University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. MERRILL GARDENS LLC EE-IN-0070
Docket / Court 1:05-cv-00004-TLS-RBC ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
This suit was brought by the Indianapolis office of the EEOC in January 2005 in the U.S. District Court for the Northern District of Indiana against Merrill Gardens LLC. The complaint alleged that Merrill Gardens had a pattern or practice of not hiring non-Caucasians, in violation of Title VII of ... read more >
This suit was brought by the Indianapolis office of the EEOC in January 2005 in the U.S. District Court for the Northern District of Indiana against Merrill Gardens LLC. The complaint alleged that Merrill Gardens had a pattern or practice of not hiring non-Caucasians, in violation of Title VII of the Civil Rights Act of 1964. The case was consolidated with a private class action lawsuit that had previously been filed by some of the charging parties in the EEOC action (1:04-cv-00248-TLS-RBC). The cases ended with a consent decree entered in the EEOC case October 2005 and a class action settlement subsequently entered in the private case.

The consent decree is in effect for 42 months, though some provisions will cease effect if Merrill Gardens loses ownership of its facility. The consent decree requires Merrill Garden to hire without using race as a basis, and generally not to discriminate or retaliate in violation of Title VII. It requires the defendant to pay a total of $750,000 to known and unknown class members, including $100,000 in attorneys' fees. Additionally, Merrill Gardens must post and distribute a notice of non-discrimination, give non-discrimination training to its employees, keep relevant records, and report to the EEOC.

Shankar Viswanathan - 08/11/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Merrill Gardens LLC
Merrill Gardens LLC
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
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 - 2009
Case Closing Year 2005
Case Ongoing No
Case Listing EE-IN-0129 : Hill v. Merrill Gardens LLC (N.D. Ind.)
Additional Resources
click to show/hide detail
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-00004-TLS-RBC (N.D. Ind.) 04/12/2006
EE-IN-0070-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/04/2005
EE-IN-0070-0001 PDF | Detail
Complaint [Amended] 02/02/2005
EE-IN-0070-0002 PDF | Detail
Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree 06/08/2005 (N.D. Ind.)
EE-IN-0070-0004 PDF | Detail
Order [Contains Settlement Agreement] 06/08/2005 (N.D. Ind.)
EE-IN-0070-0005 PDF | Detail
EEOC Press Release 06/22/2005
EE-IN-0070-0014 PDF | Detail
Entry of Consent Decree 10/04/2005
EE-IN-0070-0006 PDF | Detail
Opinion and Order Granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree 10/06/2005 (N.D. Ind.)
EE-IN-0070-0007 PDF | Detail
Joint Verified Final Report and Court Approval and Final Order 04/12/2006 (N.D. Ind.)
EE-IN-0070-0009 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

- click to show/hide ALL -

new search
page permalink

- top of page -