On September 15, 2004, the Memphis office of the Equal Employment Opportunity Commission (EEOC) filed this complaint in the U.S. District Court for Western District of Tennessee. The EEOC sued Cleveland Construction under Title VII of the Civil
Rights Act of 1964 and 42 U.S.C. § 1981, alleging that the defendant engaged in unlawful
employment practices. The defendant was a contractor hired to assist in constructing the FedEx Forum in Memphis. The EEOC claimed that the defendant illegally terminated the employment of six African American employees because of their race and replaced them with Hispanic workers; it sought injunctive and monetary relief.

After a period of discovery, on March 24, 2006, the defendant filed a motion for summary judgment. On June 29, 2006, Judge Samuel Mays denied the defendant’s motion for summary judgment. EEOC v. Cleveland Constr. Co., 2006 WL 1806042 (W.D. Tenn. 2006).

The parties then settled. One October 3, 2006, Judge Mays approved a consent decree that was to be effective for one year. Under the decree, Cleveland Construction agreed not to engage in any employment practice that had purpose or effect of discriminating against any individual on the basis of race as prohibited by Title VII of the Civil Rights Act of 1964. The defendant acknowledged its obligation not to take any retaliatory measure against any employee and former employee or applicant for opposing practices made unlawful under Title VII, or for making a charge or complaint to the EEOC, and also agreed to maintaining a policy prohibiting racial discrimination. The defendant agreed to pay $93,875 to the six complainants in full settlement of the claims.

A year after the consent decree began, on October 31, 2007, the case was dismissed. The case is now closed.

Kevin Wilemon - 08/11/2007
Lisa Koo - 01/31/2019


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