The Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Area Erectors, Inc. in the U.S. District Court for the Western District of Wisconsin in September 2006. The complaint alleged the defendant engaged in racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged the defendant terminated the claimant's employment in retaliation for his complaints about discrimination against Black employees and in retaliation for his filing charges with the EEOC. The complaint sought injunctive relief ordering the defendant to stop its discriminatory practices and to change its policies, as well as monetary damages for the plaintiffs.

The claimant was allowed to enter the case as an intervenor plaintiff and the case was subsequently transferred to the U.S. District Court for the Northern District of Illinois (The new docket number was 1:07-cv-02339).

On July 25, 2007 the court granted the defendant's motion to join the International Union of Operating Engineers Locals as a non-aligned party because reinstatement of the plaintiffs would implicate the union's contractual interests in the defendant's hiring practices. Subsequently, the EEOC filed an amended complaint on August 9, 2007 including various unions and non-aligned parties.

Between September 2007 and May 2009, the parties engaged in discovery and held multiple settlement conferences.

On May 22, 2009 the parties entered into a consent decree that required the plaintiff to develop and implement antidiscrimination and anti-retaliation policies and procedures, establish new complaint procedures, provide training to employees, reinstate certain claimants, comply with bi-annual reporting requirements, and provide $630,000 to claimants. The consent decree, which had a 3 year duration, was approved by the court on May 27, 2009. There was no further litigation and the case is now closed.

Justin Kanter - 06/02/2008
Sean Mulloy - 02/10/2018


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