Case: Lake v. AK Steel Corporation

2:04-cv-00764 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 21, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 21, 2004, an African American employee of A.K. Steel Corporation brought suit against his employer under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. The plaintiff filed this action a year after bringing a related suit with other employees of A.K. Steel. (See (LAKE v. A.K. STEEL CORPORATION). The plaintiffs claimed the defendant permitted a hostile workspace that included the use of racial slurs against the plaintiffs, racially graphic graffiti, and displays of Klu Klux Klan v…

On May 21, 2004, an African American employee of A.K. Steel Corporation brought suit against his employer under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. The plaintiff filed this action a year after bringing a related suit with other employees of A.K. Steel. (See (LAKE v. A.K. STEEL CORPORATION). The plaintiffs claimed the defendant permitted a hostile workspace that included the use of racial slurs against the plaintiffs, racially graphic graffiti, and displays of Klu Klux Klan videos.

After conducting partial discovery, the defendants filed a motion for summary judgment. Before receiving a ruling on the motion for summary judgment, the plaintiff filed a motion to consolidate with the related actions, Lake v. A.K. Steel Corporation and EEOC v AK Steel Corp.

On September 11, 2006, the court granted the motion to consolidate. On January 31, 2007, the parties in the consolidated case settled. The three-year settlement agreement included anti-discrimination and anti-retaliation clauses, and a confidentiality clause regarding the private plaintiffs' and complainants' involvement in the case. The agreement required A.K. Steel to post notice of the agreement, maintain records of all incidents of racial harassment, and make these records available to the EEOC within ten days of request. A.K. Steel was also required to provide a training session for all employees, including separate training for supervisory and managerial personnel. New employees would receive training during new employee orientation. The corporation agreed to pay a total of $550,000, including $160,000 to the plaintiff in this case. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Amanda Stephens (2/2/2019)

Related Cases

LAKE v. AK STEEL CORPORATION, Western District of Pennsylvania (2003)

EEOC v. AK Steel Corporation, Western District of Pennsylvania (2003)

People


Judge(s)

Cercone, David S. (Pennsylvania)

Judge(s)

Cercone, David S. (Pennsylvania)

show all people

Documents in the Clearinghouse

Document

2:04-cv-00764

Docket [PACER]

Sept. 11, 2006

Sept. 11, 2006

Docket

2:03-cv-00517

Opinion [Regarding Defendant's Motion for Summary Judgment]

May 1, 2006

May 1, 2006

Order/Opinion

2006 WL 2006

31

2:04-cv-00764

Order of Court [Denying Motion for Summary Judgment]

Aug. 31, 2006

Aug. 31, 2006

Order/Opinion
32

2:04-cv-00764

Order of Court [Granting Motion to Consolidate Cases]

Sept. 11, 2006

Sept. 11, 2006

Order/Opinion

EEOC Press Release: "AK Steel Corporation to Pay $600,000 to Settle EEOC Race Harassment Lawsuit"

No Court

Jan. 31, 2007

Jan. 31, 2007

Press Release

2:03-cv-00517

Settlement Agreement

Jan. 31, 2007

Jan. 31, 2007

Settlement Agreement

Docket

Last updated Feb. 14, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with summons issued; jury demand Filing Fee $ 150.00 Receipt # 4319 (ces) (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

2

ANSWER to Complaint by AK STEEL CORPORATION (Attorneys Cathy Bissoon, Colleen A. Zak); jury demand (ces) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

3

DISCLOSURE statement by AK STEEL CORPORATION (ces) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

4

ORDER, set Case Management Conference for 10:00 9/1/04 ( signed by Judge David S. Cercone on 7/27/04 ) CM all parties of record. (ces) (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

5

PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by JEFFREY C. LAKE (ces) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

6

Case Management Conference set for 10:00 9/7/04 (ces) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

7

Case Management Conference set for 11:00 9/10/04 (rescheduled from 9/7/04 at 10:00AM) (ces) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

8

Case Management Conference held 9/10/04 before Judge David S. Cercone [ Reporter: none ] (Ct. met with counsel to explore avenues for amicable resolution of parties' dispute. Parties agreed on entry of CMO with 120 days discovery) (ces) Modified on 09/14/2004 (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

9

CASE MANAGEMENT ORDER setting Joining of parties amending of pleadings by 12/9/04 ; Discovery cutoff on 1/8/05 ; Pretrial Statements for Plaintiffs due 2/7/05 ; Pretrial Statements for Defendants due 3/9/05 ; Pretrial Stipulation due 3/19/05 ; ( signed by Judge David S. Cercone on 9/13/04 ) CM all parties of record. (ces) Modified on 09/14/2004 (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

10

JOINT MOTION by JEFFREY C. LAKE, AK STEEL CORPORATION to Extend Time for Discovery and Other Pretrial Deadlines with Proposed Order. (ces) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

ORDER upon motion granting [10-1] joint motion to Extend Time for Discovery and Other Pretrial Deadlines, to reset Case Management Order Deadlines: Discovery cutoff to 2/7/05 Pretrial Statements for Plaintiffs due 3/9/05; Pretrial Statements for Defendants due 4/8/05; Pretrial due 4/18/05 ; all dispositive motions shall be filed within 30 days of the filing of the pretrial stipulation. ( signed by Judge David S. Cercone on 1/3/05 ) CM all parties of record. (plh) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

