University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THERMAL FOAMS, INC. EE-NY-0171
Docket / Court 1:05-cv-00461-WMS-LGF ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Boston Area Office of the EEOC brought this suit against Thermal Forms, Inc. in June 2005 in the U.S. District Court for the Western District of New York. The complaint alleged that the defendant violated the Age Discrimination in Employment Act when it discharged its five oldest employees ... read more >
The Boston Area Office of the EEOC brought this suit against Thermal Forms, Inc. in June 2005 in the U.S. District Court for the Western District of New York. The complaint alleged that the defendant violated the Age Discrimination in Employment Act when it discharged its five oldest employees whose average age was 50 and replaced them with younger, less-qualified employees whose average age was 30. The parties engaged in court-ordered mediation and entered into a consent decree in April 2006. The two-year consent decree required the defendant to refrain from discrimination and retaliation; pay a total of $130,600 in damages; create an anti-discrimination policy; post a notice of equal employment opportunity laws; train its supervisors on the ADEA; and make biannual reports to the EEOC.

Kevin Wilemon - 06/11/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
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) Thermal Foams, Inc.
Thermal Foams, 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 2006 - 2008
Case Closing Year 2006
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)
1:05-cv-00461-WMS-LGF (W.D.N.Y.) 04/13/2006
EE-NY-0171-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/2005
EE-NY-0171-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/21/2006
EE-NY-0171-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Closing Case] 04/13/2006 (W.D.N.Y.)
EE-NY-0171-0005.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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