University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. GILLEY CONSTRUCTION CO., INC. EE-TN-0050
Docket / Court 2:06-cv-02528-JPM-dkv ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2006, the Memphis Office of the EEOC filed this lawsuit against Gilley Construction Co., Inc. in the U.S. District Court for the Western District of Tennessee alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964 ... read more >
In August 2006, the Memphis Office of the EEOC filed this lawsuit against Gilley Construction Co., Inc. in the U.S. District Court for the Western District of Tennessee alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants were paid less than their Caucasian and Hispanic counterparts, were sometimes left working while the others left the construction site, and were subsequently terminated based upon their race. Following some discovery, the parties settled the lawsuit in July 2007 through a consent decree.

The two-year decree, containing an anti-discrimination provision, required the defendants to: make compliance reports, provide a neutral reference for the complainants, provide EEO training, post notice of employee rights, and pay $60,000 to be distributed among four complaining parties. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

David Friedman - 06/12/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Gilley Construction Co., Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted 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 2007 - 2009
Case Closing Year 2009
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-02528-JPM-dkv (W.D. Tenn.)
EE-TN-0050-9000.pdf | Detail
Date: 07/30/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-TN-0050-0001.pdf | Detail
Date: 08/17/2006
Source: PACER [Public Access to Court Electronic Records]
Protective Order [ECF# 15] (W.D. Tenn.)
EE-TN-0050-0002.pdf | Detail
Date: 04/18/2007
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 21]
EE-TN-0050-0003.pdf | Detail
Date: 07/30/2007
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Lawyers Cooper, Ronald S. (District of Columbia)
EE-TN-0050-0001
Lee, James L. (District of Columbia)
EE-TN-0050-0001
Owen, Carson L. (Tennessee)
EE-TN-0050-0001
Reams, Gwendolyn Young (District of Columbia)
EE-TN-0050-0001
Williams, Faye A. (Tennessee)
EE-TN-0050-0001

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