Case: EEOC v. THERMAL FOAMS, INC.

1:05-cv-00461 | U.S. District Court for the Western District of New York

Filed Date: June 30, 2005

Closed Date: March 21, 2008

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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 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.

Summary Authors

Kevin Wilemon (6/11/2008)

Documents in the Clearinghouse

	Document
1:05-cv-00461	Docket [PACER] EEOC v. Thermal Foams, Inc.	April 13, 2006	April 13, 2006 Docket
1 1:05-cv-00461	Complaint EEOC v. Thermal Foams, Inc.	June 30, 2005	June 30, 2005 Complaint
11 1:05-cv-00461	Consent Decree EEOC v. Thermal Foams, Inc.	March 21, 2006	March 21, 2006 Settlement Agreement
13 1:05-cv-00461	Order [Closing Case] EEOC v. Thermal Foams, Inc.	April 13, 2006	April 13, 2006 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	April 1, 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 24, 2024, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Thermal Foams, Inc. , filed by Equal Employment Opportunity Commission.(JDK, ) (Entered: 06/30/2005)	June 30, 2005	June 30, 2005
	Summons Issued as to Thermal Foams, Inc.. (JDK, ) (Entered: 06/30/2005)	June 30, 2005	June 30, 2005
2	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Thermal Foams, Inc. waiver sent on 7/11/2005, answer due 9/9/2005. (Penzel, Markus) (Entered: 07/25/2005)	July 25, 2005	July 25, 2005
3	ANSWER to Complaint and Affirmative Defenses by Thermal Foams, Inc.. (Attachments: # 1 Certificate of Service)(Oppenheimer, Randolph) (Entered: 09/09/2005)	Sept. 9, 2005	Sept. 9, 2005
4	ORDER REFERRING CASE to Magistrate Judge Leslie G. Foschiofor full pretrial, no dispositive motions. Signed by Hon. William M. Skretny on 9/28/05. (Cauley, Kathleen) (Entered: 09/29/2005)	Sept. 29, 2005	Sept. 29, 2005
5	ORDER Scheduling Conference set for 11/9/2005 11:30 PM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 10/4/2005. (SDW) (Entered: 10/04/2005)	Oct. 4, 2005	Oct. 4, 2005
	Minute Entry for proceedings held before Judge Leslie G. Foschio : Scheduling Conference held on 11/9/2005. Case management order discussed, same to be filed by the court. Appearances by telephone: Pltf-Markus Pinzel, Esq.; Dft-Randy Oppenheimer, Esq. (SDW) (Entered: 11/09/2005)	Nov. 9, 2005	Nov. 9, 2005
6	SCHEDULING ORDER: Parties directed to participate in ADR program commencing 12/1/2005 and concluding 1/31/2006. Rule 26 Disclosures 11/23/2005. Join Parties/Amend Pleadings due by 3/15/2006. Discovery due by 6/30/2006. Motions to Compel Discovery due by 7/7/2006. Depositions conclude 9/1/2006. Motions to compel depositions 9/9/2006. Plaintiff initiate discovery by 2/15/2006. Plaintiff Expert Witness ID due by 9/15/2006. Defendant Expert Witness ID due by 10/13/2006. Motions to compel expert disclosures 10/31/2006. Expert depositions conclude 12/29/2006. Motions to compel expert depositions 1/12/2007. Settlement Conference set for 2/7/2007 02:00 PM before Hon. Leslie G. Foschio. Motions due by 3/16/2007. Pretrial Statements due by 4/6/2007. Final Pretrial Conference set for 5/9/2007 09:00 AM before Hon. William M. Skretny. Jury Trial set for 7/10/2007 09:30 AM before Hon. William M. Skretny. Signed by Hon. Leslie G. Foschio on 11/9/2005. (SDW) (Entered: 11/10/2005)	Nov. 9, 2005	Nov. 9, 2005
7	Corporate Disclosure Statement by Thermal Foams, Inc. identifying no parent company as Corporate Parent.. (Attachments: # 1 Certificate of Service)(Oppenheimer, Randolph) (Entered: 11/30/2005)	Nov. 30, 2005	Nov. 30, 2005
8	ORDER. Scheduling Order amended as follows: Mediation shall conclude not later than 2/28/2006. Signed by Hon. Leslie G. Foschio on 1/6/2006. (SDW) (Entered: 01/06/2006)	Jan. 6, 2006	Jan. 6, 2006
9	Mediation Certification by Krista Gottlieb(Gottlieb, Krista) (Entered: 03/20/2006)	March 20, 2006	March 20, 2006
11	STIPULATION re 10 MOTION to Approve Consent Judgment Consent Decree by Equal Employment Opportunity Commission. (Penzel, Markus) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006
12	Mediation Certification by Krista Gottlieb(Gottlieb, Krista) (Entered: 03/23/2006)	March 23, 2006	March 23, 2006
13	ORDER GRANTING 11 Plaintiff's Motion to Approve the Consent Decree and DIRECTING the Clerk of the Court to close this case. Signed by the Hon. William M. Skretny on 4/12/2006. (MEAL) (Entered: 04/13/2006)	April 13, 2006	April 13, 2006