University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ATMI PRECAST et al EE-IL-0018
Docket / Court 1:01-cv-07505 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2001, the EEOC district office in Chicago, Illinois brought this suit against ATMI Precast and the Waubonsee Development Company in the U.S. District Court for the Northern District of Illinois. The complaint alleged violations Title VII of the Civil Rights Act of 1964 based on ... read more >
In September 2001, the EEOC district office in Chicago, Illinois brought this suit against ATMI Precast and the Waubonsee Development Company in the U.S. District Court for the Northern District of Illinois. The complaint alleged violations Title VII of the Civil Rights Act of 1964 based on national origin discrimination. Specifically, employees claimed that the defendant paid Mexicans lower wages, constructively discharged them, refused to hire/transfer Mexicans, and did not respond to complaints of national origin discrimination. After appearances were entered, the case was settled and a consent decree was entered in August 2002.

In the consent decree, the parties agreed that the defendant would pay the aggrieved males $132,500, refrain from discriminating or retaliating on the basis of national origin, advertise jobs in English and Spanish, post EEO notices, make semiannual reports of all complaints, and keep all employment records for EEOC inspection. No fees or costs were awarded. The terms of the decree ran for three years.

Jason Chester - 06/21/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) ATMI Precast
Waubonsee Development Company, 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 2002 - 2005
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)
1:01-cv-07505 (N.D. Ill.) 08/21/2002
EE-IL-0018-9000 PDF | Detail
General Documents
Complaint 09/28/2001
EE-IL-0018-0001 PDF | Detail
Consent Decree 08/21/2002
EE-IL-0018-0002 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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