Case: EEOC v. Whirlpool Corporation

3:06-cv-00593 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 1, 2006

Closed Date: June 12, 2012

Clearinghouse coding complete

Case Summary

The Memphis District Office and Nashville Area Office of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Whirlpool Corporation on June 9, 2006, in the U.S. District Court for the Middle District of Tennessee. Judge John T. Nixon was assigned to this case. The complaint alleged sexual and racial harassment in violation of Title VII of the Civil Rights Act of 1964. The EEOC sought injunctive and monetary relief for the individual complainant and attorneys fees for …

The Memphis District Office and Nashville Area Office of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Whirlpool Corporation on June 9, 2006, in the U.S. District Court for the Middle District of Tennessee. Judge John T. Nixon was assigned to this case. The complaint alleged sexual and racial harassment in violation of Title VII of the Civil Rights Act of 1964. The EEOC sought injunctive and monetary relief for the individual complainant and attorneys fees for the EEOC.

Specifically, the complaint was brought after an African-American employee of Whirlpool complained that a fellow employee had racially and sexually harassed her. The harassment eventually led to the harasser physically attacking the complainant. Prior to the attack, the complainant complained to her supervisors about the harasser’s racialized and sexualized comments toward her, but her supervisors did very little to address her concerns. At one point, she complained to the supervisor and he responded by saying: “why don’t you just go ahead and f#@k him and get it over with?” After constantly rejecting the harasser’s sexual advances, the harasser physically attacked the complainant. The complainant eventually quit her job with Whirlpool Corporation because her therapist and psychologist advised her to do so. The complainant intervened in the case on July 24, 2006.

For the next two years, the parties engaged in discovery.

On December 21, 2009, the court ruled in favor of the plaintiffs. The court awarded monetary relief in back pay, front pay, and compensatory damages in the amount of $1,073,261. The court did not award any punitive damages. The court also did not grant any injunctive relief, stating that "because the workplace at issue, Defendant’s LaVergne Division, closed as of August 15, 2008 and Plaintiffs did not renew their request for this relief in their post-trial papers, the Court will not now grant injunctive or declaratory relief."

On February 20, 2010, the plaintiffs moved for attorney fees and costs. The court granted the plaintiff $215,015 in attorneys fees and costs on August 2, 2011.

Meanwhile, on April 26, 2011, the defendant appealed the district court's December ruling to the United States Court of Appeals for the Sixth Circuit. Without stating a reason, the parties then jointly moved to dismiss the appeal. The Sixth Circuit granted this joint motion on June 12, 2012, and the case is now closed.

Summary Authors

Kevin Wilemon (8/9/2008)

Sean Whetstone (6/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4788432/parties/equal-employment-opportunity-commission-v-whirlpool-corporation/


Judge(s)
Attorney for Plaintiff

Dills, Steven W. (Tennessee)

Attorney for Defendant

Backus, Asilia S. (Illinois)

Christlieb, David (Illinois)

Garrett, Timothy K. (Tennessee)

Expert/Monitor/Master/Other

Allman, Andy L. (Tennessee)

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Documents in the Clearinghouse

Document

3:06-cv-00593

Docket [PACER]

June 12, 2012

June 12, 2012

Docket
1

3:06-cv-00593

Complaint

June 9, 2006

June 9, 2006

Complaint
9

3:06-cv-00593

Complaint [Intervenor]

July 24, 2006

July 24, 2006

Complaint
194

3:06-cv-00593

Memorandum Order

Dec. 21, 2009

Dec. 21, 2009

Order/Opinion

2009 WL 2009

232

3:06-cv-00593

Order

Aug. 2, 2011

Aug. 2, 2011

Order/Opinion

2011 WL 2011

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4788432/equal-employment-opportunity-commission-v-whirlpool-corporation/

