University of Michigan Law School
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Case Name Allen v. International Truck and Engine EE-IN-0126
Docket / Court 1:02-cv-0902 ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On October 16, 2001, a group of current and former African-American employees and job applicants filed a lawsuit against Defendant under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Northern District of Illinois. The Plaintiffs, represented by private counsel, asked the court ... read more >
On October 16, 2001, a group of current and former African-American employees and job applicants filed a lawsuit against Defendant under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Northern District of Illinois. The Plaintiffs, represented by private counsel, asked the court for monetary and injunctive relief, alleging that they and other similarly-situated African-American employees had suffered and continued to suffer racial harassment and a hostile work environment as well as racial discrimination.

On May 21, 2002, the case was transferred to the U.S. District Court for the Southern District of Indiana. On July 28, 2004, the Court certified the hostile work environment class as a hybrid class consisting of an injunctive relief class under Federal Rules of Civil Procedure ("FRCP") 23(b)(2) and a monetary class under FRCP 23(b)(3) for purposes of liability.

On September 19, 2006, the phase one trial on the class certified pattern and practice racially hostile work environment claims commenced. The trial continued through September 22, 2006. On September 25, 2006, before the Plaintiffs had finished presenting their evidence, the parties reached a monetary settlement and requested additional time to consummate a complete and final settlement of the non-monetary claims. The Court ordered that the trial remain in recess until further notice to allow the parties to complete the settlement process.

On June 22, 2007, the parties submitted their Consent Decree to the Court. On February 25, 2008, the Court granted the motion to enter Consent Decree nunc pro tunc as of June 22, 2007. According to the Consent Decree, Defendant agreed to set up a settlement fund of $9 million and to adopt a series of measures to eliminate and reduce race discrimination.

Kunyi Zhang - 01/20/2010

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Issues and Causes of Action
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Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Race discrimination
Direct Suit on Merits
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Plaintiff Description Plaintiffs are current and former African-American employees, and job applicant of defendant.
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Closing Year 2007
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

1:02-cv-00902 (S.D. Ind.)
EE-IN-0126-9001.pdf | Detail
Date: 06/10/2002
1:02-cv-00902 (S.D. Ind.)
EE-IN-0126-9002.pdf | Detail
Date: 09/14/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order Granting EEOC's Motion to Quash Subpoena (2003 WL 1522942) (S.D. Ind.)
EE-IN-0126-0002.pdf | WESTLAW | Detail
Date: 03/21/2003
Source: Westlaw
Order Denying Defendant's Motion for Summary Judgment (2006 WL 694345) (S.D. Ind.)
EE-IN-0126-0003.pdf | WESTLAW | Detail
Date: 03/14/2006
Consent Decree
EE-IN-0126-0001.pdf | Detail
Date: 06/22/2007
Judges Baker, Tim A. (S.D. Ind.)
EE-IN-0126-0002 | EE-IN-0126-9002
Young, Richard L. (S.D. Ind.)
EE-IN-0126-0001 | EE-IN-0126-0003 | EE-IN-0126-9002
Plaintiff's Lawyers Adams, Russell Wayne (Alabama)
Brodnik, Thomas A. (Indiana)
EE-IN-0126-0003 | EE-IN-0126-9001 | EE-IN-0126-9002
Calamusa, Rocco Jr. (Alabama)
Clayton, Fay (Illinois)
EE-IN-0126-0001 | EE-IN-0126-0003 | EE-IN-0126-9002
Fisher, Samuel (Alabama)
EE-IN-0126-0001 | EE-IN-0126-0003 | EE-IN-0126-9002
Hailey, Richard D. (Indiana)
EE-IN-0126-0001 | EE-IN-0126-9002
Hyndman, Cynthia H. (Illinois)
Jent, Kevin W. (Alabama)
Jones, Carol A. (Illinois)
Oliver, Darlene M. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9002
Ratliff, Anthony B. (Indiana)
EE-IN-0126-0003 | EE-IN-0126-9002
Travis, Kristen (Illinois)
Defendant's Lawyers Bickham, Harold R. (Indiana)
Gaur, Shanthi V. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9002
Jones, Linzey D. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9001
Levine, Laurence H. (Illinois)
Mester, Mark S. (Illinois)
EE-IN-0126-0001 | EE-IN-0126-9002
Parsons, David J. (Illinois)
EE-IN-0126-0003 | EE-IN-0126-9001 | EE-IN-0126-9002
Phillips, Garrison L. (Illinois)
Prather, Robert Anthony (Indiana)
Other Lawyers Fague, Terence Leslie (Ohio)

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