EEOC v. THERMAL FOAMS, INC. | Civil Rights Litigation Clearinghouse

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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 ... read more > 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 compress summary

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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. §§ 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
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
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 [ Detail ] [ External Link ]
	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 Faculty) Citation: 49 B.C. L. Rev. 367 (2008) [ Detail ] [ External Link ]
	Second Generation Employment Discrimination: A Structural Approach Date: Apr. 1, 2001 By: Susan Sturm (Columbia Law School Faculty) Citation: 101 Colum. L. Rev. 458 (2001) [ Detail ] [ External Link ]

Documents

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Docket(s)

1:05-cv-00461-WMS-LGF (W.D.N.Y.)
EE-NY-0171-9000.pdf | Detail
Date: 04/13/2006
Source: PACER [Public Access to Court Electronic Records]

General Documents

Complaint [ECF# 1] EE-NY-0171-0001.pdf \| Detail Date: 06/30/2005 Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 11] EE-NY-0171-0004.pdf \| Detail Date: 03/21/2006 Source: PACER [Public Access to Court Electronic Records]
Order [Closing Case] [ECF# 13] (W.D.N.Y.) EE-NY-0171-0005.pdf \| Detail Date: 04/13/2006 Source: PACER [Public Access to Court Electronic Records]

People

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