University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. H & M INTERNATIONAL TRANSPORTATION, INC. EE-IL-0106
Docket / Court 1:05-cv-04995 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2005, the Chicago District Office of the EEOC brought this suit against H and M International Transportation, Inc. in the U.S. District Court for the Northern District of Illinois alleging that the defendant discriminated against the two charging parties and a group of similarly situated ... read more >
In August 2005, the Chicago District Office of the EEOC brought this suit against H and M International Transportation, Inc. in the U.S. District Court for the Northern District of Illinois alleging that the defendant discriminated against the two charging parties and a group of similarly situated female employees in violation of Title VII of the Civil Rights Act of 1964 by subjecting them to sexual harassment. In October 2005, one of the charging parties intervened in the suit. A few weeks later in early November, the defendant filed a motion to dismiss. The second charging party intervened in the suit in mid November. The defendant's motion to dismiss was denied in January 2006. After some discovery disputes, one of the charging parties was voluntarily dismissed from the case in late June 2006. Thereafter, the parties participated in a settlement conference in October 2006, resulting in a tentative settlement. The parties entered into a final agreement in November 2006 through a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: revise and distribute its sexual harassment policy, post a notice of employee rights, provide Title VII training for all its employees, retain relevant records, report to the EEOC at specified intervals, and pay $150,000.

Michele Marxkors - 07/31/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Pay / Benefits
Discrimination-basis
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
Defendant(s) H and M International Transportation, 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 - 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)
1:05-cv-04995 (N.D. Ill.) 11/29/2006
EE-IL-0106-9000 PDF | Detail
General Documents
Complaint 08/30/2005
EE-IL-0106-0001 PDF | Detail
Intervener's Complaint [of Intervening Plaintiff Farley] 10/31/2005
EE-IL-0106-0002 PDF | Detail
Memorandum Opinion and Order 01/10/2006 (N.D. Ill.)
EE-IL-0106-0003 PDF | Detail
Complaint of Intervening Plaintiff Anita Evans 01/27/2006
EE-IL-0106-0004 PDF | Detail
Consent Decree 11/16/2006
EE-IL-0106-0005 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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