Case: Rosenberg v. Ikon Office Solutions

1:05-cv-09131 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 26, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 26, 2005, two African-Americans brought a class action lawsuit in the U.S. District Court for the Southern District of New York against their employer, Ikon Office Solutions. Plaintiffs alleged that Ikon followed discriminatory employment practices by refusing African-American employees equal pay, promotion opportunities, and hiring opportunities, creating a hostile work environment, and retaliating against African-Americans for complaining about such discrimination. Plaintiffs claim…

On October 26, 2005, two African-Americans brought a class action lawsuit in the U.S. District Court for the Southern District of New York against their employer, Ikon Office Solutions. Plaintiffs alleged that Ikon followed discriminatory employment practices by refusing African-American employees equal pay, promotion opportunities, and hiring opportunities, creating a hostile work environment, and retaliating against African-Americans for complaining about such discrimination. Plaintiffs claimed that as a result, Ikon violated Title VII of the Civil Rights Act as well as state anti-discrimination laws. Plaintiffs sought declaratory and injunctive relief, damages, and attorney fees.

On August 3, 2006, the plaintiffs amended their complaint to include more detailed allegations and two additional plaintiffs. On July 26, 2007, the parties drafted and submitted a settlement agreement to the Court. On October 30, 2007, the Court (Judge Paul A. Crotty) granted preliminary approval of the agreement. Following a fairness hearing on the agreement, the Court granted final approval of the settlement agreement.

The agreement defined the class as all African-American individuals employed by Ikon's Legal Document or Management Services in New York, between January 1, 2001 and December 31, 2005. Upon approval of the agreement and by its terms, the Court ordered Ikon to pay a total of $175,000 to the named plaintiffs, and awarded plaintiffs' class counsel $436,500 in attorney fees and costs. The agreement further required Ikon to set up a fund to pay settlement checks to any class members that qualified for a claim, including the named plaintiffs. The agreement also addressed a charge filed by an individual with the Equal Employment Opportunity Commission, dismissing it and awarding the individual $35,000, in addition to a settlement check. Though the amount paid in settlement checks is unknown, Ikon paid at least $646,500 to the named plaintiffs and their counsel.

Summary Authors

Maurice Youkanna (7/31/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4328915/parties/rosenberg-v-ikon-office-solutions-inc/


Judge(s)

Crotty, Paul Austin (New York)

Attorneys(s) for Plaintiff

Heisler, Jeremy (New York)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Wittels, Steven Lance (New York)

Attorneys(s) for Defendant

Chung, Theresa J. (Pennsylvania)

Puma, Michael J. (New York)

Judge(s)

Crotty, Paul Austin (New York)

Attorneys(s) for Plaintiff

Heisler, Jeremy (New York)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Wittels, Steven Lance (New York)

Attorneys(s) for Defendant

Chung, Theresa J. (Pennsylvania)

Puma, Michael J. (New York)

Documents in the Clearinghouse

Document

1:05-cv-09131

Docket [PACER]

Rosenberg et al v. IKON Office Solutions, Inc.

Jan. 30, 2008

Jan. 30, 2008

Docket
1

1:05-cv-09131

Complaint

Oct. 26, 2005

Oct. 26, 2005

Complaint
6

1:05-cv-09131

First Amended Class Action Complaint

Aug. 3, 2006

Aug. 3, 2006

Complaint
16

1:05-cv-09131

Settlement Agreement

July 26, 2007

July 26, 2007

Settlement Agreement
26

1:05-cv-09131

Order Preliminarily Approving The Class Settlement

Oct. 29, 2007

Oct. 29, 2007

Order/Opinion
33

1:05-cv-09131

Memo in Support of Settlement Agreement

Jan. 18, 2008

Jan. 18, 2008

Pleading / Motion / Brief
36

1:05-cv-09131

Judgment and Order of Dismissal With Prejudice

Rosenberg v. Ikon Office Solutions, Inc.

