 2007 - 2009
Case Closing Year 2007
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)
1:06-cv-00345-RJA-HKS (W.D.N.Y.) 01/31/2007
EE-NY-0002-9000 PDF | Detail
General Documents
Complaint 05/25/2006
EE-NY-0002-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/29/2007
EE-NY-0002-0002 PDF | Detail
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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