University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. J.W. Aluminum EE-SC-0027
Docket / Court 2:03-2448-12BG ( D.S.C. )
State/Territory South Carolina
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In July 2003, the EEOC district office in Charlotte, North Carolina brought this suit against the J.W. Aluminum Company, a foil and sheet aluminum manufacturer, in the U.S. District Court for the District of South Carolina. The complaint alleged racial discrimination in violation of Title VII of ... read more >
In July 2003, the EEOC district office in Charlotte, North Carolina brought this suit against the J.W. Aluminum Company, a foil and sheet aluminum manufacturer, in the U.S. District Court for the District of South Carolina. The complaint alleged racial discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the allegations were that the defendant allowed its employees to use racial slurs and deface its premises with racial graffiti.

The parties settled and a consent decree was entered in March 2005. In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of race, establish a fund for potential class members in the amount of $225,000, provide EEO training, post EEO notices, implement an EEO policy, and make semiannual complaint reports. No fees or costs were awarded. The terms of the agreement ran for three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Jason Chester - 06/24/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
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) J.W. Aluminum Company
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 2005 - 2008
Case Closing Year 2008
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct 14, 2016
By: Outten & Golden
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  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)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

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

Docket(s)
2:03-cv-02448-DCN-GCK (D.S.C.)
EE-SC-0027-9000.pdf | Detail
Date: 03/10/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-SC-0027-0002.pdf | Detail
Date: 07/25/2003
Consent Decree
EE-SC-0027-0003.pdf | Detail
Date: 10/13/2004
Final Order Approving Consent Decree (D.S.C.)
EE-SC-0027-0004.pdf | Detail
Date: 03/10/2005
Annual Report on the Operations and Accomplishments of the Office of the General Counsel (FY 2005)
EE-SC-0027-0001.pdf | Detail
Date: 04/13/2006
Judges Kosko, George C. (D.S.C.) [Magistrate]
EE-SC-0027-9000

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