Jan. 22, 2008

Jan. 22, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328915/rosenberg-v-ikon-office-solutions-inc/

Last updated July 20, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against IKON Office Solutions, Inc.. (Filing Fee $ 250.00, Receipt Number 559520)Document filed by St. Clare Rosenberg, Wayne Anderson.(kco, ) Additional attachment(s) added on 10/27/2005 (lb, ). (Entered: 10/27/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
2

ENDORSED LETTER addressed to Judge Crotty from Jeremy Heisler dated 02/01/2006 re: The parties request a stay until 03/31/2006. ENDORSEMENT: The Court is prepared to enter a stay upon either proof of service on defendants or an explanation of why service has not been made. So Ordered. (Signed by Judge Paul A. Crotty on 02/02/2006) (mov, ) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
3

CERTIFICATE OF SERVICE of Letter to The Honorable Paul A. Crotty Requesting Stay of Proceedings served on IKON Office Solutions, Inc. on 02/01/06. Service was made by Mail. Document filed by St. Clare Rosenberg. (Wittels, Steven) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
4

CERTIFICATE OF SERVICE of Summons and Complaint. IKON Office Solutions, Inc. served on 2/10/2006, answer due 3/2/2006. Service was made by Mail. Document filed by St. Clare Rosenberg. (Wittels, Steven) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

PACER
5

JOINT STIPULATION: It is hereby stipulated and agreed that the defendant agrees to accept service of plaintiff's complaint effective 2/16/2006, provided that defendant's time to answer or otherwise respond to plaintiffs' complaint is stayed during the pendency of the parties' ongoing settlement discussions... (Signed by Judge Paul A. Crotty on 3/28/2006) (lb, ) (Entered: 03/31/2006)

March 30, 2006

March 30, 2006

PACER
6

FIRST AMENDED COMPLAINT amending 1 Complaint against IKON Office Solutions, Inc.Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. Related document: 1 Complaint filed by Wayne Anderson, St. Clare Rosenberg.(jco, ) Additional attachment(s) added on 8/11/2006 (jco, ). (Entered: 08/11/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
7

JOINT STIPULATION AND ORDER the parties agree to engage in settlement discussions on an expedited basis, and that such discussions will conculde within ninety (90)days of the date that this joint Stipulation is approved by the Court ("Settlement End Date"). In the event that settlement is not reached on or before the Settlement End Date, the stay entered on March 31,2006 (Docket No. 5) will be lifted on that date, and IKON will answer, move or otherwise respond to the Amended Complaint within ninety (90) days after the Settlement End Date. (Signed by Judge Paul A. Crotty on 12/8/2006) (jmi, ) (Entered: 12/11/2006)

Dec. 8, 2006

Dec. 8, 2006

PACER
8

ORDER OF DISCONTINUANCE: this action is discontinued, without costs to either party. (Signed by Judge Paul A. Crotty on 5/11/07) (db) (Entered: 05/14/2007)

May 11, 2007

May 11, 2007

PACER
9

ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael S. Burkhardt dated 6/6/2007 re: to IKON hereby requests an extension of thirty (30) days from the date set forth in the Order to consummate settlement. The parties expert that the settlement agreement will finalized for Your Honor's approval on or before July 11, 2007. ENDORSEMENT: IKON hereby requests an extension of thirty (30) days from the date set forth in the Order to consummate settlement. Application GRANTED SO ORDERED. (Signed by Judge Paul A. Crotty on 6/6/2007) (jmi) (Entered: 06/07/2007)

June 6, 2007

June 6, 2007

PACER
10

ENDORSED LETTER addressed to Judge Paul A. Crotty from Jeremy Heisler dated 7/9/2007 re: request that the Court extend the deadline for the parties to comsumate the settlement an additional twelve (12) days, until 7/23/2007. ENDORSEMENT: Application granted. (Signed by Judge Paul A. Crotty on Paul A. Crotty) (jar) (Entered: 07/11/2007)

July 10, 2007

July 10, 2007

PACER
11

NOTICE OF APPEARANCE by Michael Jonathan Puma on behalf of IKON Office Solutions, Inc. (Puma, Michael) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

PACER
12

STATUS REPORT. Letter to Judge re settlement documents Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson.(Wittels, Steven) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
13

ENDORSED LETTER addressed to Judge Crotty from Jeremy Heisler, Esq dated 07/24/2007 re: extension to file settlement agreement and related documents with the Court no later than tomorrow, July 25, 2007.. ENDORSEMENT: Application GRANTED. (Signed by Judge Paul A. Crotty on 07/24/2007) (mov) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
14