Last updated Jan. 25, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

June 9, 2006

June 9, 2006

PACER
2

Notice of Case Management Conference

June 9, 2006

June 9, 2006

PACER
3

Waiver of Service Executed

July 5, 2006

July 5, 2006

PACER
4

Motion to Continue

1 Proposed Order Proposed Order Granting Motion

View on PACER

July 19, 2006

July 19, 2006

PACER
5

Order

July 20, 2006

July 20, 2006

PACER
6

Motion to Intervene

July 21, 2006

July 21, 2006

PACER
7

Memorandum in Support

July 21, 2006

July 21, 2006

PACER
8

Order on Motion to Intervene

July 24, 2006

July 24, 2006

PACER
9

Intervenor Complaint

July 24, 2006

July 24, 2006

PACER
10

Motion to Appear Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 7, 2006

Aug. 7, 2006

PACER
11

Motion to Appear Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 7, 2006

Aug. 7, 2006

PACER
12

Motion to Appear Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 7, 2006

Aug. 7, 2006

PACER
13

Answer to Complaint

Aug. 7, 2006

Aug. 7, 2006

PACER
14

Proposed Case Management Order

Aug. 7, 2006

Aug. 7, 2006

PACER
15

Business Entity Disclosure Statement

Aug. 7, 2006

Aug. 7, 2006

PACER

Docket Annotation

Aug. 8, 2006

Aug. 8, 2006

PACER

Case Management Conference

Aug. 10, 2006

Aug. 10, 2006

PACER
16

Receipt

Aug. 11, 2006

Aug. 11, 2006

PACER
17

Receipt

Aug. 11, 2006

Aug. 11, 2006

PACER
18

Receipt

Aug. 11, 2006

Aug. 11, 2006

PACER
19

Appear Pro Hac Vice

Aug. 14, 2006

Aug. 14, 2006

PACER
20

Scheduling Order

Aug. 16, 2006

Aug. 16, 2006

PACER
21

Order Setting Case for Trial

Aug. 16, 2006

Aug. 16, 2006

PACER
22

Order Reassigning Case

Aug. 16, 2006

Aug. 16, 2006

PACER
23

Answer to Intervenor Complaint

Aug. 24, 2006

Aug. 24, 2006

PACER
24

Motion to Amend/Correct

Nov. 8, 2006

Nov. 8, 2006

PACER

Docket Annotation

Nov. 9, 2006

Nov. 9, 2006

PACER
25

Order

Nov. 13, 2006

Nov. 13, 2006

PACER
26

Response to Motion

1 Exhibit 1-Correspondence to Helen Rogers

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2 Exhibit 2-Correspondence from Helen Rogers

View on PACER

3 Exhibit 3-Correspondence from Helen Rogers

View on PACER

4 Exhibit 4-Correspondence to Helen Rogers

View on PACER

5 Exhibit 5-Correspondence from Helen Rogers

View on PACER

Nov. 13, 2006

Nov. 13, 2006

PACER
27

Motion for Extension of Time to Complete Discovery

1 Exhibit A - Order to Extend Scheduling Deadline

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2 Exhibit B - Backus Letter to Rogers 11-27-06

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3 Exhibit C - Response to RPD Pages 1 -15

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4 Exhibit C - Response to RPD Pages 16 - 31

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5 Exhibit C - Response to RPD Pages 32-45

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6 Exhibit C - Response to RPD Pages 46 - 62

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7 Exhibit C - Response to RPD Pages 63-79

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8 Exhibit C - Response to RPD Pages 80 - 97

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9 Exhibit C - Response to RPD Pages 98 - 105

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10 Exhibit C - Response to RPD Pages 106 - 119

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11 Exhibit C - Response to RPD Pages 120 - 135

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12 Exhibit C - Response to RPD Pages 136 - 149

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13 Exhibit D - Answers to Interrogatories

View on PACER

14 Exhibit E - Backus Letter to Dills and Rogers 11-27-06

View on PACER

Dec. 14, 2006

Dec. 14, 2006

PACER
28

Response in Opposition to Motion

1 Exhibit 1-Correspondence

View on PACER

2 Exhibit 2-Correspondence

View on PACER

3 Exhibit 3-Correspondence

View on PACER

Dec. 18, 2006

Dec. 18, 2006

PACER
29

Motion to Compel

1 Exhibit Defendants Answers and Objections to Intervening Plaintiffs First Set of

View on PACER

2 Exhibit Defendants Responses and Objections to Intervening Plaintiffs First Requ

View on PACER

3 Exhibit Collective Exhibit C; Two Letters; dated November 1 and 6, 2006

View on PACER

4 Exhibit Courts Order of December 15, 2006

View on PACER

5 Exhibit Letter of November 27, 2006

View on PACER

6 Exhibit Carlota Freeman's Whirlpool Records

View on PACER

7 Exhibit Letter dated December 7, 2006

View on PACER

8 Exhibit Joint Written Statement Pursuant to Local Rule 37.01

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9 Exhibit Letter dated December 7, 2006 to Helen S. Rogers from Littler Mendelson

View on PACER

10 Exhibit Defendants First Supplemental Answers and Objections to Intervening Plai

View on PACER

11 Exhibit Defendants First Supplemental Responses and Objections to Intervening Pl

View on PACER

Jan. 24, 2007

Jan. 24, 2007

PACER
30

Notice (Other)

Feb. 8, 2007

Feb. 8, 2007

PACER
31

Motion to Continue

1 Proposed Order Agreed Order

View on PACER

Feb. 9, 2007

Feb. 9, 2007

PACER
32

Order on Motion to Continue

Feb. 14, 2007

Feb. 14, 2007

PACER
33

Motion for Extension of Time to Complete Discovery

March 2, 2007

March 2, 2007

PACER
34

Motion for Protective Order

1 Exhibit 1

View on PACER

March 2, 2007

March 2, 2007

PACER
35

Order on Motion for Protective Order

March 13, 2007

March 13, 2007

PACER
36

Protective Order

March 13, 2007

March 13, 2007

PACER
37

Order

March 15, 2007

March 15, 2007

PACER
38

Order on Motion for Extension of Time to Complete Discovery

March 15, 2007

March 15, 2007

PACER

Discovery Hearing

April 2, 2007

April 2, 2007

PACER
39

Order

April 3, 2007

April 3, 2007

PACER
40

Subpoena

July 13, 2007

July 13, 2007

PACER
41

Subpoena

July 13, 2007

July 13, 2007

PACER
42

Subpoena

Aug. 7, 2007

Aug. 7, 2007

PACER
43

Order on Motion to Compel

Aug. 29, 2007

Aug. 29, 2007

PACER

Docket Annotation

Aug. 30, 2007

Aug. 30, 2007

PACER
44

Motion for Miscellaneous Relief

1 Exhibit Deposition Page 50 of Stephen Montgomery, M.D.

View on PACER

Aug. 30, 2007

Aug. 30, 2007

PACER

Docket Annotation

Aug. 31, 2007

Aug. 31, 2007

PACER
45

Amended Document

Aug. 31, 2007

Aug. 31, 2007

PACER

Docket Annotation

Sept. 4, 2007

Sept. 4, 2007

PACER
46

Response in Opposition to Motion

1 Exhibit 1-Stephen A. Montgomery, M.D. Deposition Transcript Pages

View on PACER

Sept. 11, 2007

Sept. 11, 2007

PACER
47

Response to Motion

Sept. 11, 2007

Sept. 11, 2007

PACER

Docket Annotation

Sept. 20, 2007

Sept. 20, 2007

PACER
48

Notice of Appearance

Sept. 20, 2007

Sept. 20, 2007

PACER
49

Motion in Limine

1 Exhibit Notice of Subpoenaed Deposition

View on PACER

2 Exhibit Defendants Amended Rule 26 Initial Disclosures

View on PACER

3 Exhibit Declaration of Catina Renea Bolden

View on PACER

4 Exhibit Catina Renea Bolden's Prior Statement

View on PACER

Sept. 20, 2007

Sept. 20, 2007

PACER
50

Memorandum in Support

1 Exhibit Notice of Subpoenaed Deposition

View on PACER

2 Exhibit Defendants Amended Rule 26 Initial Disclosure

View on PACER

3 Exhibit Declaration of Catina Renea Bolden

View on PACER

4 Exhibit Catina Bolden's Prior Statement

View on PACER

Sept. 20, 2007

Sept. 20, 2007

PACER
51

Motion to Take Deposition

1 Proposed Order Agreed Order Rescheduling Deposition

View on PACER

Sept. 21, 2007

Sept. 21, 2007

PACER
52

Order on Motion to Take Deposition

Oct. 1, 2007

Oct. 1, 2007

PACER
53

Response in Opposition to Motion

1 Exhibit 1-Sessoms v. Ghertner

View on PACER

Oct. 3, 2007

Oct. 3, 2007

PACER
54

Memorandum in Support

Oct. 25, 2007

Oct. 25, 2007

PACER

Docket Annotation

Oct. 29, 2007

Oct. 29, 2007

PACER
55

Motion to Strike

Nov. 6, 2007

Nov. 6, 2007

PACER
56

Memorandum in Support

1 Exhibit 1-Intervening Plaintiff's Amended Rule 26(a)(2) Expert Disclosures

View on PACER

2 Exhibit 2-March 14, 2007 Letter

View on PACER

3 Exhibit 3-March 19, 2007 Letter

View on PACER

4 Exhibit 4-March 22, 2007 Letter

View on PACER

5 Exhibit 5-Case

View on PACER

Nov. 6, 2007

Nov. 6, 2007

PACER
57

Response in Opposition to Motion

1 Exhibit 1-Deposition Transcript Pages

View on PACER

2 Exhibit 2-Deposition Transcript Pages

View on PACER

3 Exhibit 3-Cases

View on PACER

Nov. 8, 2007

Nov. 8, 2007

PACER
58

Response in Opposition to Motion

1 Exhibit 1-Excerpt from Dr. Stephen Montgomery's Deposition

View on PACER

Nov. 14, 2007

Nov. 14, 2007

PACER

Docket Annotation

Nov. 15, 2007

Nov. 15, 2007

PACER
59

Motion for Leave

Nov. 21, 2007

Nov. 21, 2007

PACER
60

Order on Motion for Leave

Nov. 27, 2007

Nov. 27, 2007

PACER
61

Reply to Response to Motion

1 Exhibit 1-Case

View on PACER

Nov. 30, 2007

Nov. 30, 2007

PACER
62

Order

Dec. 21, 2007

Dec. 21, 2007

PACER
63

Docket Annotation

Dec. 27, 2007

Dec. 27, 2007

PACER
64

Order

Jan. 9, 2008

Jan. 9, 2008

PACER
65

Motion to Continue

1 Exhibit 1-Order to Set

View on PACER

Jan. 14, 2008

Jan. 14, 2008

PACER
66

Notice of Appearance

Jan. 16, 2008

Jan. 16, 2008

PACER
67

Order

Jan. 25, 2008

Jan. 25, 2008

PACER
68

Motion for Extension of Time to Complete Discovery

Feb. 27, 2008

Feb. 27, 2008

PACER

Docket Annotation

Feb. 29, 2008

Feb. 29, 2008

PACER
69

Response in Opposition to Motion

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Feb. 29, 2008

Feb. 29, 2008

PACER
70

Motion for Discovery

1 Exhibit A - Letter from Whirlpool dated 2-26-08

View on PACER

March 3, 2008

March 3, 2008

PACER
71

Memorandum in Support

March 3, 2008

March 3, 2008

PACER
72

Motion for Discovery

1 Exhibit Backus Letter of 02-25-08

View on PACER

March 4, 2008

March 4, 2008

PACER
73

Memorandum in Support

March 4, 2008

March 4, 2008

PACER
74

Motion for Leave

March 5, 2008

March 5, 2008

PACER
75

Response in Opposition to Motion

1 Exhibit A-Letter dated March 22, 2007

View on PACER

2 Exhibit B-Letter dated December 12, 2007

View on PACER

3 Exhibit C-Cases

View on PACER

March 13, 2008

March 13, 2008

PACER
76

Motion for Extension of Time to Complete Discovery

April 14, 2008

April 14, 2008

PACER
77

Response in Opposition to Motion

1 Exhibit Deposition of Pam Auble

View on PACER

2 Exhibit Deposition of Karen Carey

View on PACER

April 18, 2008

April 18, 2008

PACER

Docket Annotation

April 21, 2008

April 21, 2008

PACER
78

Additional Attachments to Main Document

April 23, 2008

April 23, 2008

PACER
79

Order on Motion for Extension of Time to Complete Discovery

April 24, 2008

April 24, 2008

PACER
80

Motion for Miscellaneous Relief

May 21, 2008

May 21, 2008

PACER
81

Motion for Miscellaneous Relief

May 21, 2008

May 21, 2008

PACER
82

Order

May 23, 2008

May 23, 2008

PACER
83

Notice of Appearance

Aug. 11, 2008

Aug. 11, 2008

PACER
84

Motion to Appear Pro Hac Vice

1 Exhibit Christlieb Certificate of Good Standing

View on PACER

Aug. 21, 2008

Aug. 21, 2008

PACER
85

Receipt

Sept. 10, 2008

Sept. 10, 2008

PACER
86

Appear Pro Hac Vice

Sept. 12, 2008

Sept. 12, 2008

PACER
87

Order

Jan. 9, 2009

Jan. 9, 2009

PACER
88

Order

Jan. 13, 2009

Jan. 13, 2009

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2006

Closing Date: June 12, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf an African-American woman employee.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Whirlpool Corporation (LaVergne, TN), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $1,288,276.30

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit