Case: Brown v. Nucor Corporation

2:04-cv-22005 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 25, 2004

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 8, 2003, thirteen African Americans filed a class action lawsuit in the U.S. District Court for the Western District of Arkansas against Nucor Corporation. Represented by private counsel, the plaintiffs alleged that Nucor discriminated against them on the basis of race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and Section One of the Civil Rights Act of 1866, 42 U.S.C. 1981a. The plaintiffs sought injunctive relief, equitable remedies, ba…

On December 8, 2003, thirteen African Americans filed a class action lawsuit in the U.S. District Court for the Western District of Arkansas against Nucor Corporation. Represented by private counsel, the plaintiffs alleged that Nucor discriminated against them on the basis of race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and Section One of the Civil Rights Act of 1866, 42 U.S.C. 1981a. The plaintiffs sought injunctive relief, equitable remedies, back pay, compensatory and punitive damages, and attorney's fees.

On August 24, 2004, the District Court (Judge Harry F. Barnes) severed the plaintiffs' claims into four cases and transferred each to the judicial district in which the unlawful employment practices allegedly occurred. Accordingly, this case was transferred to the District of South Carolina.

For the next nine years, the parties engaged in a protracted legal battle concerning class certification. Initially, on August 7, 2007, the District Court (Judge C. Weston Houck) denied plaintiffs' motion for class certification. But exactly two years later, this ruling was overturned by the Fourth Circuit Court (before Judge M. Blane Michael, Judge Roger L. Gregory, and Judge G. Steven Agee). Brown v. Nucor Corp., 576 F.3d 149 (4th Cir. 2009). The District Court subsequently granted certification on February 16, 2011, although it modified the class composition on April 27, 2011, upon the defendants' request. The Court defined the class as "All African-Americans who are . . . or were employed by Nucor Corporation . . . at any time between December 2, 1999 . . . in the beam mill, hot mill, cold mill, melting, maintenance, and shipping departments, and who may have been discriminated against because of Nucor's challenged practices."

The battle continued. After the Supreme Court's decision in Wal-Mart Stores v. Dukes in June 2011, the defendants' filed a motion to decertify the class. On September 11, 2012, the Court granted the motion with respect to what it termed plaintiffs' disparate treatment and disparate impact claims, but denied the motion with respect to the plaintiffs' hostile work environment claim.

Both parties appealed the district court's decision in different ways. Below is a brief summary of how both issues progressed following the September 2012 order. The "Discriminatory Job Promotion Practices" section of this summary refers to the plaintiffs' disparate treatment and disparate impact claims, and is so titled because of the way that the Fourth Circuit later labeled these claims.

Hostile Work Environment Claim

The defendants again sought to decertify the class based on the hostile work environment claim, this time based on the United States Supreme Court's decision in Comcast Corp v. Behrend, 569 U.S. 27 (2013), but the District Court again denied to do so on September 27, 2013. The defendants moved for reconsideration but the court denied that on February 14, 2014.

The defendants eventually sought permission to appeal under Rule 23(f), but on July 25, 2014, the Fourth Circuit denied the request as untimely, explaining that Rule 23(f) permits review only when an appeal from a certification order is filed within fourteen days of the order. The Circuit Court treated the September 11, 2012 order as the order at issue, and explained that the four motions for decertification of the hostile work environment class did not affect the time component here. These four motions by the defendant did not reset the time for appeal because none of the District Court rulings in response to them altered the original ruling of the District Court on this issue. It explained that holding otherwise would render 23(f)'s deadline "toothless" by allowing parties to circumvent it by filing motions to amend or decertify at any time after the district court's original order on the issue. On August 25, 2014, the Fourth Circuit denied to rehear the issue en banc.

Discriminatory Job Promotion Practices Claim

The plaintiffs originally responded to the September 11, 2012, order that granted decertification of the class with regard to the disparate treatment and disparate impact claims by filing a motion to amend the order on September 25, 2012. The District Court denied this motion to amend on April 5, 2013, finding that the plaintiffs had failed to show that the Court had committed a clear error of law. The plaintiffs then sought permission to appeal the District Court's order decertifying the class in this respect, and the Fourth Circuit granted permission to appeal on June 18, 2013.

On May 11, 2015, the Fourth Circuit agreed with the plaintiffs and vacated the portion of the District Court's September 11, 2012 order that had decertified the class with regard to the disparate treatment and disparate impact claims. The Fourth Circuit opinion referred to these claims as "discriminatory job promotion practices" claims. In answering the question of whether the workers had presented a common question of employment discrimination through evidence of racism in the workplace, the Fourth Circuit explained that "the critical question is thus not whether the data used is perfect but instead whether it is reliable and probative of discrimination." It reasoned that the plaintiffs' statistical evidence was methodologically sound and yielded results that satisfied Wal-Mart's heightened requirement of commonality. It also explained that the surrounding circumstances and anecdotal evidence of discrimination in this case helped animate the statistical findings in a way that made them legally significant.

