University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. I.G. BURTON OF SEAFORD EE-DE-0012
Docket / Court 06-524 ( D. Del. )
State/Territory Delaware
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On August 24, 2006, the Wilmington office of the Equal Employment Opportunity Commission filed a lawsuit under the Age Discrimination in Employment Act against I.G. Burton of Seaford in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendants had violated the ... read more >
On August 24, 2006, the Wilmington office of the Equal Employment Opportunity Commission filed a lawsuit under the Age Discrimination in Employment Act against I.G. Burton of Seaford in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendants had violated the constitutional rights of the complainant, who worked for the defendant as a "runner," driving and delivering vehicles, by firing him on the basis of his age.

On December 17, 2007, the parties entered into a consent decree, which the court adopted two days later and closed the case. Under the decree, the defendants agreed to pay $70,000 in damages to three former employees that they terminated on the basis of age. The decree enjoined the defendants from discriminating unlawfully on the basis of age, and it required them to post notice of their employees' rights in a conspicuous location at their place of business. Under the decree, the EEOC had the right to send a representative (unannounced) to the defendants' place of business to determine whether they were in compliance with the terms of the consent decree that required them to post such notice. The defendants agreed to provide EEO training to all management personnel within 180 days of the entry of the consent decree, and annually thereafter during the life of the decree. The defendants were required to send a report to the EEOC within 10 days of their completion of the training requirements of the decree. The defendants agreed to provide the EEOC with a copy of all training materials that they used to train their management personnel. They also agreed to give the EEOC the right to prior approval of the person that they hired to administer the training.

Kristen Sagar - 04/28/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
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) I.G. Burton of Seaford LLC
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 2007 - 2010
Case Closing Year 2007
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)
1:06-cv-00524-SLR (D. Del.) 12/19/2007
EE-DE-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/24/2006
EE-DE-0012-0001.pdf | Detail
Consent Decree 12/19/2007
EE-DE-0012-0002.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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