University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HOME DEPOT U.S.A., INC. EE-CO-0023
Docket / Court 1:04-cv-01776-WYD ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In August 2004, the Denver District Office of the EEOC filed a class-wide suit in U.S. District Court, District of Colorado, against Home Depot, a nationwide hardware chain store. The complaint alleged that Home Depot engaged in a pattern or practice violating Title VII of the Civil Rights Act by ... read more >
In August 2004, the Denver District Office of the EEOC filed a class-wide suit in U.S. District Court, District of Colorado, against Home Depot, a nationwide hardware chain store. The complaint alleged that Home Depot engaged in a pattern or practice violating Title VII of the Civil Rights Act by discriminating against women, blacks, and Hispanics, creating a hostile work environment, and retaliating against those who complained.

The case, which was consolidated with another suit filed by a private party against Home Depot (1:03-cv-00126), was settled concurrently with its being filed, and in September of 2004 a consent decree was entered, resolving the case. Home Depot agreed to pay a total of $5.5 million in compensatory damages, and all Home Depot stores in Colorado were required to implement complaint procedures and training in anti-discrimination law.

In September of 2006 the EEOC filed an unopposed motion to amend the consent decree between the parties. The EEOC sought to extend the amount of time the defendant had to notify claimants of decisions made by the EEOC and to require that all claimants requests for review be sent immediately to the EEOC rather than forwarded to an Administrator. The court granted the motion the following day. Subsequently, the EEOC again sought an extension of time, which was granted.

Keri Livingston - 06/05/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
National origin discrimination
Race discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Home Depot U.S.A., Inc.
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 not on record
Case Closing Year 2004
Case Ongoing No
Case Listing EE-CO-0065 : Thompson v. Home Depot USA, Inc. (D. Colo.)
EE-CO-0024 : EEOC v. Home Depot U.S.A., Inc. (D. Colo.)
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)
1:04-cv-01776-WYD (D. Colo.) 12/02/2005
EE-CO-0023-9000.pdf | Detail
General Documents
"Home Depot to Pay $5.5 Million to Resolve Class Discrimination Lawsuit in Colorado" [EEOC Press Release] 08/25/2004
EE-CO-0023-0002.pdf | Detail
EEOC Litigation Settlement Report (September 2005) [Selection] 09/01/2005
EE-CO-0023-0003.pdf | Detail
EEOC's Unopposed Motion to Amend Consent Decree 09/19/2005
EE-CO-0023-0006.pdf | Detail
Document Source: District Court
EEOC's Office of General Counsel FY 2005 Annual Report [Selection - "Top Five Cases Resolved in FY 2005 By Money Recovered"] 04/13/2006
EE-CO-0023-0004.pdf | Detail
Order [Regarding Motion for Approval of EEOC's Recommended Final Class Distribution List] 04/19/2006 (2006 WL 1041697) (D. Colo.)
EE-CO-0023-0001.pdf | WESTLAW | 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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