University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC V. WELBORNE AUTOMOTIVE, INC. (FKA NISSAN OF HICKORY) EE-NC-0079
Docket / Court 5:04-cv-00207 ( W.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, ... read more >
On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, had violated the rights of the complainant by firing her because she was female.

On August 1, 2005, the complainant intervened as a plaintiff in the lawsuit. The case went to mediation in May of 2006, but parties could not reach a settlement. On September 15, 2006, the defendants asked to court for summary judgment, but the district court denied the motion on November 26, 2007. On December 10, 2007, the defendants filed a motion to dismiss, but the parties reached a settlement before the court ruled on that motion. Under the terms of the settlement, the complainant agreed to release all of her claims against the defendants in exchange for $70,000 in damages, which included $24,333 in attorneys fees and costs. On December 28, 2007, the district court approved the settlement and dismissed the case.
The settlement term was 5 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2012.

Kristen Sagar - 04/11/2008
- 06/10/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Welborne Automotive, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2012
Case Closing Year 2012
Case Ongoing No
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)
5:04-cv-00207 (W.D.N.C.)
EE-NC-0079-9000.pdf | Detail
Date: 12/28/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NC-0079-0001.pdf | Detail
Date: 12/29/2004
Complaint in Intervention
EE-NC-0079-0006.pdf | Detail
Date: 09/08/2005
[Procedural] Order (2007 WL 1041671) (W.D.N.C.)
EE-NC-0079-0012.pdf | WESTLAW | Detail
Date: 03/29/2007
Memorandum and Order (W.D.N.C.)
EE-NC-0079-0013.pdf | Detail
Date: 11/26/2007
Consent Decree
EE-NC-0079-0014.pdf | Detail
Date: 12/28/2007

- click to show/hide ALL -

new search
page permalink

- top of page -