University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LES SCHWABS TIRES EE-MT-0003
Docket / Court CV06-0149-D-DWM ( D. Mont. )
State/Territory Montana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the EEOC's Seattle Field Office filed this suit in U.S. District Court, District of Montana, against Les Schwab Tire Centers of Montana, Inc. and Les Schwab Tire Warehouse, Inc. The complaint was brought under Title VII of the Civil Rights Act; it alleged that the defendant had ... read more >
In September 2006, the EEOC's Seattle Field Office filed this suit in U.S. District Court, District of Montana, against Les Schwab Tire Centers of Montana, Inc. and Les Schwab Tire Warehouse, Inc. The complaint was brought under Title VII of the Civil Rights Act; it alleged that the defendant had harassed a Native American employee because of his race, and then retaliated against him when he complained.

Judge Donald W. Molloy was assigned to the case. The employee who was allegedly discriminated against intervened in the EEOC's suit. On February 19, 2008, the defendant filed two separate motions for partial summary judgment.

On April 21, 2008, the parties filed a joint motion for settlement conference. The following day, the court granted the motion and the parties began negotiations.

Those negotiations led quickly to a settlement. On June 27, 2008, the defendant filed an unopposed motion to dismiss the intervenor’s claims and the EEOC filed a proposed consent decree. Judge Molloy granted both that same day. In exchange for resolving all issues and claims arising out of the EEOC’s complaint, the defendant agreed to monetary and injunctive relief that would last two years, without admitting guilt. The complainant received $185,000 in damages and the defendant agreed to various injunctive provisions including training, reporting, and promising that its managers and employees would not engage in practices which constitute harassment based on an employee’s race or retaliation. The court retained jurisdiction to enforce the injunction for two years.

There is no further activity in the docket, so presumably the case closed without incident in 2010.

Shankar Viswanathan - 05/28/2008
Jake Parker - 05/22/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Required disclosure
Retaliation Prohibition
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
American Indian/Alaskan Native
Causes of Action 42 U.S.C. § 1981
State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Les Schwab Tire Warehouse, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a Native American worker who was discriminated against in the workplace and then fired in retaliation after he complained.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se 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 2008 - 2010
Filing Year 2006
Case Closing Year 2010
Case Ongoing No
Docket(s)
9:06-cv-00149-DWM (D. Mont.)
EE-MT-0003-9000.pdf | Detail
Date: 06/27/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-MT-0003-0001.pdf | Detail
Date: 09/25/2006
Intervening Party's Complaint and Jury Trial Demand [ECF# 15-1]
EE-MT-0003-0002.pdf | Detail
Date: 11/16/2006
EEOC's First Amended Complaint
EE-MT-0003-0003.pdf | Detail
Date: 08/15/2007
Consent Decree [ECF# 113]
EE-MT-0003-0004.pdf | Detail
Date: 06/27/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Molloy, Donald W. (D. Mont.)
EE-MT-0003-0004 | EE-MT-0003-9000
Plaintiff's Lawyers Powell, Molly (Washington)
EE-MT-0003-9000
Stanley, John F. (Washington)
EE-MT-0003-0004 | EE-MT-0003-9000
Tamayo, William Robert (California)
EE-MT-0003-0004 | EE-MT-0003-9000
Defendant's Lawyers Best, Elizabeth A. (Montana)
EE-MT-0003-9000
Caballero, Santana N. (Montana)
EE-MT-0003-9000
Diamond, Kenneth J. (Washington)
EE-MT-0003-0004 | EE-MT-0003-9000
Johns, Daniel D. (Montana)
EE-MT-0003-0004 | EE-MT-0003-9000
Lehman, Steven J. (Montana)
EE-MT-0003-0004 | EE-MT-0003-9000
Managhan, William L. (Montana)
EE-MT-0003-9000
More, Kimberly S. (Montana)
EE-MT-0003-0004 | EE-MT-0003-9000

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