In light of the Fourth Circuit's holding, the District Court certified the promotions class on December 22, 2015. With both the promotions class and the hostile work environment class certified, the litigation proceeding through discovery and other motions practice for years. On July 26, 2017, the case was reassigned to Judge David C. Norton.

On December 26, 2017 the parties filed a joint motion for preliminary approval of a settlement agreement. The Court granted preliminary approval the following day. Under the agreement, the settlement class would be comprised of: "all African-Americans who are, or were employed by Nucor Corporation or Nucor Steel Berkeley at the Nucor Berkeley manufacturing plant in Huger, South Carolina at any time between December 2, 1999 and April 27, 2011, in the beam mill, hot mill, cold mill, melting, maintenance, and shipping departments, and who may have been discriminated against because of Nucor's challenged practices, and who did not opt out of the class."

The settlement awarded an aggregate amount of $22,500,000, which defendants would put into a fund that would be distributed to individual members and that would also be used to pay class counsels' attorneys' fees and expenses, class representatives' expenses, notice and administration costs, and other applicable taxes and fees. The amount of each individual settlement payment would be based on information provided through claim forms that would assess the relative strength of the alleged merits of the settlement class member's claim(s) based on various factors outlined in the agreement. In addition to reimbursement of reasonable expenses, the settlement included an agreement by defendants not to object to attorneys' fees of up to $10,000,000.

The settlement also contained provisions awarding injunctive relief in which Nucor agreed to take certain actions with regard to Nucor Steel Berkeley. Among other things, these provisions included Nucor providing training on non-discrimination/harassment, and Nucor incorporating various provisions into the appropriate company policies to deal with any complaints of discrimination and/or harassment.

On February 22, 2018, the Court granted final approval of the settlement, finding it fair, reasonable, and adequate as required by F.R.C.P. Rule 23. The final agreement provided monetary relief totaling $22,500,000. Of this, $10,000,000 would go to class counsel for attorneys fees, and another $975,699.22 would go to counsel for reimbursement of costs. The Court also approved $40,000 service payments to each of the class representatives. The remaining money would go into the fund so that it could be distributed to individual members of the class under the terms of the agreement. Final judgment on the class litigation was entered on April 13, 2018.

The only remaining issue at that point was one individual class member's request to opt out of the class. The Court resolved this on December 7, 2018, finding that this individual plaintiff was bound by the January 2017 opt-out deadlines included in the class notice and was therefore unable to opt out of the class.

Any remaining litigation between these parties was officially ended on December 27, 2018, when the Court granted a joint stipulation for dismissal with prejudice.

Summary Authors

Jordan Rossen (1/30/2014)

Chris Pollack (4/20/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4381268/parties/brown-v-nucor-corporation/


Judge(s)

Agee, G. Steven (Virginia)

Barnes, Harry F. (Arkansas)

Gregory, Roger L. (Virginia)

Houck, Charles Weston (South Carolina)

Keenan, Barbara Milano (Virginia)

King, Robert Bruce (South Carolina)

Michael, M. Blane (South Carolina)

Norton, David C. (South Carolina)

Attorneys(s) for Plaintiff

DeGweck, Benjamin John (Alabama)

Derfner, Armand Georges (South Carolina)

Judge(s)

Agee, G. Steven (Virginia)

Barnes, Harry F. (Arkansas)

Gregory, Roger L. (Virginia)

Houck, Charles Weston (South Carolina)

Keenan, Barbara Milano (Virginia)

King, Robert Bruce (South Carolina)

Michael, M. Blane (South Carolina)

Norton, David C. (South Carolina)

Attorneys(s) for Plaintiff

DeGweck, Benjamin John (Alabama)

Derfner, Armand Georges (South Carolina)

Donahue, Susan Gale (Alabama)

Kaplan, Philip E. (Arkansas)

McClain, Ray Pratt (South Carolina)

Morris, Grant E. (District of Columbia)

Polkey, Aaron Tobias (South Carolina)

Sanford, David W. (District of Columbia)

Spriggs, Peter Kent (Florida)

Wiggins, Robert L Jr. (Alabama)

Wilborn, Peter (South Carolina)

Attorneys(s) for Defendant

Alaniz, Richard D. (Texas)

Bennett, James F. (Missouri)

Brockman, Diana M. (Texas)

Cobb, David Starr (South Carolina)

Farris, Cary A. (Texas)

Gatlin, James Shannon (Texas)

Getchell, Earle Duncan Jr. (Virginia)

Gore, Gabriel E (Missouri)

Hamilton, Sheena R (Missouri)

Heilbrun, Micah Seth (Texas)

Jensen, Gail A. (Texas)

