University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. United Fence Company & Wor-Mac, Inc. EE-IL-0241
Docket / Court 02 C 6589 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2002, the Chicago District Office of the EEOC brought this lawsuit against United Fence Company and Wor-Mar, Inc. in the U.S. District Court for the Northern District of Illinois alleging discrimination on the basis of race, African American, and natural origin, Hispanic, in violation ... read more >
In September 2002, the Chicago District Office of the EEOC brought this lawsuit against United Fence Company and Wor-Mar, Inc. in the U.S. District Court for the Northern District of Illinois alleging discrimination on the basis of race, African American, and natural origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the complainants, Hispanic employees, to a hostile work environment by reprimanding them for speaking Spanish and subjecting them to disparate treatment, and for failing to take corrective action in response to complaints of disparate treatment on the basis of race, African-American. Following some discovery and several status conferences, the parties settled the lawsuit in December 2003 through a consent decree.

The eighteen-month decree, containing anti-discrimination and retaliation clauses, required the defendants to: report on complaints and make compliance reports to the EEOC, keep records regarding complaints, allow the EEOC access for monitoring, stop preventing employees from speaking Spanish outside of certain circumstances, develop an anti-discrimination policy, post and distribute notice of employee rights, provide EEO training for all persons able to make hiring or disciplinary decisions, and pay $50,000 to be distributed among fourteen complainants.

Daisy Manning - 01/10/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Pay / Benefits
Discrimination-basis
Language discrimination
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) United Fence Company
Wor-Mar, 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 2003 - 2005
Case Closing Year 2003
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)
1:02-cv-06589 (N.D. Ill.) 12/22/2003
EE-IL-0241-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/17/2002
EE-IL-0241-0002 PDF | Detail
Amended Complaint 10/01/2002
EE-IL-0241-0003 PDF | Detail
Consent Decree 12/22/2003
EE-IL-0241-0001 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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