University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. McKesson Water Products Company EE-CA-0138
Docket / Court 2:01-cv-09496-FMC-PJW ( C.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In November 2001, the Los Angeles District Office of the EEOC filed this lawsuit against McKesson Water Products Co. in the U.S. District Court for the Central District of California alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of ... read more >
In November 2001, the Los Angeles District Office of the EEOC filed this lawsuit against McKesson Water Products Co. in the U.S. District Court for the Central District of California alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. The complainants intervened in this lawsuit in November 2001. Prior to the defendant's appearance in the lawsuit, the lawsuit was settled through a consent decree between the EEOC, intervenors, and the successor to the defendant, Groupe Danone in February 2002. The consent decree was amended in May 2002.

The five-year decree, containing anti-discrimination and retaliation clauses, required the successor to: make compliance reports to the EEOC, keep records, retain an EEO Consultant for monitoring, develop an anti-discrimination policy, utilize objective job descriptions and hiring/promotion criteria, follow recruitment protocols, comply with recruiting and advertising requirements, post and distribute notice of employee rights, provide EEO training, implement dispute resolution processes, develop performance evaluation policies, and pay $1,657,000 to the complainants, attorneys, and a class fund.

Daisy Manning - 04/15/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Auditing
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Utilize objective job description
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) McKesson Water Products Co.
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 2002 - 2007
Case Closing Year 2002
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)
2:01-cv-09496-FMC-PJW (C.D. Cal.) 12/17/2002
EE-CA-0138-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Settlement Class Certification and Final Approval of Class Action Settlement 02/13/2002 (C.D. Cal.)
EE-CA-0138-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Court Approves $1.2 Million Settlement Between EEOC and McKesson for Race Discrimination 03/06/2002
EE-CA-0138-0003 PDF | Detail
Amended Consent Decree 05/10/2002
EE-CA-0138-0002 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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