University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HANNABERY HVAC EE-PA-0085
Docket / Court 06-4331 TMG ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Philadelphia District Office of the EEOC brought this suit against Hannabery Electric, Inc, doing business as Hannabery HVAC, in the United States District Court for the Eastern District of Pennsylvania in September 2006. After the District Court denied the complainants' motion to intervene in ... read more >
The Philadelphia District Office of the EEOC brought this suit against Hannabery Electric, Inc, doing business as Hannabery HVAC, in the United States District Court for the Eastern District of Pennsylvania in September 2006. After the District Court denied the complainants' motion to intervene in April 2007, they filed a separate suit against the defendants in July 2007. Both complaints alleged violation of the ADEA by subjecting older workers to disparate terms and conditions of employment, including discharge, loss of raises, benefits and bonuses, negative performance evaluations, and excessive scrutiny of their job performances. The private plaintiffs' complaint also alleged violations of the Pennsylvania Human Relations Act. Prior to consolidation in November 2007, several status and settlement conferences occurred in the EEOC's case, but very little litigation activity occurred in the private plaintiffs' case. All claims were settled by consent decree in January 2008.

The five-year consent decree, containing anti-discrimination and anti-retaliation clauses, requires the defendant to post notice of its anti-discrimination policy, provide ADEA training to all supervisory and management employees, and report to the EEOC verifying that training was conducted, a list of training attendees, and the duration of training. The consent decree also required the defendant to pay a total of $156,700 to five complainants.

Daisy Manning - 08/10/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Hannabery Electric, 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 2008 - 2013
Case Closing Year 2008
Case Ongoing No
Case Listing EE-PA-0216 : Morrone v. Hall et al (E.D. Pa.)
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)
2:06-cv-04331-TMG (E.D. Pa.) 03/04/2008
EE-PA-0085-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2006
EE-PA-0085-0001.pdf | Detail
Intervenor Complaint 12/21/2006
EE-PA-0085-0002.pdf | Detail
First Amended Complaint 03/15/2007
EE-PA-0085-0003.pdf | Detail
Order [Dismissing Action] 12/06/2007 (E.D. Pa.)
EE-PA-0085-0004.pdf | Detail
Consent Decree 12/21/2007
EE-PA-0085-0005.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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