University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MERRILL GARDENS LLC EE-IN-0070
Docket / Court 1:05-cv-00004-TLS-RBC ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
This suit was brought by the Indianapolis office of the EEOC in January 2005 in the U.S. District Court for the Northern District of Indiana against Merrill Gardens LLC. The complaint alleged that Merrill Gardens had a pattern or practice of not hiring non-Caucasians, in violation of Title VII of ... read more >
This suit was brought by the Indianapolis office of the EEOC in January 2005 in the U.S. District Court for the Northern District of Indiana against Merrill Gardens LLC. The complaint alleged that Merrill Gardens had a pattern or practice of not hiring non-Caucasians, in violation of Title VII of the Civil Rights Act of 1964. The case was consolidated with a private class action lawsuit that had previously been filed by some of the charging parties in the EEOC action (1:04-cv-00248-TLS-RBC). The cases ended with a consent decree entered in the EEOC case October 2005 and a class action settlement subsequently entered in the private case.

The consent decree is in effect for 42 months, though some provisions will cease effect if Merrill Gardens loses ownership of its facility. The consent decree requires Merrill Garden to hire without using race as a basis, and generally not to discriminate or retaliate in violation of Title VII. It requires the defendant to pay a total of $750,000 to known and unknown class members, including $100,000 in attorneys' fees. Additionally, Merrill Gardens must post and distribute a notice of non-discrimination, give non-discrimination training to its employees, keep relevant records, and report to the EEOC. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Shankar Viswanathan - 08/11/2008
- 06/13/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Merrill Gardens LLC
Merrill Gardens LLC
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
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 - 2009
Case Closing Year 2009
Case Ongoing No
Case Listing EE-IN-0129 : Hill v. Merrill Gardens LLC (N.D. Ind.)
Additional Resources
click to show/hide detail
  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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:05-cv-00004-TLS-RBC (N.D. Ind.)
EE-IN-0070-9000.pdf | Detail
Date: 04/12/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-IN-0070-0001.pdf | Detail
Date: 01/04/2005
Complaint [Amended]
EE-IN-0070-0002.pdf | Detail
Date: 02/02/2005
Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree (N.D. Ind.)
EE-IN-0070-0004.pdf | Detail
Date: 06/08/2005
Order [Contains Settlement Agreement] (N.D. Ind.)
EE-IN-0070-0005.pdf | Detail
Date: 06/08/2005
EEOC Press Release
EE-IN-0070-0014.pdf | Detail
Date: 06/22/2005
Entry of Consent Decree
EE-IN-0070-0006.pdf | Detail
Date: 10/04/2005
Opinion and Order Granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree (N.D. Ind.)
EE-IN-0070-0007.pdf | Detail
Date: 10/06/2005
Joint Verified Final Report and Court Approval and Final Order (N.D. Ind.)
EE-IN-0070-0009.pdf | Detail
Date: 04/12/2006

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