University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CLEVELAND CONSTRUCTION INC EE-TN-0023
Docket / Court 2:04-cv-02730-SHM-tmp ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Memphis Office of the EEOC filed this action in the U.S. District Court for the Western District of Tennessee. The Defendant was Cleveland Construction Company. The controversy involved the alleged termination of a group of six African-American workers based on their race in violation of ... read more >
The Memphis Office of the EEOC filed this action in the U.S. District Court for the Western District of Tennessee. The Defendant was Cleveland Construction Company. The controversy involved the alleged termination of a group of six African-American workers based on their race in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in October 2006. The court denied a motion for summary judgment by the defendant. EEOC v. Cleveland Constr. Co., No. 04-2730 MA/P, 2006 WL 1806042 (W.D. Tenn. 2006). The complainants, who did not intervene in the case, were awarded $93,875, expungement of the controversy from their personnel files, and a guarantee of neutral references. In addition, the company was required to provide training and distribute a policy of non-discrimination. The decree was to last for one year.

Kevin Wilemon - 08/11/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Cleveland Construction, Inc.
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 - 2007
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)
2:04-cv-02730-SHM-tmp (W.D. Tenn.) 01/31/2007
EE-TN-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Plaintiff's Motion to Compel 02/23/2005 (W.D. Tenn.)
EE-TN-0023-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part Plaintiff's Motion for Protective Order 09/09/2005 (W.D. Tenn.)
EE-TN-0023-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff's Motion to Quash and Denying Defendant's Motion Seeking Permission to Subpoena Documents from Third Parties 06/09/2006 (2006 WL 2520922 / 2006 U.S.Dist.LEXIS 64222) (W.D. Tenn.)
EE-TN-0023-0004.pdf | WESTLAW| LEXIS | Detail
Order Denying Defendant's Motion for Summary Judgment 06/29/2006 (2006 WL 1806042 / 2006 U.S.Dist.LEXIS 44640) (W.D. Tenn.)
EE-TN-0023-0005.pdf | WESTLAW| LEXIS | Detail
Consent Decree 10/03/2006
EE-TN-0023-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pham, Tu M. (W.D. Tenn.) [Magistrate]
EE-TN-0023-9000
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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