EEOC v. CLEVELAND CONSTRUCTION INC | Civil Rights Litigation Clearinghouse

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Case Name	EEOC v. CLEVELAND CONSTRUCTION INC	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	The Memphis Office of the EEOC filed this action in the U.S. District Court for the Western District of Tennessee. The Defendant was Cleveland Construction Company. The controversy involved the alleged termination of a group of six African-American workers based on their race in violation of ... read more > The Memphis Office of the EEOC filed this action in the U.S. District Court for the Western District of Tennessee. The Defendant was Cleveland Construction Company. The controversy involved the alleged termination of a group of six African-American workers based on their race in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in October 2006. The court denied a motion for summary judgment by the defendant. EEOC v. Cleveland Constr. Co., No. 04-2730 MA/P, 2006 WL 1806042 (W.D. Tenn. 2006). The complainants, who did not intervene in the case, were awarded $93,875, expungement of the controversy from their personnel files, and a guarantee of neutral references. In addition, the company was required to provide training and distribute a policy of non-discrimination. The decree was to last for one year. Kevin Wilemon - 08/11/2007 compress summary

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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

Title VII (including PDA), 42 U.S.C. § 2000e

Case Details

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Defendant(s)	Cleveland Construction, 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 - 2007
Case Closing Year	2006
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) Citation: 49 B.C. L. Rev. 367 (2008) [ Detail ] [ External Link ]
	Second Generation Employment Discrimination: A Structural Approach By: Susan Sturm (Columbia Law School) Citation: 101 Colum. L. Rev. 458 (2001) [ Detail ] [ External Link ]

Documents

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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]

People

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Judges	Pham, Tu M. (W.D. Tenn.) [Magistrate] EE-TN-0023-9000

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