Kingston, Jennifer S (Missouri)

Kuhn, Michael J (Missouri)

Linker, John K. (Texas)

Marshall, Denzil Price Jr. (Alaska)

Mayes, Jeffrey S. (Texas)

Minces, David M. (Texas)

Mosley, David Brandon (Texas)

Parreno, O. Mishell (Texas)

Patterson, Brian G. (Texas)

Patton, Marcus Roland (Texas)

Ralephata, Nosizi (South Carolina)

Sine, Erin Michelle (Virginia)

Stith, Melanie G. (South Carolina)

Villacorta, Adrian V. (Texas)

Watts, Sidney C. (Texas)

Wilkerson, John Smith III (South Carolina)

Expert/Monitor/Master

Schraeder, Terry E. (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

U. S. Court of Appeals for the Fourth Circuit

Aug. 21, 2009 Docket

Docket [PACER]

Bennett v. Nucor Corporation

Dec. 27, 2018 Docket
263

Third Amended Complaint

Jan. 28, 2005 Complaint

Opening Brief for Plaintiffs-Appellants

U. S. Court of Appeals for the Fourth Circuit

2008 WL 2307453

May 13, 2008 Pleading / Motion / Brief

Brief of Appellees Nucor Corporation and Nucor Steel Berkeley

U. S. Court of Appeals for the Fourth Circuit

2008 WL 2724978

July 3, 2008 Pleading / Motion / Brief

Reply Brief for Plaintiffs-Appellants

U. S. Court of Appeals for the Fourth Circuit

2008 WL 3460087

July 28, 2008 Pleading / Motion / Brief
48

Opinion

U. S. Court of Appeals for the Fourth Circuit

576 F.3d 149

Aug. 7, 2009 Order/Opinion
359

Order

April 27, 2011 Order/Opinion
409

Order

2012 WL 12146620

Sept. 11, 2012 Order/Opinion
454

Order

Sept. 27, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4381268/brown-v-nucor-corporation/

Last updated May 12, 2022

ECF Number Description Date Link
1

Original file, certified copy of transfer order and docket sheet received from Western District of Arkansas (eric) (Entered: 08/25/2004)

Aug. 25, 2004 RECAP
2

ANSWER to Local Rule 26 Interrogatories by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White; jury demand (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
3

MOTION by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White for Robert L. Wiggins to appear pro hac vice FILING FEE AMOUNT $150.00 Receipt # scx200001743 (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
4

AFFIDAVIT of Robert L. Wiggins, Jr. by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White Re: [3-1] motion for Robert L. Wiggins to appear pro hac vice FILING FEE AMOUNT $150.00 Receipt # scx200001743 (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
5

MOTION by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White for Ann K. Wiggins to appear pro hac vice FILING FEE AMOUNT $150.00 Receipt # scx200001743 (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
6

AFFIDAVIT of Ann K. Wiggins by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White Re: [5-1] motion for Ann K. Wiggins to appear pro hac vice FILING FEE AMOUNT $150.00 Receipt # scx200001743 (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
7

MOTION by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White for Benjamin J. De Gweck to appear pro hac vice FILING FEE AMOUNT $150.00 Receipt # scx200001743 (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
8

AFFIDAVIT of Benjamin J. De Gweck by plaintiff Quinton Brown, plaintiff Jason Guy, plaintiff Ramon Roane, plaintiff Alvin Simmons, plaintiff Sheldon Singletary, plaintiff Gerald White Re: [6-1] affidavit (cmur) (Entered: 09/17/2004)

Sept. 17, 2004 PACER
9

NOTICE of attorney appearance for defendant Nucor Corporation, defendant Nucor Steel Berkeley by John Smith Wilkerson III, Melanie G Stith, David Starr Cobb (pchi) (Entered: 09/23/2004)

Sept. 22, 2004 PACER
10

ANSWER to Local Rule 26 Interrogatories by defendant Nucor Corporation, defendant Nucor Steel Berkeley; jury demand (pchi) (Entered: 09/23/2004)

Sept. 22, 2004 PACER
11

ORDER granting [7-1] motion for Benjamin J. De Gweck to appear pro hac vice ( signed by Judge C W. Houck ) (eod 9/29/04) (erav) (Entered: 09/29/2004)

Sept. 28, 2004 PACER
12

ORDER granting [5-1] motion for Ann K. Wiggins to appear pro hac vice ( signed by Judge C W. Houck ) (eod 9/29/04) (erav) (Entered: 09/29/2004)

Sept. 28, 2004 PACER
13

ORDER granting [3-1] motion for Robert L. Wiggins to appear pro hac vice ( signed by Judge C W. Houck ) (eod 9/29/04) (erav) (Entered: 09/29/2004)

Sept. 28, 2004 PACER
14

MOTION by defendant Nucor Corporation, defendant Nucor Steel Berkeley for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
15

