University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. U.S. ALUMINUM, INC. EE-NJ-0097
Docket / Court 3:06-cv-03801-MLC-TJB ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this suit against U.S. Aluminum, Inc., UAW Local 1668, and United States Bronze Powders, Inc. in the U.S. District Court for the District of New Jersey in August 2006. The complaint alleged age discrimination in violation of the Age Discrimination in ... read more >
The New York District Office of the EEOC brought this suit against U.S. Aluminum, Inc., UAW Local 1668, and United States Bronze Powders, Inc. in the U.S. District Court for the District of New Jersey in August 2006. The complaint alleged age discrimination in violation of the Age Discrimination in Employment Act. The collective bargaining agreement entered into between the defendants reduces severance pay for employees entitled to pensions for each month they are older than 60; employees who are 65 and entitled to a pension are not entitled to receive severance pay. The case was ongoing in the district court as of 4/22/2008. All three defendants have moved for summary judgment, and the EEOC made a cross motion for summary judgment. On 4/22/2008, oral argument for the pending motions was set for 5/9/2008.

Kevin Wilemon - 05/29/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Pay / Benefits
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
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) U.S. Aluminum, Inc.
United Automobile, Aerospace & Agricultural Implement Workers of America Local 1668
United States Bronze Powders, 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 None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
3:06-cv-03801-MLC-TJB (D.N.J.) 04/22/2008
EE-NJ-0097-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/11/2006
EE-NJ-0097-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 10/17/2006
EE-NJ-0097-0002.pdf | Detail
Second Amended Complaint 05/29/2007
EE-NJ-0097-0003.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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