University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THYSSENKRUPP ELEVATOR MANUFACTURING, INC. EE-TN-0119
Docket / Court 1-03-1160 T ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
EEOC's Memphis, Tennessee office filed this racial discrimination lawsuit against the defendant, Thyssenkrupp Elevator Manufacturing, Inc. in the United States District Court for the Western District of Tennessee on 06/27/2003. Thyssenkrupp manufactures, installs and repairs elevators throughout ... read more >
EEOC's Memphis, Tennessee office filed this racial discrimination lawsuit against the defendant, Thyssenkrupp Elevator Manufacturing, Inc. in the United States District Court for the Western District of Tennessee on 06/27/2003. Thyssenkrupp manufactures, installs and repairs elevators throughout the United States. EEOC alleged on behalf of a class of Black complainants that Thyssenkrupp harassed, wrongfully discharged, failed to promote and failed to hire Black employees or job applicants because of their race at its Middleton, Tennessee facility. It was also alleged that only Black employees were discharged during their probationary period for performance (as opposed to conduct or attendance) reasons.

The complainants did not intervene in the suit. The parties reached a settlement before the court decided on Thyssenkrupp's motion for summary judgment and the suit was resolved by a two-year consent decree.

The consent decree provided $175,000 in lump sum to the class of complainants without specifying the amount for each individual. Thyssenkrupp would also expunge the record of this litigation from the individuals' personnel files and provide neutral reference for them in the future. Under the decree, Thyssenkrupp was enjoined from discriminating, harassing, and retaliating against any Black employee or job applicant. It was required to provide training to all supervisory and management personnel at its Middleton, TN facility. It was required to distribute and post for one year its EEO policy. The decree provided that Thyssenkrupp hire a list of Black individuals specified by the EEOC. It was also required that Thyssenkrupp make a good-faith effort to offer employment to qualified Black individuals previously denied employment and still wishing to be hired. Additionally, Thyssenkrupp must place advertisements of job openings in designated media and ensure that its pre-employment tests do not adversely affect minority applicants.

Justin Kanter - 06/09/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Expungement of Employment Record
Hire
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Promotion
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Thyssenkrupp Elevator Manufacturing, 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 2005 - 2007
Case Closing Year 2005
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)
1-03-1160 T (W.D. Tenn.) 10/25/2005
EE-TN-0119-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC Litigation Settlement Report 2005 10/25/2005
EE-TN-0119-0002 PDF | Detail
Consent Decree 05/16/2007
EE-TN-0119-0001 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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