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Case Name
EEOC v. THERMAL FOAMS, INC.
EE-NY-0171
Docket / Court
1:05-cv-00461-WMS-LGF ( W.D.N.Y. )
State/Territory
New York
Case Type(s)
Equal Employment
Special Collection
EEOC Study -- in sample
Attorney Organization
EEOC
Case Summary
The Boston Area Office of the EEOC brought this suit against Thermal Forms, Inc. in June 2005 in the U.S. District Court for the Western District of New York. The complaint alleged that the defendant violated the Age Discrimination in Employment Act when it discharged its five oldest employees ...
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The Boston Area Office of the EEOC brought this suit against Thermal Forms, Inc. in June 2005 in the U.S. District Court for the Western District of New York. The complaint alleged that the defendant violated the Age Discrimination in Employment Act when it discharged its five oldest employees whose average age was 50 and replaced them with younger, less-qualified employees whose average age was 30. The parties engaged in court-ordered mediation and entered into a consent decree in April 2006. The two-year consent decree required the defendant to refrain from discrimination and retaliation; pay a total of $130,600 in damages; create an anti-discrimination policy; post a notice of equal employment opportunity laws; train its supervisors on the ADEA; and make biannual reports to the EEOC. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.
Kevin Wilemon - 06/11/2008
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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
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action
Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Case Details
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Defendant(s)
Thermal Foams, Inc.
Thermal Foams, 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
Filed Pro Se
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
2006 - 2008
Filed
06/30/2005
Case Closing Year
2008
Case Ongoing
No
Documents
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Court
Docket(s)
W.D.N.Y.
04/13/2006
1:05-cv-00461-WMS-LGF
EE-NY-0171-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
W.D.N.Y.
06/30/2005
Complaint [ECF# 1]
EE-NY-0171-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D.N.Y.
03/21/2006
Consent Decree [ECF# 11]
EE-NY-0171-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D.N.Y.
04/13/2006
Order [Closing Case] [ECF# 13]
EE-NY-0171-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
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