University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CON-WAY TRUCKING EE-FL-0026
Docket / Court 8:03-cv-02043-JDW-TGW ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2003, the Tampa Area Office (with participation from the Miami District Office) filed this suit against Con-Way Transportation Services, Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of national origin in violation of Title VII ... read more >
In September 2003, the Tampa Area Office (with participation from the Miami District Office) filed this suit against Con-Way Transportation Services, Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the three charging parties, Cuban employees, to a hostile work environment consisting of ethnically offensive comments and jokes. In addition, the defendant retaliated against the charging parties after they complained of the discrimination by unfairly disciplining them, changing their work routes, taking away their breaks, and assigning them less desirable job tasks. In January 2004, the charging parties intervened in the suit. After participating in an unsuccessful mediation process in August 2004, the defendant filed motions of summary judgment against the EEOC and each of the charging parties in January 2005. Before a judgment was reached on these motions, the parties settled through a consent decree in May 2005.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: distribute its anti-discrimination policy, provide annual Title VII training, provide the charging parties with neutral letters of reference, post a Title VII notice, and report to the EEOC annually. In addition, the defendant agreed to pay $240,000.

Michele Marxkors - 06/12/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Con-Way Transportation Services, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought None on record
Class action status granted None on record
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 - 2008
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)
8:03-cv-02043-JDW-TGW (M.D. Fla.) 05/20/2005
EE-FL-0026-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2003
EE-FL-0026-0001 PDF | Detail
[Amended] Complaint 02/19/2004
EE-FL-0026-0002 PDF | Detail
Consent Decree 05/16/2005
EE-FL-0026-0003 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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