University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Conectiv, and related cases EE-PA-0047
Docket / Court 2:05-cv-03389-TMG ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On July 1, 2005, the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The EEOC sued four private corporations under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The complaint ... read more >
On July 1, 2005, the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The EEOC sued four private corporations under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The complaint asked the court for a permanent injunction and damages, including back pay and other monetary compensation.

Suing on behalf of three named black employees and all others similarly situated, the EEOC claimed that defendants had allowed black employees at a Pennsylvania construction project to be subjected to egregious and sustained racial harassment, creating a racially hostile work environment. The EEOC alleged that despite being aware of the situation, the defendants failed to take any remedy the situation. Specifically, the four black individuals named in the suit worked on a construction site outside of Bethlehem, Pennsylvania, as employees of the defendant construction companies. The employees alleged that they were subjected to a racially hostile work environment, including: (1) Racist graffiti on the walls of the portable toilets (including comments such as "n----- trash mother f--ker", "who let that dirty n----- into local 36", "sieg heil," and "KKK"); (2) Racially offensive comments made by foreman, including "black people are no good and you cannot trust them"; (3) A hangman's noose in the work area. The employees alleged that despite the fact that defendants had notice of such incidents and treatment, they failed to take any remedial action.

On October 13, 2005, the court (Judge Gene E.K. Pratter) consolidated four individual suits (filed by the three employees mentioned above and another employee) into this litigation by the EEOC. On May 25, 2006, the court dismissed the fourth employee's claims for failure to exhaust his administrative remedies. 2006 WL 1451527. However, on July 21, 2006, Judge Pratter granted that same plaintiff's motion to intervene.

On August 9, 2006, the case was transferred to the Hon. Thomas M. Golden.

Through 2006, 2007 and into early 2008, the case continued to move to trial, with Judge Golden denying various parties' motions for summary judgment and entertaining other pretrial motions. On July 24, 2007, however, the court granted summary judgment to defendants Ironworkers Local Union 36 and International Brotherhood of Electrical Workers Local 375. One of the plaintiffs had sued these unions as part of his separate suit stemming from the incidents at the construction site -- a suit that was consolidated with the EEOC suit against all of the workplace defendants noted above. In granting the motion, the court noted that a labor union may only be held liable under Title VII if the Union itself instigated or actively supported the discrimination or if it refuses grievances. Further, labor unions do not have an affirmative duty to investigate and take steps to alleviate discrimination on the part of employers.

The employee-plaintiff later appealed, but then withdrew the appeal when the matter settled.

Apparently the parties reached an agreement on money, but not injunctive relief, because on February 19, 2008, Judge Golden entered an order that the case was "dismissed without prejudice so that the parties can resolve the non-monetary aspects of the litigation." Notwithstanding this purported dismissal, on May 8, 2008, the court approved separate consent decrees between the EEOC and the four defendants. The court retained jurisdiction over the consent decrees, which were set to last for four years. The defendants agreed to pay, in total, $1,650,000 to the employees. The also agreed to develop and implement a written policy prohibiting racial discrimination and unlawful harassment and retaliation against their employees. Additionally, the defendants agreed to implement complaint procedures and to provide for prompt investigation of all complaints of harassment. They also agreed to do a Title VII training for management.

The four years have passed, so the case is presumably closed.

Greg Margolis - 02/10/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Training
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) A.C. Dellovade, Inc; Matrix Services Industrial Contractors; Steel Suppliers Erectors, Inc; Conectiv
Plaintiff Description Plaintiffs are the EEOC and four African-American men who worked in various capacities for a large construction project in Bethlehem, PA.
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 2008 - 2012
Filing Year 2005
Case Closing Year 2008
Case Ongoing No
Case Listing EE-PA-0223 : RIDDICK v. CONECTIV et al (E.D. Pa.)
EE-PA-0224 : SLATER v. CONECTIV et al (E.D. Pa.)
EE-PA-0225 : GRIMES v. CONECTIV et al (E.D. Pa.)
EE-PA-0226 : CAMPBELL v. CONECTIV et al (E.D. Pa.)
Docket(s)
2:05−cv−03389 (E.D. Pa.)
EE-PA-0047-9005.pdf | Detail
Date: 12/11/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-PA-0047-0001.pdf | Detail
Date: 07/01/2005
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 60] (2006 WL 1451527 / 2006 U.S.Dist.LEXIS 33410) (E.D. Pa.)
EE-PA-0047-0013.pdf | WESTLAW| LEXIS | Detail
Date: 05/25/2006
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 71] (E.D. Pa.)
EE-PA-0047-0002.pdf | Detail
Date: 07/20/2006
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 136] (E.D. Pa.)
EE-PA-0047-0003.pdf | Detail
Date: 05/04/2007
Source: PACER [Public Access to Court Electronic Records]
Supplemental Order [ECF# 137] (E.D. Pa.)
EE-PA-0047-0004.pdf | Detail
Date: 05/10/2007
Source: PACER [Public Access to Court Electronic Records]
Order [re: Summary Judgment] [ECF# 150] (E.D. Pa.)
EE-PA-0047-0005.pdf | Detail
Date: 07/24/2007
Source: PACER [Public Access to Court Electronic Records]
Order (of Dismissal) [ECF# 207] (E.D. Pa.)
EE-PA-0047-0006.pdf | Detail
Date: 02/19/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 209]
EE-PA-0047-0008.pdf | Detail
Date: 05/07/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 210]
EE-PA-0047-0009.pdf | Detail
Date: 05/07/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 211]
EE-PA-0047-0010.pdf | Detail
Date: 05/07/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 212]
EE-PA-0047-0011.pdf | Detail
Date: 05/07/2008
Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal with Prejudice [ECF# 213]
EE-PA-0047-0012.pdf | Detail
Date: 05/15/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Golden, Thomas M. (E.D. Pa.)
EE-PA-0047-9005
Plaintiff's Lawyers Cook, Terrence R. (Pennsylvania)
EE-PA-0047-9005
McNair, Jacqueline H. (Pennsylvania)
EE-PA-0047-9005
O'Boyle, Judith A. (Pennsylvania)
EE-PA-0047-9005
Rathgeber, Joanne (Pennsylvania)
EE-PA-0047-9005
Schwarzschild, Hannah (Pennsylvania)
EE-PA-0047-9005
Defendant's Lawyers Begley, Sara A (Pennsylvania)
EE-PA-0047-9005
Carnell, Susanne Harris (Pennsylvania)
EE-PA-0047-9005
Cottington, Robert B. (Pennsylvania)
EE-PA-0047-9005
Cottrell, Paul (Delaware)
EE-PA-0047-9005
Fasic, G. Kevin (Delaware)
EE-PA-0047-9005
Flynn-Kozara, Abigail D. (Pennsylvania)
EE-PA-0047-9005
Hollister, Michael T. (Pennsylvania)
EE-PA-0047-9005
Jones, Harry T. Jr. (District of Columbia)
EE-PA-0047-9005
Kaplan, Kimberly M. (Pennsylvania)
EE-PA-0047-9005
McClure, Shannon Elise (Pennsylvania)
EE-PA-0047-9005
McGrory, Patrick M. (Delaware)
EE-PA-0047-9005
Milcoff, Joseph P. (Pennsylvania)
EE-PA-0047-9005
Newmann, David (Pennsylvania)
EE-PA-0047-9005
Stansfield, Wayne C. (Pennsylvania)
EE-PA-0047-9005
Taglioli, Quintes D. (Pennsylvania)
EE-PA-0047-9005

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