University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. OILGEAR COMPANY EE-NE-0010
Docket / Court 8:01-cv-00462-JFB-TDT ( D. Neb. )
State/Territory Nebraska
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2001, the EEOC district office in Denver, Colorado brought this suit against the Oilgear Company in the U.S. District Court for the District of Nebraska, alleging that the defendant violated the Age Discrimination in Employment Act by paying a lower wage to an employee because of his ... read more >
In September 2001, the EEOC district office in Denver, Colorado brought this suit against the Oilgear Company in the U.S. District Court for the District of Nebraska, alleging that the defendant violated the Age Discrimination in Employment Act by paying a lower wage to an employee because of his age and by failing to promote him because of his age. A defense motion for summary judgment was granted in part and denied in part; the court held that the employee's failure-to-promote claim was time-barred. 250 F.Supp.2d 1193 (D.Neb. 2003).

A consent decree was entered in April 2003. The parties agreed that the defendant would pay the aggrieved male $10,000, refrain from retaliating, implement and post an EEO policy and notice, provide EEO training, and allow the EEOC to monitor its compliance. No fees or costs were awarded. The terms of the decree ran for three years.

Jason Chester - 06/26/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Pay / Benefits
Promotion
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Oilgear Company
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 2003 - 2006
Case Closing Year 2003
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)
8:01-cv-00462-JFB-TDT (D. Neb.) 04/24/2003
EE-NE-0010-9000.pdf | Detail
General Documents
Memorandum and Order [Regarding Defendant's Motion for Summary Judgment] 03/12/2003 (250 F.Supp.2d 1193) (D. Neb.)
EE-NE-0010-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 04/24/2003
EE-NE-0010-0001.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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