University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FPM IPSEN HEAT TREATING EE-IL-0091
Docket / Court 03 C 50361 ( N.D. Ill. )
State/Territory Illinois
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 Chicago Office of the EEOC filed this lawsuit against FPM Ipsen Heat, Inc. in the U.S. District Court for the Northern District of Illinois alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the ... read more >
In September 2003, the Chicago Office of the EEOC filed this lawsuit against FPM Ipsen Heat, Inc. in the U.S. District Court for the Northern District of Illinois 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 defendant subjected the ten charging parties, Mexican employees, to disparate treatment including assigning them harder and more dangerous labor, denying them breaks and access to proper safety equipment, and retaliating in response to complaints about the disparate treatment, leading to constructive or retaliatory discharges of several workers. The claimants intervened in the lawsuit in November 2003. Following a series of settlement conferences, the parties settled the lawsuit in November 2004 through a consent decree.

The one-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: reinstate certain complainants, post and distribute notice of employee rights, provide EEO training, revise defendant's current policies against discrimination, maintain and make available records of complaints regarding national origin discrimination to the EEOC, pay $20,000 to be distributed among 10 claimants and $10,000 for claimants' legal expenses.

Daisy Manning - 10/22/2007


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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
Recordkeeping
Reinstatement
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Impact
Disparate Treatment
Pattern or Practice
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) FPM Ipsen Heat Treating, 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 2004 - 2005
Case Closing Year 2004
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)
3:03-cv-50361 (N.D. Ill.) 11/17/2004
EE-IL-0091-9000.pdf | Detail
General Documents
Complaint 09/09/2003
EE-IL-0091-0001.pdf | Detail
Complaint of Intervenor-Plaintiffs 11/24/2003
EE-IL-0091-0002.pdf | Detail
Consent Decree 11/19/2004
EE-IL-0091-0003.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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