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Case Name EEOC v. Helmerich & Payne International Drilling Company EE-MS-0025
Docket / Court 3:05-cv-00691-DPJ-JCS ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On November 17, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Helmerich & Payne International Drilling Company in the U.S. District Court for the Southern District of Mississippi. The complaint alleged discrimination based on race in violation of Title VII of ... read more >
On November 17, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Helmerich & Payne International Drilling Company in the U.S. District Court for the Southern District of Mississippi. The complaint alleged discrimination based on race in violation of Title VII of the Civil Rights Act of 1964. More specifically, the defendant allegedly subjected African American employees to a racially hostile work environment that was so severe as to affect the terms, conditions, and privileges of employment. The EEOC sought injunctive and monetary relief. The case was assigned to District Judge Daniel P. Jordan, III.

After two settlement conferences, the parties settled the case in October 2007, by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required the development of an anti-discrimination policy and required the defendant to post and distribute the policy. The decree also required the defendant to train all of its managers, superintendents, tool pushers, drillers, crane operators, and human resource personnel with direct responsibility for its offshore platform rigs in the Gulf of Mexico on race, discrimination, harassment, and retaliation annually. The decree also called for the implementation of a complaint resolution process in which an aggrieved employee could notify the Director of Human Resources if a supervisor did not address a complaint of racial harassment. The defendant was required to submit biannual narrative summaries of each complaint of racial harassment made by aggrieved employees with the Director of Human Resources along with a statement regarding the resolution of each such complaint. The EEOC maintained the ability to enter and inspect the defendant's offshore platform rigs in the Gulf of Mexico. The injunctive parts of the decree had a two year term. If the EEOC found non-compliance, the decree allowed for court enforcement. In addition, the defendant agreed to pay $290,000 to be distributed among seven individual employees.

The claimant's attorney moved for an attorney lien on September 26, 2007. This attorney explained that he conducted research and represented the claimants in conciliation/settlement conferences in regard to this lawsuit before the EEOC got involved, so he should be granted a portion of the settlement fund. The court ordered the claimants to address the attorney’s fees.

On July 1, 2008, the court granted in part and denied in part the attorney’s fees. 2008 WL 2690365. This attorney initially sought attorney fees from the claimants through contingency fees. But the claimants objected this request, and the attorney abandoned it to instead move for the full amount of fees reflected in his time sheets. He calculated that he worked for 113.9 hours and was entitled to $45,560 from the settlement fund.

Although the court agreed that the attorney should be awarded attorney fees, the court did not agree with the amount nor the hours calculated. The court concluded that the hours calculated by the attorney was not credible. After the court reviewed and analyzed the attorney’s time sheets and explanation, the court concluded that the attorney provided 36 hours of service and should be awarded $7,200.00.

Two weeks later, the court ordered a disbursement of the settlement fund.

The duration of the consent decree has lapsed and there has been no indication of non-compliance found in the case docket, so the case is presumably closed.

Justin Kanter - 05/29/2008
Sean Whetstone - 07/03/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
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
Defendant(s) Helmerich & Payne International Drilling Co.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated against because of their race.
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 Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2009
Filing Year 2005
Case Closing Year 2009
Case Ongoing No
Docket(s)
3:05-cv-00691-DPJ-JCS (S.D. Miss.)
EE-MS-0025-9000.pdf | Detail
Date: 07/16/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-MS-0025-0001.pdf | Detail
Date: 11/17/2005
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 44] (S.D. Miss.)
EE-MS-0025-0002.pdf | Detail
Date: 03/20/2007
Source: PACER [Public Access to Court Electronic Records]
Consent Decree
EE-MS-0025-0003.pdf | Detail
Date: 10/09/2007
Order [ECF# 84] (2008 WL 2690365) (S.D. Miss.)
EE-MS-0025-0004.pdf | WESTLAW | Detail
Date: 07/01/2008
Source: PACER [Public Access to Court Electronic Records]
Agreed Order [ECF# 86] (S.D. Miss.)
EE-MS-0025-0005.pdf | Detail
Date: 07/16/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Jordan, Daniel Porter III (S.D. Miss.)
EE-MS-0025-9000
Sumner, James C. Jr. (S.D. Miss.) [Magistrate]
EE-MS-0025-0004 | EE-MS-0025-0005 | EE-MS-0025-9000
Plaintiff's Lawyers Barrett, Mason D. (Alabama)
EE-MS-0025-9000
Bean, Julie Steptoe (Alabama)
EE-MS-0025-9000
Byrd, Mildred (Alabama)
EE-MS-0025-0001 | EE-MS-0025-9000
McNair, Jacqueline (Alabama)
EE-MS-0025-0001 | EE-MS-0025-9000
Morrow, Eunice H. (Alabama)
EE-MS-0025-0001 | EE-MS-0025-9000
Russell, Ermea Jackson (Mississippi)
EE-MS-0025-9000
Smith, C. Emanuel (Alabama)
EE-MS-0025-9000
Defendant's Lawyers Adams, Holmes S. (Mississippi)
EE-MS-0025-9000
Other Lawyers Gates, Keith L. (Mississippi)
EE-MS-0025-0005 | EE-MS-0025-9000
Jones, D.L. Jr. (Mississippi)
EE-MS-0025-0005 | EE-MS-0025-9000

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