University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. EASTMAN KODAK EE-NY-0046
Docket / Court 6:06-cv-06489-CJS ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In late September 2006, the New York District Office of the EEOC brought this suit against Eastman Kodak Company in the U.S. District Court for the Western District of New York alleging violations of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (" ... read more >
In late September 2006, the New York District Office of the EEOC brought this suit against Eastman Kodak Company in the U.S. District Court for the Western District of New York alleging violations of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the complaint alleged that specific provisions of the defendant's releases and waivers prohibited employees who signed them from assisting any person or entity in bringing a Title VII or ADEA lawsuit. In addition, the releases and waivers required any employees who violated these provisions to return all severance payments back to the defendant and to pay the defendant's legal fees and costs associated with any resulting charges of discrimination. The parties settled almost immediately through a consent decree in early October 2006.

The two-year decree contained a non-retaliation clause and prohibited the defendant from using any release or waiver which includes a provision restricting its former employees from assisting others with their claims of discrimination and from enforcing the prior releases and waivers. The defendant also agreed to: modify its current releases and waivers, provide EEO training, and inform current and former employees that the former releases and severance agreements would not be used to prevent them from assisting with claims of discrimination.

Michele Marxkors - 07/06/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Eastman Kodak Company
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 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)
6:06-cv-06489-CJS (W.D.N.Y.) 10/11/2006
EE-NY-0046-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-NY-0046-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 10/11/2006
EE-NY-0046-0002.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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