On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to racially offensive epithets and had met the employee's complaints with threats and intimidation, the EEOC sought monetary and injunctive relief, including compensation for emotional harm and punitive damages.

The parties consented to have the case handled by a magistrate judge on December 7, 2005.

The parties reached a settlement agreement, which the Court (Magistrate Judge Joseph G. Scoville) entered as a consent decree on March 2, 2006. The one-year decree provided monetary and injuctive relief. The employee was paid $25,000. The decree required A & R Truss to comply with Title VII's prohibition of racial harassment and retaliation. A & R Truss further agreed to develop a Title VII-compliant harassment policy, post an equal employment rights notice, to provide all new employees with the employee handbook containing the new harassment policy, and to train all current and new managers on Title VII, racial harassment, and how to respond to an incident. The parties bore their own costs and attorneys' fees. No further court activity appears on the docket, and the case is now closed.

Kenneth Gray - 07/17/2013


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