JOINT MOTION for Hearing regarding Preliminary Approval of Settlement. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Attachments: # 1 Exhibit Settlement Agreement# 2 Exhibit Claim Form# 3 Exhibit Notice# 4 Text of Proposed Order)(Wittels, Steven) (Entered: 07/25/2007)

2 Exhibit Settlement Agreement

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3 Exhibit Claim Form

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4 Exhibit Notice

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5 Text of Proposed Order

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July 25, 2007

July 25, 2007

PACER
15

NOTICE OF APPEARANCE by Michael Jonathan Puma on behalf of IKON Office Solutions, Inc. (Puma, Michael) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
16

SETTLEMENT AGREEMENT. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson.(Wittels, Steven) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
17

NOTICE OF APPEARANCE by Michael Jonathan Puma on behalf of IKON Office Solutions, Inc. (Puma, Michael) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

PACER
18

ENDORSED LETTER addressed to Judge Crotty from Jeremy Heisler dated 09/10/2007 re: until 09/24/2007 to submit further papers in support of preliminary approival... ENDORSEMENT: Application GRANTED. Defendant's response by 09/28/2007. Conference on Thurs 10/04/2007 at 3:00 p.m. So ordered.Status Conference set for 10/4/2007 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (mov) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
19

ENDORSED LETTER addressed to Judge Paul A. Crotty from Jeremy Heisler dated 9/24/07 re: counsel for plaintiffs request until 10/3/07 to submit further papers in support of preliminary approval and until 10/11/07 for dft to reply to plaintiff's supplemental papers. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Paul A. Crotty on 9/26/07) (dle) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

PACER
20

NOTICE OF APPEARANCE by Theresa J. Chung on behalf of IKON Office Solutions, Inc. (Chung, Theresa) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
21

BRIEF re: 16 Settlement Agreement. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Attachments: # 1 Letter# 2 Declaration# 3 Affidavit # 4 Affidavit # 5 Affidavit # 6 Declaration# 7 Certificate of Service)(Wittels, Steven) (Entered: 10/03/2007)

2 Letter

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3 Declaration

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4 Affidavit

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5 Affidavit

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6 Affidavit

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7 Declaration

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8 Certificate of Service

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Oct. 3, 2007

Oct. 3, 2007

PACER
22

BRIEF re: 21 Brief, providing supplementary material regarding the revised proposed settlement agreement. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Attachments: # 1 Affidavit of St. Clare Rosenberg# 2 Affidavit of Wayne Anderson# 3 Declaration of Charles Washington# 4 Revised Proposed Settlement Agreement# 5 Proposed Notice of Settlement# 6 Claim Form)(Wittels, Steven) (Entered: 10/04/2007)

2 Affidavit of St. Clare Rosenberg

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3 Affidavit of Wayne Anderson

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4 Declaration of Charles Washington

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5 Revised Proposed Settlement Agreement

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6 Proposed Notice of Settlement

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7 Claim Form

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Oct. 4, 2007

Oct. 4, 2007

PACER
23

BRIEF re: 21 Brief, Defendant's Response to Plaintiff's Memorandum. Document filed by IKON Office Solutions, Inc..(Chung, Theresa) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER
24

MOTION for David Sanford to Appear Pro Hac Vice. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (jco) (Entered: 10/25/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
25

ORDER granting 24 Motion for David W. Sanford to Appear Pro Hac Vice as counsel for plaintiffs. (Signed by Judge Paul A. Crotty on 10/29/07) (cd) (Entered: 10/30/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
26

ORDER PRELIMINARILY APPROVING THE CLASS SETTLEMENT: the Court preliminarily approves the Settlement Agreement as being fair, reasonable and adequate, subject to the right of any Class member to challenge the fairness, reasonableness, or adequacy of the Settlement Agreement and to show cause, if any exists, why a final judgment dimissing the Action and all Released Claims and awarding compensation to Class Counsel, should not be entered after due and adequate notice to the Class and after a hearing on final approval as further set forth in said Order. A "Fairness Hearing" shall be held before this Curt on 1/22/08 at 2:45 p.m. in Courtroom 20C, 500 Pearl Street, New York, New York before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 10/29/07) (db) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER
27

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of of Motion for Final Approval of Class Action Settlement and Related Relief. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Wittels, Steven) Modified on 1/18/2008 (kco). (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
28

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - FINAL MOTION for Settlement Approval. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. Return Date set for 1/22/2008 at 02:45 PM.(Wittels, Steven) Modified on 1/18/2008 (kco). (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
29

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - DECLARATION of Claims Administrator Cathy Dales in Support re: 28 FINAL MOTION for Settlement Approval.. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Wittels, Steven) Modified on 1/18/2008 (kco). (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
30

FINAL MOTION for Settlement Approval. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. Return Date set for 1/22/2008 at 02:45 PM. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order Judgment and Order of Dismissal with Prejudice)(Wittels, Steven) (Entered: 01/18/2008)

1 Certificate of Service

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2 Certificate of Service

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3 Text of Proposed Order Judgment and Order of Dismissal with Prejudice

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Jan. 18, 2008

Jan. 18, 2008

RECAP
31

DECLARATION of David Sanford and Jeremy Heisler in Support re: 30 FINAL MOTION for Settlement Approval.. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-J)(Wittels, Steven) (Entered: 01/18/2008)

2 Exhibit A-D

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3 Exhibit E-J

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Jan. 18, 2008

Jan. 18, 2008

PACER
32

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - DECLARATION of Cathy Dales in Support re: 30 FINAL MOTION for Settlement Approval.. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Wittels, Steven) Modified on 1/18/2008 (kco). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
33

MEMORANDUM OF LAW in Support re: 30 FINAL MOTION for Settlement Approval.. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Wittels, Steven) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

RECAP
34

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY -DECLARATION of Claims Administrator Cathy Dales in Support re: 30 FINAL MOTION for Settlement Approval.. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Wittels, Steven) Modified on 1/29/2008 (kco). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
35

DECLARATION of Claims Administrator Kathy Dales in Support re: 30 FINAL MOTION for Settlement Approval.. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson. (Wittels, Steven) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
36

JUDGMENT #08,0097 in favor of St. Clare Rosenberg against IKON Office Solutions, Inc. in the amount of $ 60,000.00; in favor of Wayne Anderson against IKON Office Solutions, Inc. in the amount of $ 40,000.00; in favor of Charles Washington against IKON Office Solutions, Inc. in the amount of $ 30,000.00; in favor of Edward Anderson against IKON Office Solutions, Inc. in the amount of $ 45,000.00; and in favor of Settlement Class Counsel against IKON Office Solutions, Inc. in the amount of $ 399,983.81 for attorneys' fees and $36,516.19 for costs. (Signed by Judge Paul A. Crotty on 1/22/08) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 01/24/2008)

2 NOTICE OF RIGHT TO APPEAL

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Jan. 22, 2008

Jan. 22, 2008

PACER
37

LETTER addressed to Judge Paul A. Crotty from Theresa J. Chung dated 11/6/07 re: Counsel for Defendant enclose with this letter FedEx receipts confirming the delivery of CAFA notices to the U.S. State Attorney General and the New York Attorney General. Document filed by IKON Office Solutions, Inc.(tro) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
38

LETTER addressed to Judge Paul A. Crotty from Jeremy Heisler dated 1/17/08 re: Plaintiffs hereby submit by ECF their Motion in Support of Final Approval of the class action settlement and related relief. In conformity with the Settlement Agreement, counsel separately filed the Declaration of Claims Administrator regarding regularity of mailing. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson.(tro) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
39

LETTER (DUPLICATE ORIGINAL (FAX)) addressed to Judge Paul A. Crotty from Theresa J. Chung dated 11/6/07 re: Counsel for Defendant enclose with this letter FedEx receipts confirming the delivery of CAFA notices to the U.S. State Attorney General and the New York Attorney General. Document filed by IKON Office Solutions, Inc. Document filed by Edward Anderson, Charles Washington, St. Clare Rosenberg, Wayne Anderson.(tro) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
40

LETTER addressed to United States Atty General and New York General from Theresa J. Chung dated 10/31/07 re: Defendant IKON Office Solutions, Inc provides this updated notice of a proposed settlement in the above captioned class action purs to the Class Action Fairness of 2005. Document filed by IKON Office Solutions, Inc.(djc) (Entered: 02/04/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 26, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African Americans employed by the Defendant between Jan, 1 2001 and Dec, 31 2005 in the Legal Document Services or IKON Management Services business units in NY state.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ikon Office Solutions, Private Entity/Person

Case Details

Causes of Action:

State law

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $646,500+

Order Duration: 2008 - 2008

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black