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Case Name EEOC v. Cleveland Construction EE-TN-0023
Docket / Court 2:04-cv-02730-SHM-tmp ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 Inc. for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C ... read more >
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 Inc. for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e and under 42 U.S.C. § 1981. The defendant was a contractor hired to assist in constructing the FedEx Forum in Memphis. The EEOC claimed that the defendant engaged in unlawful employment practices by terminating the employment of six African American employees because of their race and replacing 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 entered 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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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Cleveland Construction, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of six 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 - 2007
Filing Year 2004
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Docket(s)
2:04-cv-02730-SHM-tmp (W.D. Tenn.)
EE-TN-0023-9000.pdf | Detail
Date: 01/31/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Plaintiff's Motion to Compel [ECF# 16] (W.D. Tenn.)
EE-TN-0023-0001.pdf | Detail
Date: 02/23/2005
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part Plaintiff's Motion for Protective Order [ECF# 42] (W.D. Tenn.)
EE-TN-0023-0002.pdf | Detail
Date: 09/09/2005
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff's Motion to Quash and Denying Defendant's Motion Seeking Permission to Subpoena Documents from Third Parties (2006 WL 2520922 / 2006 U.S.Dist.LEXIS 64222) (W.D. Tenn.)
EE-TN-0023-0004.pdf | WESTLAW| LEXIS | Detail
Date: 06/09/2006
Order Denying Defendant's Motion for Summary Judgment (2006 WL 1806042 / 2006 U.S.Dist.LEXIS 44640) (W.D. Tenn.)
EE-TN-0023-0005.pdf | WESTLAW| LEXIS | Detail
Date: 06/29/2006
Consent Decree [ECF# 133]
EE-TN-0023-0003.pdf | Detail
Date: 10/03/2006
Source: PACER [Public Access to Court Electronic Records]
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Judges Pham, Tu M. (W.D. Tenn.) [Magistrate] show/hide docs
EE-TN-0023-9000

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