University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mayer v. Driver Solutions, Inc. EE-PA-0250
Docket / Court 2:10-cv-01939 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Attorney Organization Outten & Golden
Case Summary
On April 30, 2010, the plaintiff, an African American job applicant with a felony criminal record, filed this class action lawsuit in the Eastern District of Pennsylvania. The plaintiff, represented by Outten & Golden LLP, sued the defendants, a company and its affiliates which specialized in ... read more >
On April 30, 2010, the plaintiff, an African American job applicant with a felony criminal record, filed this class action lawsuit in the Eastern District of Pennsylvania. The plaintiff, represented by Outten & Golden LLP, sued the defendants, a company and its affiliates which specialized in training truck drivers and placing them with trucking companies, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e). The plaintiff alleged that the defendants refused to procure placement for applicants with a felony conviction, and because of this practice, disparately impacted African American and Latino applicants.

On July 2, 2010, defendants moved to dismiss on the grounds that the court lacked personal jurisdiction over the defendant, the venue was improper, and the plaintiff failed to state a claim as the defendants are an employment Agency, and thus cannot be held liable under Title VII. On July 20, 2010, the Court (Judge J. Curtis Joyner) granted the parties a period for jurisdictional discovery and extended the time for the plaintiff to oppose the motion to dismiss. The plaintiff amended their complaint to include additional jurisdictional information about the defendants on July 23, 2010.

The Court granted a stay of litigation for settlement discussions on August 13, 2010, which was continually extended through January 21, 2011. Discovery continued throughout this period. The parties returned to litigation at the end of January. The court dismissed as moot defendant’s motion to dismiss on February 11, 2011, and on February 18, 2011, the plaintiff amended their complaint to join two additional defendants, both trucking companies who recruited through the defendant and allegedly played a role in developing the criminal background policy. Defendants re-filed their motion to dismiss on March 2, 2011.

On July 8, 2011, the Court granted a stay of litigation for the parties to again engage in settlement negotiations. The plaintiff moved for preliminary approval of the settlement, conditional certification of the settlement class, appointment of plaintiffs’ counsel as class counsel, and approval of the proposed notice of settlement on January 17, 2012. The settlement was preliminarily approved on February 13, 2012 (2012 WL 453234), and the Court granted final approval of the settlement on August 17, 2012. 2012 WL 3578856.

For settlement purposes, the certified class was:

All Latino and African American individuals who submitted applications to Defendants for a placement with one of the trucking companies for which Defendants recruit inexperienced truck drivers and whom Defendants rejected based on their criminal background between January 24,2009 and September 30, 2010.

The settlement agreement created a fund of $475,000 for class members’ awards, Court-approved attorneys’ fees and costs, a Court-approved service payment for the named plaintiff, claims administrator’s fees, and other expenses related to the distribution of the settlement payment.

The allocation formula for class members worked as follows: for each week a claimant was unemployed between January 4, 2009 and August 17, 2012, the claimant earned one point. After a sixty-day claim period, all points would be added together, each claimant’s individual points would be divided by the total number of points, and each claimant would receive that percentile of the net settlement fund. The plaintiff’s counsel sought $158,333.33 of the settlement fund as attorneys’ fees and $10,000 in costs. The named plaintiff sought an additional payment of $15,000 as a service award.

In addition to the settlement, defendants agreed to injunctive relief of modifying their criminal background hiring policy. Under the revised policy, applicants cannot be barred for felonies greater than ten years old or misdemeanors greater than five years old, except for specifically designated crimes. If an applicant does have a record with a specifically designated crime, or has a felony or misdemeanor less than 10 or 5 years old respectively, defendants must consider: (1) the nature and gravity of the conviction; (2) whether there is a direct relationship between the conviction(s) and the duties and responsibilities of the sought job; (3) rehabilitation and good conduct by the applicant since the conviction; (4) the age of the applicant at the time of the occurrence; (5) the length of time since the conviction; and (6) the nature of the job held or sought.

There has been no action on the docket since August 17, 2012.

Cade Boland - 11/16/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
No EEOC Final Resolution Type
General
Disparate Impact
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Driver Solutions, Inc.
Plaintiff Description All Latino and African American individuals who submitted applications to defendants for a placement with one of the trucking companies for which Defendants recruit inexperienced truck drivers and whom Defendants rejected based on their criminal background between January 24,2009 and September 30, 2010.
Indexed Lawyer Organizations Outten & Golden
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Closing Year 2012
Case Ongoing Yes
Additional Resources
click to show/hide detail
  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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:10-cv-01939-JCJ (E.D. Pa.)
EE-PA-0250-9000.pdf | Detail
Date: 08/17/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
EE-PA-0250-0001.pdf | Detail
Date: 04/30/2010
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint [ECF# 17]
EE-PA-0250-0002.pdf | Detail
Date: 07/23/2010
Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Approval of Settlement, Conditional Certifications of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement and Class Action Settlement Procedure [ECF# 47]
EE-PA-0250-0003.pdf | Detail
Date: 01/17/2012
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 48] (2012 WL 453234) (E.D. Pa.)
EE-PA-0250-0005.pdf | WESTLAW | Detail
Date: 02/13/2012
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff's Motion for Final Certification of the Settlement Class, Final Approval of the Class Action Settlement, Motion for Approval of Attorneys' Fees and Reimbursement of Expenses [ECF# 54] (2012 WL 3578856) (E.D. Pa.)
EE-PA-0250-0004.pdf | WESTLAW | Detail
Date: 08/17/2012
Source: PACER [Public Access to Court Electronic Records]
Judges Joyner, J. Curtis (E.D. Pa.)
EE-PA-0250-0004 | EE-PA-0250-0005 | EE-PA-0250-9000
Plaintiff's Lawyers Bien, Rachel Megan (New York)
EE-PA-0250-0001 | EE-PA-0250-0002 | EE-PA-0250-0003 | EE-PA-0250-9000
Ginzberg, Janet F. (Pennsylvania)
EE-PA-0250-0001 | EE-PA-0250-0002 | EE-PA-0250-0003 | EE-PA-0250-9000
Klein, Adam T. (New York)
EE-PA-0250-0001 | EE-PA-0250-0002 | EE-PA-0250-0003 | EE-PA-0250-9000
Lynch, Brendan (Pennsylvania)
EE-PA-0250-0001 | EE-PA-0250-0002 | EE-PA-0250-0003 | EE-PA-0250-9000
Miller, Samuel Rand (New York)
EE-PA-0250-0001 | EE-PA-0250-0002 | EE-PA-0250-0003 | EE-PA-0250-9000
Mollica, Paul William (Illinois)
EE-PA-0250-9000
Pullman, Sandra E. (New York)
EE-PA-0250-0003 | EE-PA-0250-9000
Swartz, Justin (New York)
EE-PA-0250-0001 | EE-PA-0250-0002 | EE-PA-0250-0003 | EE-PA-0250-9000
Defendant's Lawyers Gallagher, Jacqueline K. (Pennsylvania)
EE-PA-0250-9000
Sitman, Jacob M. (Pennsylvania)
EE-PA-0250-9000

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