University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. AREA ERECTORS, INC. EE-WI-0005
Docket / Court 06-C-0516-C ( W.D. Wis. )
Additional Docket(s) 1:07-cv-02339  [ 07-2339 ]
State/Territory Wisconsin
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 ... read more >
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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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Provide antidiscrimination training
Reinstatement
Reporting
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
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
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Area Erectors 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
Order Duration 2009 - 2012
Case Closing Year 2009
Case Ongoing No
Docket(s)
06-C-0516-C (W.D. Wis.)
EE-WI-0005-9000.pdf | Detail
Date: 04/25/2007
Source: PACER [Public Access to Court Electronic Records]
1:07-cv-02339 (N.D. Ill.)
EE-WI-0005-9001.pdf | Detail
Date: 06/11/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-WI-0005-0001.pdf | Detail
Date: 09/15/2006
Complaint [by Plaintiffs and Plaintiff-Intervenors] [ECF# 32-2]
EE-WI-0005-0005.pdf | Detail
Date: 04/26/2007
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 72]
EE-WI-0005-0002.pdf | Detail
Date: 08/09/2007
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [ECF# 120-2] (247 F.R.D. 549) (N.D. Ill.)
EE-WI-0005-0003.pdf | WESTLAW| LEXIS | Detail
Date: 11/27/2007
Consent Decree and Order [ECF# 149] (N.D. Ill.)
EE-WI-0005-0004.pdf | Detail
Date: 05/27/2009
Source: PACER [Public Access to Court Electronic Records]
Judges Mahoney, P. Michael (N.D. Ill.)
EE-WI-0005-0004 | EE-WI-0005-9001
Plaintiff's Lawyers Cooper, Ronald S. (District of Columbia)
EE-WI-0005-0005
Cummings, Jeffrey Irvine (Illinois)
EE-WI-0005-9001
Glanville, Tiffany Fonseca (Illinois)
EE-WI-0005-9001
Hendrickson, John C. (Illinois)
EE-WI-0005-0005 | EE-WI-0005-9001
Henry, Ann M. (Illinois)
EE-WI-0005-9001
Kamp, Jean P. (Wisconsin)
EE-WI-0005-0005
Lee, James (Wisconsin)
EE-WI-0005-0005
Powers, Deborah J. (Wisconsin)
EE-WI-0005-0005 | EE-WI-0005-9001
Reams, Gwendolyn Young (District of Columbia)
EE-WI-0005-0005
Siskind, Sarah (Wisconsin)
EE-WI-0005-9001
Defendant's Lawyers Barker, Daniel D. (Wisconsin)
EE-WI-0005-9001
Bruni, Jonathan P. (Wisconsin)
EE-WI-0005-9001
Caplis, Kevin James (Illinois)
EE-WI-0005-9001
Kennedy, Bradley G. (Wisconsin)
EE-WI-0005-9001
Minko, David (Wisconsin)
EE-WI-0005-9001
Walkup, April Renee (Illinois)
EE-WI-0005-9001
Zeglis, James D. (Illinois)
EE-WI-0005-9001

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