11

PRETRIAL STATEMENT by JEFFREY C. LAKE (ces) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

12

PRETRIAL STATEMENT by AK STEEL CORPORATION (ces) (Entered: 04/07/2005)

April 6, 2005

April 6, 2005

13

Pretrial stipulation by JEFFREY C. LAKE, AK STEEL CORPORATION (ces) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

14

MOTION by AK STEEL CORPORATION for Summary Judgment with Proposed Order. (ces) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

15

BRIEF by AK STEEL CORPORATION in support of [14-1] motion for Summary Judgment by AK STEEL CORPORATION (ces) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

16

STATEMENT OF MATERIAL FACTS by AK STEEL CORPORATION In Support of Deft's Motion for Summary Judgment (ces) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

17

MOTION by JEFFREY C. LAKE to Extend Time to File Response in Opposition to Defendant's Motion for Summary Judgment with Proposed Order. (jsp) (Entered: 06/10/2005)

June 9, 2005

June 9, 2005

ORDER upon motion granting [17-1] motion to Extend Time to File Response in Opposition to Defendant's Motion for Summary Judgment; Pltf's Response to Motion reset to 7/19/05 for Deft's [14-1] motion for Summary Judgment . ( signed by Judge David S. Cercone on 6/13/05 ) CM all parties of record. (tt) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

18

RESPONSE to Motion re [14] Motion for Summary Judgment filed by JEFFREY C. LAKE. (Attachments: # 1 Proposed Order Denying Summary Judgment)(Murtagh, John) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

19

REPLY BRIEF by JEFFREY C. LAKE re [14] Motion for Summary Judgment Memorandum of Law filed by JEFFREY C. LAKE. (Murtagh, John) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

20

RESPONSE to [16] Statement of Material Facts filed by JEFFREY C. LAKE. (Attachments: # 1 Appendix Part 1# 2 Appendix Part 2# 3 Appendix Part 3# 4 Appendix Part 4# 5 Appendix Part 5)(Murtagh, John) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

21

MOTION for Extension of Time to File Response/Reply as to 19 Reply Brief, 18 Response to Motion, 20 Response To Plaintiff's Opposition by AK STEEL CORPORATION. (Attachments: # 1)(Bissoon, Cathy) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

CORRECTIVE ENTRY re 19 Reply Brief (duplicate of document 18) attached by filer in error. Pleading to be refiled. (ces, ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

22

Errata re 19 Reply Brief Memorandum of Law by JEFFREY C. LAKE Reason for Correction: Correction of Duplicative filing of Response to Motion RE: [14] Motion for Summary Judgment. (Murtagh, John) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

23

ORDER granting 21 Defendant's Motion for Extension of Time to File Reply re [14] Motion for Summary Judgment. Defendant's Reply Brief is due by 8/19/2005. Signed by Judge David S. Cercone on 7/25/05. (njt) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

24

NOTICE by AK STEEL CORPORATION OF SUBSTITUTION OF COUNSEL (Bissoon, Cathy) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

25

REPLY BRIEF by AK STEEL CORPORATION re [14] Motion for Summary Judgment filed by AK STEEL CORPORATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Bissoon, Cathy) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

26

STATEMENT OF FACTS COUNTERSTATEMENT by AK STEEL CORPORATION.. (Bissoon, Cathy) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

27

First MOTION for Leave to File Plaintiff's Motion For Leave to File Surreply to Def Mtn for Summary Judgment by JEFFREY C. LAKE. (Attachments: # 1 Proposed Order)(Murtagh, John) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

28

ORDER granting 27 Plaintiff's Motion for Leave to File Surreply re [14] Defendant's Motion for Summary Judgment. Surreply due by 9/19/2005. Signed by Judge David S. Cercone on 8/26/05. (njt) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

29

BRIEF in Opposition re [14] Motion for Summary Judgment Surreply in Opposition to Defendant's Motion for Summary Judgment filed by JEFFREY C. LAKE. (Attachments: # 1Affidavit of Lake # 2 Affidavit of Gallagher)(Murtagh, John) Modified on 9/20/2005 to correct Atty. Murtagh's lack of description of attachments (ces, ). (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 29 Brief in Opposition to Motion. ERROR: Attachments not described. CORRECTION: Attachment description corrected. This message is for informational purposes only. (ces, ) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

30

MOTION to Consolidate Cases Civil Action No. 03-0517 and Civil Action No. 04-0764 by JEFFREY C. LAKE. (Attachments: # 1 Proposed Order to Motion to Consolidate)(Murtagh, John) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

31

ORDER denying [14] Defendant's Motion for Summary Judgment. Material issues of fact remain. Signed by Judge David S. Cercone on 8/31/06. (mwm) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

32

ORDER granting 30 Plaintiff's Motion to Consolidate Cases. Civil Action No. 04-764 is consolidated with Civil Action No. 03-517, which is hereby designated the lead case. All subsequent pleadings shall be filed only at Civil Action No. 03-517. The Clerk shall close Civil Action No. 04-764. Signed by Judge David S. Cercone on 9/11/06. (mwm) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 21, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An African American employee of AK Steel Corp

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

AK Steel Corporation, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

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:

Voluntary Dismissal

Amount Defendant Pays: 550,000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit