Case: EEOC v. Wehr Constructors, Inc.

3:05-cv-00342 | U.S. District Court for the Western District of Kentucky

Filed Date: June 10, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In June 2005, the Indianapolis District Office of the EEOC brought this lawsuit against Wehr Constructors, Inc. in the U.S. District Court for the Western District of Kentucky alleging discrimination on the basis of race in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, an African-American employee, to racial harassment and different terms and conditions of employment because of their race. After som…

In June 2005, the Indianapolis District Office of the EEOC brought this lawsuit against Wehr Constructors, Inc. in the U.S. District Court for the Western District of Kentucky alleging discrimination on the basis of race in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, an African-American employee, to racial harassment and different terms and conditions of employment because of their race. After some discovery, the parties settled the lawsuit in April 2007 through a consent decree.

The three-year decree, containing agreements not to discriminate or retaliate, required the defendant to: post notice of employee rights, provide Title VII training to all employees, make biannual reports detailing compliance with the settlement decree and any complaints filed, and pay $60,000 to be distributed among four individuals.

The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

David Friedman (10/15/2007)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

3:05-cv-00342

Docket

Equal Employment Opportunity Commission v. Wehr Constructors, Inc.

April 25, 2007

April 25, 2007

Docket
1

3:05-cv-00342

Complaint

Equal Employment Opportunity Commission v. Wehr Constructors, Inc.

June 10, 2005

June 10, 2005

Complaint
18

3:05-cv-00342

Consent Decree

Equal Employment Opportunity Commission v. Wehr Constructors, Inc.

April 24, 2007

April 24, 2007

Settlement Agreement

Resources

Docket

Last updated March 31, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Wehr Constructors, Inc., filed by Equal Employment Opportunity Commission. Summons Issued. (Attachments: # 1 Proposed Order)(SJS) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

Clearinghouse
2

Case Assignment (Random Selection): Case Assigned to Chief Judge John G. Heyburn II. Magistrate designation: Judge James D. Moyer. (SJS) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

3

SUMMONS Returned Executed aas to Dale R. Berry Wehr Constructors, Inc. served on 6/15/2005, answer due 7/5/2005. (TAC) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

4

ANSWER to Complaint by Wehr Constructors, Inc..(Rutherford, Oliver) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

5

ORDER by Chief Judge John G. Heyburn II (eboc) on 8/23/05; Rule 26 Meeting Report due by 10/7/2005; parties to comply with remainder of order as set forth.cc: Counsel(SDB) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

6

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Wehr Constructors, Inc.. (Rutherford, Oliver) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

7

SCHEDULING ON AGREED LITIGATION PLAN AND DISCOVERY SCHEDULE by Chief Judge John G. Heyburn II on 10/25/05; Referring Case to Magistrate Judge James D. Moyer for settlement as set forth; Amended Pleadings due by 11/15/2006. Discovery due by 1/31/2007. Dispositive Motions due by 2/28/2007. Expert Witness (Defendant) due by 11/1/2006. Expert Witness (Plaintiff) due by 10/1/2006. Joinder of Parties due by 11/15/2006. Pretrial Conference set for 4/20/2007 09:30 AM in Chambers before Chief Judge John G. Heyburn II; trial date will be set by separate order; parties to comply with remainder of order as set forth.cc: Counsel(SDB) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

8

ORDER SETTING JURY TRIAL by Chief Judge John G. Heyburn II on 10/25/05; Exhibit List due by 5/1/2007. Jury Instructions due by 5/8/2007. Proposed Voir Dire due by 5/8/2007. Trial Brief due by 5/8/2007. Witness List due by 5/1/2007. JURY TRIAL SET FOR 5/15/2007 09:30 AM in Courtroom before Chief Judge John G. Heyburn II, expected length 5 days; parties to comply with remainder of order as set forth.cc: Counsel; Jury Clerk(SDB) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

9

ORDER by James D. Moyer (EBOC) on 10/16/2006; re 7 Order Referring Case to Magistrate Judge, Schedules. Settlement Conference set for 2/5/2007 at 01:30 PM in Chambers before Magistrate Judge James D. Moyer. Brief due by 1/29/2007. See Order and Addendum for specifics. cc:Counsel(LMW) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

10

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 1/26/2007 (Attachments: # 1 Proposed Order)(Brown, Kenneth) Additional attachment(s) added on 1/17/2007 (RLK). (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

11

NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT MOTION document attached to docket entry by efiler re:10 Joint MOTION for Extension of Time to Complete Discovery; Correct document attached to this entry. (Brown, Kenneth) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

12

ORDER by Chief Judge John G. Heyburn II on 1/17/2007 granting 10 Motion for Extension of Time to Complete Discovery. Discovery by both parties shall be completed by 3/31/2007. Dispositive Motions shall be filed by 4/30/2007, with response and reply time to be in accordance with Local Rule 7.1(e) and (2). cc: Counsel, USMJ Moyer (RLK) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

13

PLAINTIFF'S SETTLEMENT CONFERENCE STATEMENT re 9 Order, Schedules,, by Equal Employment Opportunity Commission. (Brown, Kenneth) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

14

DEFENDANT'S SETTLEMENT CONFERENCE STATEMENT re 7 Order Referring Case to Magistrate Judge, Schedules,,,,, 9 Order, Schedules,, by Wehr Constructors, Inc.. (Rutherford, Oliver) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

15

REPORT ON SETTLEMENT CONFERENCE held before Magistrate Judge James D. Moyer on 2/5/2007. Settlement negotiations were conducted by the parties but were unable to reach an agreement. The magistrate judge will continue to make himself available to assist counsel in the resolution of all claims in this matter. cc: Counsel (RLK) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

16

Joint MOTION for Settlement by Equal Employment Opportunity Commission. Responses due by 5/8/2007 (Attachments: # 1 Proposed Order Consent Decree)(Brown, Kenneth) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

17

ORDER by Chief Judge John G. Heyburn II on 4/19/2007 dismissing case. PRETRIAL CONFERENCE scheduled for 4/20/2007 and JURY TRIAL scheduled for 5/15/2007 are remanded from the docket.cc: Counsel (RLK) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

18

CONSENT DECREE by Chief Judge John G. Heyburn II on 4/24/2007. The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.cc: Counsel (RLK) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

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Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 10, 2005

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wehr Constructors, Inc. (Louisville, Kentucky), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 60000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits