Case: EEOC v. ORKIN INC

2:05-cv-02657 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 12, 2005

Closed Date: May 22, 2008

Clearinghouse coding complete

Case Summary

In September 2005, the Memphis District Office of the EEOC brought this suit against Orkin, Inc. in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by failing to reinstate the charging party, a Black employee, to his position as a service manager…

In September 2005, the Memphis District Office of the EEOC brought this suit against Orkin, Inc. in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by failing to reinstate the charging party, a Black employee, to his position as a service manager and paid him lower wages because of his race. After some scheduling orders, the parties settled in May 2006 though a consent decree.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide Title VII training for its managers and supervisors, report to the EEOC at specified intervals, post a Title VII notice, expunge the charging party's personnel file from all references to the charge of discrimination, provide the charging party with a neutral reference, and pay $75,000. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (7/9/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4666370/parties/equal-employment-opportunity-commission-v-orkin-inc/


Judge(s)

Pham, Tu M. (Tennessee)

Judge(s)

Pham, Tu M. (Tennessee)

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Documents in the Clearinghouse

Document

2:05-cv-02657

Docket (PACER)

EEOC v. Orkin Inc

May 30, 2006

May 30, 2006

Docket
12

2:05-cv-02657

Consent Decree

EEOC v. Orkin Inc

May 22, 2006

May 22, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4666370/equal-employment-opportunity-commission-v-orkin-inc/

Last updated Feb. 7, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Orkin, Inc. , filed by Equal Employment Opportunity Commission.(cas) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

2

ANSWER to Complaint by Orkin, Inc..(jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

3

MOTION for Leave to Appear Pro Hac Vice (Samuel Zurik, III) by Orkin, Inc.. (jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

Pro Hac Vice Filing fee: $ 100.00, receipt number M98379 (Samuel Zurik, III) (jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

4

MOTION for Leave to Appear Pro Hac Vice by Orkin, Inc.. (jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

Pro Hac Vice Filing fee: $ 100.00, receipt number M98379 (Robert P. Lombardi) (jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

5

MOTION for Leave to Appear Pro Hac Vice (Henry P. Julien, Jr.) by Orkin, Inc.. (jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

Pro Hac Vice Filing fee: $ 100.00, receipt number M98379 (Henry P. Julien, Jr.) (jae, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

6

SETTING LETTER: Scheduling Conference set for 1/19/2006 10:15 AM in Courtroom 6 - Memphis before Tu M. Pham. (ldc, ) (Entered: 11/23/2005)

Nov. 21, 2005

Nov. 21, 2005

7

ORDER Granting Motion to Appear Pro Hac Vice. Signed by Judge Samuel H. Mays Jr.. (ldc, )

Nov. 23, 2005

Nov. 23, 2005

RECAP
8

SCHEDULING ORDER: Amended Pleadings due by 3/19/2006. Discovery due by 9/19/2006. Joinder of Parties due by 3/19/2006.. Signed by Judge Tu M. Pham on 1/17/06. (Pham, Tu) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

9

MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

10

ORDER granting 9 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katharine W. Kores terminated. Signed by Judge Samuel H. Mays Jr. on 4/5/06. (Mays, Samuel) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

11

SETTING LETTER: Jury Trial set for Monday, 1/22/2007 at 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. Pretrial Conference set for Friday, 1/12/2007 at 02:00 PM. Joint Pretrial Order due 1/5/2007. (jl) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

12

CONSENT DECREE. The court approves this Consent Decree as submitted by the parties for the purpose of settling this matter. The Consent Decree constitutes the complete agreement between the parties with respect the charge no. 250-2004-03318. Each party will bear its own costs, attorneys' fees, and expenses. Signed by Judge Samuel H. Mays Jr. on 5/19/06. (Mays, Samuel) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

13

JUDGMENT signed by Judge Samuel H. Mays Jr. on 05/24/2006. This action is dismissed in accordance with the Consent Decree, docketed May 22, 2006. Each party shall bear their own costs and attorneys fees and expenses.(Mays, Samuel) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 12, 2005

Closing Date: May 22, 2008

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

Orkin, 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: 75000

Order Duration: 2006 - 2008

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Hiring

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits