University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. VULCAN LINCOLN-MERCURY EE-AL-0085
Docket / Court 2:05-cv-01034-UWC ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
EEOC's Birmingham, AL office and Washington, DC office jointly filed this retaliation lawsuit against the defendant, Vulcan Lincoln Mercury in the United States District Court for the Northern District of Alabama on 05/18/2005. The defendant, a division of Serra Automotive Group, was a new and ... read more >
EEOC's Birmingham, AL office and Washington, DC office jointly filed this retaliation lawsuit against the defendant, Vulcan Lincoln Mercury in the United States District Court for the Northern District of Alabama on 05/18/2005. The defendant, a division of Serra Automotive Group, was a new and used car dealer in Birmingham, Alabama. EEOC alleged that three former managers of defendant were subject to retaliatory discharge because they participated in an internal investigation of another employee's sexual harassment claim. The individual complainants filed motions to intervene but the district court did not make a decision on the motions before the case was resolved.

The parties settled fairly quickly after the case was referred to mediation. The district court entered a consent judgment and dismissed the case on 10/31/2005.

Under the three-year consent decree, the defendant agreed to pay the three individual complainants a total sum of $330,000. The defendant also agreed to expunge record of the lawsuit from the complainants' personnel files and provide neutral references in the future. Additionally, the defendant was required to host trainings, post a notice of the lawsuit, and distribute its revised anti-retaliation policy. The defendant was allowed to apply for shortening the duration of the consent decree after two years.

Justin Kanter - 07/10/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Vulcan Lincoln Mercury
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 2005 - 2008
Case Closing Year 2005
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)
2:05-cv-01034-UWC (N.D. Ala.) 10/31/2005
EE-AL-0085-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/18/2005
EE-AL-0085-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice 10/31/2005 (N.D. Ala.)
EE-AL-0085-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 10/31/2005
EE-AL-0085-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report- October 2005 02/02/2006
EE-AL-0085-0010.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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