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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. KPMG Peat Marwick, LLP EE-TX-0191
Docket / Court 4:96-cv-04076 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In November 1996, the Houston, TX office of the EEOC brought this suit against accounting firm KPMG Peat Marwick, LLP in the U.S. District Court for the Southern District of Texas. While the complaint is not available, it can be gathered from the consent decree that the EEOC alleged that the ... read more >
In November 1996, the Houston, TX office of the EEOC brought this suit against accounting firm KPMG Peat Marwick, LLP in the U.S. District Court for the Southern District of Texas. While the complaint is not available, it can be gathered from the consent decree that the EEOC alleged that the company willfully discriminated against a class of persons forty years of age or older who had applied for positions with the firm and been rejected in violation of the Age Discrimination in Employment Act (ADEA). The case was resolved in November 1996 by the entry of a consent decree.

The decree established a $600,000.00 settlement fund for distribution to the charging parties. Additionally, the defendant agreed to hire at least three of the original complainants. In the extensive and detailed consent decree, the defendant company agreed to take several measures in order to assure that its recruiting and hiring practices were in accordance with the ADEA. The decree requires that employees of the company involved with the recruitment and hiring of new employees be given non-discrimination training. The decree also requires that the defendant report to the EEOC on a semi-annual basis, detailing the steps the firm has taken to ensure compliance with the decree.

Kevin Wilemon - 09/26/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Expungement of Employment Record
Follow recruitment, hiring, or promotion protocols
Hire
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Retroactive Senority
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) KPMG Peat Marwick LLP
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 1996 - 1999
Case Closing Year 1996
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)
4:96-cv-04076 (S.D. Tex.) 11/27/1996
EE-TX-0191-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 11/27/1996
EE-TX-0191-0001.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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