University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. VENTURA FOODS LLC EE-MN-0073
Docket / Court 0:05-cv-00663-RHK-JSM ( D. Minn. )
State/Territory Minnesota
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 2005, the Minneapolis District Office of the EEOC brought this suit against Ventura Foods, LLC in the U.S. District Court for the District of Minnesota alleging violatoin of the Age Discrimination in Employment Act, discrimination on the basis of age in violation of Title VII of the Civil ... read more >
In March 2005, the Minneapolis District Office of the EEOC brought this suit against Ventura Foods, LLC in the U.S. District Court for the District of Minnesota alleging violatoin of the Age Discrimination in Employment Act, discrimination on the basis of age in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Specifically, the complaint alleges the defendant instituted and maintained a policy contained in its Severance Agreement and General Release requiring terminated employees to waive their rights to file discrimination charges with the EEOC in exchange for severance payment, which is retaliatory under Title VII and the ADEA. After some discovery and filing of summary judgment motions by both parties, the parties settled in September 2006 through a consent decree.

The two-year decree, containing a non-retaliation clause, requires the defendant to: no longer contractually require employees or former employees to agree not file charges with the EEOC, pay employees who refused to sign the agreement the enhanced severance amount, inform former employees of the severance of the contract clause, waive the limitations period for filing discrimination charges with the EEOC, and permit monitoring by the EEOC.

Daisy Manning - 09/28/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Reporting
Retaliation Prohibition
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
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.
Equal Pay Act, 29 U.S.C. § 206(d)
Defendant(s) Ventura Foods, LLC
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)
0:05-cv-00663-RHK-JSM (D. Minn.) 09/01/2006
EE-MN-0073-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/31/2005
EE-MN-0073-0001 PDF | Detail
Consent Decree 09/01/2006
EE-MN-0073-0002 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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