University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NOVEON, INC EE-MA-0012
Docket / Court 06-CA-11734 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the New York District Office of the EEOC brought this suit against the Lubrizol Corporation and Noveon, Inc. in the U.S. District Court for the District of Massachusetts alleging that the defendants discriminated and retaliated against the two charging parties in violation of ... read more >
In September 2006, the New York District Office of the EEOC brought this suit against the Lubrizol Corporation and Noveon, Inc. in the U.S. District Court for the District of Massachusetts alleging that the defendants discriminated and retaliated against the two charging parties in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant subjected one of the charging parties to a hostile work environment based on his race, Asian, and national origin, Chinese/Vietnamese, and retaliated against him by changing his job assignments and further harassing him, resulting in his constructive discharge. In addition, the defendants retaliated against the second charging party for his opposition to the harassment by terminating him. With little other action in the case, the parties settled in December 2006 through a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendants to: post a notice of the decree, adopt and distribute an anti-harassment and EEO policy, provide Title VII training for all their employees, report to the EEOC at specified intervals, and pay $414,000.

Michele Marxkors - 08/13/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Asian/Pacific Islander
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Noveon, Inc.
The Lubrizol 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 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)
1:06-cv-11734-RWZ (D. Mass.) 12/18/2006
EE-MA-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand 09/27/2006
EE-MA-0012-0001.pdf | Detail
Consent Decree 12/18/2006
EE-MA-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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