University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Milgard Manufacturing Incorporated dba Milgard Windows EE-CO-0037
Docket / Court 01-MK-1731 (OES) ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2001, the Denver District Office brought this suit against Milgard Manufacturing, Inc., a producer of windows and sliding doors, in the U.S. District Court for the District of Colorado alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil ... read more >
In August 2001, the Denver District Office brought this suit against Milgard Manufacturing, Inc., a producer of windows and sliding doors, in the U.S. District Court for the District of Colorado alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's litigation settlement report that the complaint alleged the defendant engaged in racially discriminatory practices by not hiring black applicants. The human resources assistant who complained about the discriminatory practices was also allegedly harassed, criticized and forced to resign her employment in retaliation for her complaints. These actions were in violation of Title VII of the Civil Rights Act of 1964. The charging party intervened in the suit in April 2002.

After some discovery and a stay of proceedings of unknown duration starting in December 2003, the parties settled in May 2004 through a consent decree. We do not have a copy of the consent decree; therefore the exact conditions of the decree are unknown. However, it appears from the EEOC's litigation settlement report that the three-year decree required the defendant to retain a Consent Decree Monitor who will evaluate and report to EEOC on defendant's compliance with the decree. The defendant must report to the EEOC every six months on the race and ethnicity of applicants and hires, and shall engage in recruitment and outreach efforts at the area high school and the Urban League to increase the number of blacks in its applicant pool. The defendant must pay a total of $3.35 million, including relief to the class of black applicants denied positions, compensation for a consent decree monitor, and relief to the human resources assistant.

The decree was amended by agreement a number of times. First, after some kind of dispute among the parties, the provisions governing claimants were changed, and what seems like a small amount of additional money added into their damages. (This was approved in August 2005.) Then the decree was extended, by consent, three different times. In May 2007, the term was extended from May 2007 to May 2008. A year later, it was extended till the end of 2008, and then in April 2009, it was extended till June 30, 2009. There have been some ongoing enforcement that led to these extensions, but the docket does not set out any details.

Keri Livingston - 09/27/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Comply with advertising/recruiting requirements
Monitor/Master
Other requirements regarding hiring, promotion, retention
Reporting
Utilize objective hiring/promotion criteria
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Milgard Manufacturing, Incorporated
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 2004 - 2007
Case Closing Year 2004
Case Ongoing No
Additional Resources
click to show/hide detail
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)
1:01-cv-01731-MSK-OES (D. Colo.) 04/22/2009
EE-CO-0037-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC Settles Racial Hiring Case Against Milgard Windows for $3.37 Million 05/20/2004
EE-CO-0037-0001 PDF | Detail
EEOC Litigation Settlement Report 11/15/2004
EE-CO-0037-0003 PDF | Detail
EEOC Performance and Accountability Report FY 2004 11/18/2004
EE-CO-0037-0002 PDF | Detail
Joint MOTION to Amend Approved Consent Decree 08/26/2005
EE-CO-0037-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/26/2005 (D. Colo.)
EE-CO-0037-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Office of General Counsel FY 2004 General Report 10/18/2005
EE-CO-0037-0004 PDF | Detail
Joint MOTION to Approve Amendment of Consent Decree 04/13/2007
EE-CO-0037-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Amendment of Consent Decree 05/04/2007 (D. Colo.)
EE-CO-0037-0005 PDF | Detail
Order Approving Amendment of Consent Decree 05/04/2007 (D. Colo.)
EE-CO-0037-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Joint Motion to Approve Amendment of Consent Decree 05/02/2008
EE-CO-0037-0006 PDF | Detail
Document Source: District Court
Second Joint Motion to Approve Amendment of Consent Agreement 05/02/2008
EE-CO-0037-0012 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Amendment of Consent Decree 04/22/2009 (D. Colo.)
EE-CO-0037-0011 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Krieger, Marcia S. (D. Colo.)
EE-CO-0037-0008 | EE-CO-0037-0009 | EE-CO-0037-0010 | EE-CO-0037-0011 | EE-CO-0037-9000
Schlatter, O. Edward (D. Colo.) [Magistrate]
EE-CO-0037-9000
Monitors/Masters None on record
Plaintiff's Lawyers Arckey, Thomas J (Colorado)
EE-CO-0037-9000
Hernandez, Evangelina Fierro (Colorado)
EE-CO-0037-9000
Kittle, Rita Byrnes (Colorado)
EE-CO-0037-0007 | EE-CO-0037-0009 | EE-CO-0037-0012 | EE-CO-0037-9000
Palma, Lynn L. (Colorado)
EE-CO-0037-9000
Defendant's Lawyers Dix, Katherine S (Colorado)
EE-CO-0037-9000
Marquess, Lawrence W (Colorado)
EE-CO-0037-0007 | EE-CO-0037-0009 | EE-CO-0037-0012 | EE-CO-0037-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -