Case: EEOC v. Whit-Cor Masonry, Inc.

5:02-cv-00319 | U.S. District Court for the Western District of Kentucky

Filed Date: Nov. 18, 2002

Closed Date: Feb. 24, 2004

Clearinghouse coding complete

Case Summary

In November 2002, the EEOC district office in Indianapolis, Indiana brought this suit against Whit-Cor Masonry, Inc., a general masonry contract firm, in the U.S. District Court for the Western District of Kentucky. Although the complaint is unavailable, the consent decree states that a Black male applicant alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it refused to hire him. After virtually no discovery, the parties settled and consent decree was entered in February 2004.

In the consent decree, the parties agreed that the defendant would pay the aggrieved male $5,375.00, refrain from retaliating and discriminating on the basis of race, develop and post an anti-discrimination policy, provide EEO training, and post an exhibit that is currently unavailable. No fees or costs were awarded. The terms of the agreement ran for one year.

Summary Authors

Joel Pettit (7/18/2007)

Documents in the Clearinghouse

Document

5:02-cv-00319

Docket [PACER]

EEOC v. Whit Cor Masonry Inc

Feb. 24, 2004

Feb. 24, 2004

Docket
10

5:02-cv-00319

Consent Decree

Feb. 19, 2004

Feb. 19, 2004

Settlement Agreement

Resources

Docket

Last updated March 19, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, summons issued (filed LV, rec'd Paducah 11/20/02) (JCD) (Entered: 11/20/2002)

Nov. 18, 2002

Nov. 18, 2002

RETURN OF SERVICE executed upon defendant Whit Cor Masonry Inc on 11/21/02 (CSD) (Entered: 12/02/2002)

Nov. 27, 2002

Nov. 27, 2002

2

ANSWER by defendant Whit Cor Masonry Inc to [1-1] (KJI) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

3

ORDER by Senior Judge Edward H. Johnstone: scheduling conf. set for 11:45 2/3/03 before Senior Judge Edward H. Johnstone (cc: all counsel) [Entry Date: 1/7/03] (CSD) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

4

LITIGATION PLAN by plaintiff EEOC, defendant Whit Cor Masonry Inc re [3-2] (CSD) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

5

SCHEDULING ORDER Senior Judge Edward H. Johnstone: scheduling conference held on 2/3/03; discovery set for 10/15/03; disp mtn ddl set for 11/17/03; pretrial conf set for 11:30 2/2/04 before Senior Judge Edward H. Johnstone; jury trial set for 9:00 2/17/04 before Senior Judge Edward H. Johnstone ; Case referred to Magistrate Judge C. C. Gambill to conduct settlement conference in June 2003; cnsl to contact magistrate judge to obtain date for conference. (cc: all counsel, Mag. Judge Gambill) [Entry Date: 2/4/03]{3144} (CSD) Modified on 02/04/2003 (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

6

JOINT MOTION to Continue and for Scheduling Conference by Equal Employment Opportunity Commission and Whit-Cor Masonry, Inc. (Attachments: # 1 Proposed Order)(CD) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

7

ORDER by Edward H. Johnstone on 10/02/2003 granting 6 Motion to Continue discovery ddls and granting 6 Motion for Pretrial Conference; Scheduling Conference set for 10/24/2003 11:00 AM in Chambers before Senior Judge Edward H. Johnstone. (cps. to cnsl) (CD) (Entered: 10/02/2003)

Oct. 2, 2003

Oct. 2, 2003

8

MOTION to Amend Scheduling Order by Equal Employment Opportunity Commission ; Whit-Cor Masonry, Inc. (CD) (Entered: 10/27/2003)

Oct. 24, 2003

Oct. 24, 2003

9

MEMORANDUM OF CONFERENCE & SCHEDULING ORDER by Edward H. Johnstone on 10/24/2003: cnsl to comply as set forth therein. (cpy to cnsl) (CD) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

10

Consent Decree tendered by Equal Employment Opportunity Commission & Whit-Cor Masonry, Inc. (CSD) (Entered: 02/20/2004)

Feb. 19, 2004

Feb. 19, 2004

11

CONSENT DECREE by Edward H. Johnstone on 02/23/2004. (copy to counsel)(CSD) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Nov. 18, 2002

Closing Date: Feb. 24, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Whit-Cor Masonry, Inc., Private Entity/Person

Case Details

Causes of Action:

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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5375

Order Duration: 2004 - 2005

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits