University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mills v. Billington EE-DC-0067
Docket / Court 1:04-cv-02205-HHK -AK ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Case Summary
On December 20, 2004, minority employees of the Library of Congress (LOC) filed this lawsuit on behalf of themselves, minority job applicants and all past, current, and future employees of the LOC in the U.S. District Court of the District of Columbia. Represented by private counsel, the ... read more >
On December 20, 2004, minority employees of the Library of Congress (LOC) filed this lawsuit on behalf of themselves, minority job applicants and all past, current, and future employees of the LOC in the U.S. District Court of the District of Columbia. Represented by private counsel, the plaintiffs alleged that the defendant, the Librarian of Congress, engaged in discrimination against minority employees in violation of Title VII of the Civil Rights Act of 1964. The plaintiffs alleged discrimination in compensation, promotions, wage classifications, job assignments, and recruitment. The plaintiffs further alleged that the defendant maintained a hostile work environment for minority employees and retaliated against minority employees who brought these discriminatory practices to the attention of management.

On June 6, 2005, the defendant filed a motion to dismiss the complaint. On May 16, 2006, the district court (Judge Henry H. Kennedy, Jr.) denied the defendant's motion to dismiss. 2006 WL 1371683.

On July 28, 2008, the court (Magistrate Judge Alan Kay) issued an order imposing sanctions on the plaintiffs for disobeying a discovery order.

On April 27, 2009, the district court issued an order allowing the plaintiffs to file a motion for class certification out of time. The plaintiffs were required to file their motion on or before June 22, 2009, and the court allowed them to conduct discovery related to class certification.

On January 5, 2010, Magistrate Judge Kay issued an order denying the plaintiffs' motion to direct defendant to preserve data and documents. The court denied the plaintiffs' motion without prejudice because it found that the plaintiffs had failed to comply with a local "meet and confer" rule.

Magistrate Judge Kay issued a Report and Recommendation on February 17, 2010 recommending that the court deny the plaintiffs' motion for an injunction to require the defendant to compile and publish annual Equal Employment Opportunity plans and related reports as required by Title VII. Magistrate Judge Kay did not consider the merits of the plaintiffs' motion and instead found that the defendant had not waived its immunity to suit and that the plaintiffs did not have standing to enforce the provisions of the statute because they had not shown they had suffered an "injury in fact." The court recommended that the motion be denied without prejudice with leave for the plaintiffs to file a motion to amend their complaint in order to address the issue of standing.

On April 9, 2010, the defendants filed a motion to dismiss, or alternatively motion for summary judgment. On February 28, 2011, the court denied the the plaintiffs' motion for permanent injunction. On March 12, 2013, the court denied without prejudice and with leave to renew the defendant's motion to dismiss or in the alternative motion for summary judgment as to failure to exhaust administrative remedies and res judicata.

The plaintiff filed a motion to bifurcate issues of liability and issues of individual relief on April 2, 2014 and filed a motion to certify a class on April 25, 2014.

On May 20, 2014, the defendant filed motion to dismiss, or alternatively motion for summary judgment.

On March 30, 2016, the court denied the plaintiffs' motion to certify a class and denied as moot plaintiffs' motion to bifurcate issues of liability and issues of individual relief. The court further granted the defendant's motion to dismiss or, in the alternative, for summary judgment pursuant to Local Civil Rule 7(b) because the plaintiffs did not file a memorandum of law in opposition to this motion and, therefore, the court deemed the defendant's motion conceded. The court entered judgment in favor of the defendant and closed the case.

Haley Waller - 06/19/2010
Susie Choi - 03/10/2017


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Issues and Causes of Action
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Issues
Discrimination-area
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Impact
Retaliation
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) JAMES H. BILLINGTON
Plaintiff Description Plaintiffs are individuals who have been employed by, or sought employment with, the Library of Congress (“LOC”) from approximately January 1, 2003, to December 20, 2004 and assert claims based on race and national origin.
Class action status sought Yes
Class action status granted Pending
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Closing Year 2016
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
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
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)
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-02205-HHK -AK (D.D.C.)
EE-DC-0067-9000.pdf | Detail
Date: 10/20/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs’ Memorandum of Law in Support of Response in Opposition to Defendant’s Motion To Dismiss [ECF# 9]
EE-DC-0067-0001.pdf | Detail
Date: 08/01/2005
Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION AND ORDER (Order denying motion to dismiss) [ECF# 15] (2006 WL 1371683) (D.D.C.)
EE-DC-0067-0002.pdf | WESTLAW | Detail
Date: 05/16/2006
Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ SECOND AMENDED CLASS ACTION COMPLAINT [ECF# 28]
EE-DC-0067-0003.pdf | Detail
Date: 04/02/2007
Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM ORDER (Order imposing sanctions) [ECF# 73] (D.D.C.)
EE-DC-0067-0004.pdf | Detail
Date: 07/28/2008
Source: PACER [Public Access to Court Electronic Records]
ORDER (Allowing Plaintiffs to apply for class certification out of time) [ECF# 117] (D.D.C.)
EE-DC-0067-0005.pdf | Detail
Date: 04/27/2009
Source: PACER [Public Access to Court Electronic Records]
ORDER (Re-referring to magistrate judge) [ECF# 128] (D.D.C.)
EE-DC-0067-0014.pdf | Detail
Date: 08/28/2009
Source: PACER [Public Access to Court Electronic Records]
MOTION BY PLAINTIFFS FOR AN INJUNCTION TO REQUIRE DEFENDANT TO COMPILE AND PUBLISH ANNUAL EQUAL EMPLOYMENT OPPORTUNITY PLANS AND RELATED REPORTS AND AS REQUIRED BY TITLE VII [ECF# 137]
EE-DC-0067-0012.pdf | Detail
Date: 10/30/2009
Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S OPPOSITION TO PLAINTIFFS’ MOTION FOR AN INJUNCTION [ECF# 141]
EE-DC-0067-0013.pdf | Detail
Date: 11/17/2009
Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM ORDER (Denying motion to preserve data) [ECF# 154] (D.D.C.)
EE-DC-0067-0008.pdf | Detail
Date: 01/05/2010
Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S SUPPLEMENTAL BRIEF AS TO PLAINTIFF’S LACK OF STANDING TO SEEK INJUNCTIVE RELIEF TO COMPEL DEFENDANT TO PRODUCE EQUAL EMPLOYMENT OPPORTUNITY AND RELATED REPORTS [ECF# 155]
EE-DC-0067-0010.pdf | Detail
Date: 01/14/2010
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' supplemental brief on standing [ECF# 156]
EE-DC-0067-0011.pdf | Detail
Date: 01/19/2010
Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION [ECF# 162]
EE-DC-0067-0009.pdf | Detail
Date: 02/17/2010
Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S MOTION TO DISMISS, OR ALTERNATIVELY, FOR SUMMARY JUDGMENT [ECF# 172]
EE-DC-0067-0006.pdf | Detail
Date: 04/09/2010
Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS, OR ALTERNATIVELY, FOR SUMMARY JUDGMENT [ECF# 177]
EE-DC-0067-0007.pdf | Detail
Date: 05/03/2010
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 213] (D.D.C.)
EE-DC-0067-0015.pdf | Detail
Date: 02/28/2011
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 233] (D.D.C.)
EE-DC-0067-0016.pdf | Detail
Date: 03/12/2013
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 277] (D.D.C.)
EE-DC-0067-0017.pdf | Detail
Date: 03/30/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Kay, Alan (D.D.C.) [Magistrate]
EE-DC-0067-0004 | EE-DC-0067-0004 | EE-DC-0067-0008 | EE-DC-0067-0009 | EE-DC-0067-9000
Kennedy, Henry Harold Jr. (D.D.C.)
EE-DC-0067-0002 | EE-DC-0067-0005 | EE-DC-0067-0014 | EE-DC-0067-0015 | EE-DC-0067-9000
Scullin, Frederick James Jr. (FISC, N.D.N.Y.)
EE-DC-0067-0016 | EE-DC-0067-0017
Plaintiff's Lawyers Rose, Joshua N. (District of Columbia)
EE-DC-0067-0007 | EE-DC-0067-9000
Rose, David L. (District of Columbia)
EE-DC-0067-0007 | EE-DC-0067-0011 | EE-DC-0067-0012 | EE-DC-0067-9000 | EE-DC-0067-9000
Rosenberg, Earlene White (District of Columbia)
EE-DC-0067-9000
Rubinstein, Yuval (District of Columbia)
EE-DC-0067-0007 | EE-DC-0067-9000
Snider, Michael J (Maryland)
EE-DC-0067-0001 | EE-DC-0067-0003 | EE-DC-0067-9000
Statman, Jacob (Maryland)
EE-DC-0067-0003 | EE-DC-0067-9000
Taragin, Ari (Maryland)
EE-DC-0067-0001 | EE-DC-0067-0003 | EE-DC-0067-9000
Taylor, Jeffrey C (Maryland)
EE-DC-0067-0001 | EE-DC-0067-0003 | EE-DC-0067-9000
Weisbrot, Jason I (Maryland)
EE-DC-0067-0003 | EE-DC-0067-9000
Defendant's Lawyers Cohen, Jason Todd (District of Columbia)
EE-DC-0067-9000
Contreras, Rudolph (District of Columbia)
EE-DC-0067-0006 | EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Douds, Julia K (District of Columbia)
EE-DC-0067-0006 | EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Machen, Ronald C (District of Columbia)
EE-DC-0067-0006 | EE-DC-0067-9000
Phillips, Channing D (District of Columbia)
EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Russell, Beverly M (District of Columbia)
EE-DC-0067-0010 | EE-DC-0067-0013 | EE-DC-0067-9000
Truong, John Cuong (District of Columbia)
EE-DC-0067-9000

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