University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Kaiser Aluminum Chem, et al EE-WA-0039
Docket / Court 2:99-cv-00169-EFS ( E.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 1999, the EEOC's Seattle office filed this action in the U.S. District Court for the Eastern District of Washington against Kaiser Aluminum & Chemical Corporation alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC claimed that the defendant had been ... read more >
In June 1999, the EEOC's Seattle office filed this action in the U.S. District Court for the Eastern District of Washington against Kaiser Aluminum & Chemical Corporation alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC claimed that the defendant had been administering a pre-employment physical strength exam that unlawfully discriminated as a result of its disparate impact upon women and which could not be justified by business necessity or job relatedness. Three women successfully intervened in the lawsuit in October 1999. Following much discovery the EEOC and the defendant agreed on a consent decree which was adopted by the court in May 2001. The decree required the defendant to amend its physical strength exam to accurately reflect job duties and notify the EEOC if was planning on amending it again. The defendant was also required to institute Title VII training programs and submit various reports to the EEOC throughout the three-year period of the consent decree. The charging parties were given preferential hiring status, so that they would be placed ahead of any new applicants.

Jason Chester - 07/19/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Follow recruitment, hiring, or promotion protocols
Monitoring
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Reporting
Utilize objective hiring/promotion criteria
Discrimination-area
Hiring
Testing
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Impact
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Kaiser Aluminum & Chemical Corporation
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2001 - 2004
Case Closing Year 2001
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)
2:99-cv-00169-EFS (E.D. Wash.) 05/22/2001
EE-WA-0039-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/11/1999
EE-WA-0039-0001.pdf | Detail
Order [Granting in part and denying in part motion to compel] 11/21/2000 (E.D. Wash.)
EE-WA-0039-0002.pdf | Detail
Consent Decree 05/11/2001
EE-WA-0039-0003.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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