APPLICATION/AFFIDAVIT of Richard D. Alaniz by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
16

APPLICATION/AFFIDAVIT of Terry E. Schraeder by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
17

APPLICATION/AFFIDAVIT of John K. Linker by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
18

APPLICATION/AFFIDAVIT of Cary Andrew Farris by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
19

APPLICATION/AFFIDAVIT of Jeffrey Shannon Mayes by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
20

APPLICATION/AFFIDAVIT of Adrian Victor Villacorta by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
21

APPLICATION/AFFIDAVIT of Diana Michelle Brockman by defendant Nucor Corporation, defendant Nucor Steel Berkeley Re: [14-1] motion for Richard D. Alaniz, Terry E. Schraeder, John K. Linker, Jeff S. Mayes, Cary A. Farris, Adrian V. Villacorta and Diana M. Brockman to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 (erav) (Entered: 10/05/2004)

Oct. 4, 2004 PACER
22

CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 10/27/04 ; 26(a) Initial Disclosures served by 11/10/04 ; 26(f) Report filed by 11/19/04 ; Joining of parties,amending of pleadings on 11/19/04 ; Plaintiff's ID of Experts set for 12/10/04 ; Defendant's ID of Experts set for 12/17/04 ; Records Custodian Affidavit filed by 4/8/05 ; Discovery cutoff 3/31/05 ; Motion In Limine filed by 6/23/05 ; Deadline for filing of all motions 3/18/05 ; 26(a)3 Pretrial Disclosures filed by 5/13/05 ; Pretrial Brief filed by 6/24/05 ; Jury Selection deadline set for 7/1/05 ; ADR Statement/Cert due by 3/15/05 Mediation deadline for 4/15/05 ( signed by Magistrate Judge George C. Kosko ) eod (cmur) (Entered: 10/08/2004)

Oct. 8, 2004 PACER
23

ORDER granting [14-1] motion for Richard D. Alaniz to appear pro vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
24

ORDER granting [14-1] motion for Terry E. Schraeder to appear pro hac vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
25

ORDER granting [14-1] motion for John K. Linker to appear pro vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
26

ORDER granting [14-1] motion for Cary Andrew Farris to appear pro vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
27

ORDER granting [14-1] motion for Jeff S. Mayes to appear pro vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
28

ORDER granting [14-1] motion for Adrian V. Villacorta to appear pro vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
29

ORDER granting [14-1] motion for Diana M. Brockman to appear pro vice FILING FEE AMOUNT $1050 Receipt # SCX200001847 ( by Judge C W. Houck ) (eod 10/14/04) (erav) (Entered: 10/14/2004)

Oct. 13, 2004 PACER
30

JOINT 26(f) Report by Nucor Steel Berkeley, Nucor Corporation, Gerald White, Sheldon Singletary, Alvin Simmons, Ramon Roane, Jason Guy, Quinton Brown . Parties Disagree to Conference and Scheduling Order. (cmur) Modified on 11/22/2004 (Entered: 11/22/2004)

Nov. 19, 2004 PACER
31

JOINT 26(f) Answers to Local Rule 26 Interrogatories by Nucor Steel Berkeley, Nucor Corporation, Gerald White, Sheldon Singletary, Alvin Simmons, Ramon Roane, Jason Guy, Quinton Brown . (cmur) (Entered: 11/22/2004)

Nov. 19, 2004 PACER
32

CONSENT SCHEDULING ORDER setting 26(f) Conference no later than 11/2/04 ; 26(a) Initial Disclosures served by 12/31/04 ; 26(f) Report filed by 11/19/04 ; Joining of parties,amending of pleadings on 1/28/05 ; Plaintiff's ID of Experts set for 11/4/05 ; Defendant's ID of Experts set for 12/5/05 ; Discovery cutoff 2/3/06 ; ( signed by Magistrate Judge George C. Kosko ) eod (cmur) (Entered: 11/23/2004)

Nov. 23, 2004 PACER
33

ORDER substituting attorney terminated D.P. Marshall, Jr. Added John S. Wilkerson, III ( signed by Magistrate Judge George C. Kosko ) eod (cmur) (Entered: 12/09/2004)

Dec. 9, 2004 PACER
34

AMENDED ANSWER to Local Rule 26.01 Interrogatories by defendant Nucor Steel Berkeley, defendant Nucor Corporation; jury demand (erav) (Entered: 01/27/2005)

Jan. 26, 2005 PACER
35

MOTION by plaintiff Gerald White, plaintiff Sheldon Singletary, plaintiff Ramon Roane, plaintiff Jason Guy, plaintiff Quinton Brown, plaintiff Alvin Simmons to amend complaint (cmur) (Entered: 01/31/2005)

Jan. 28, 2005 PACER
36

NOTICE of Hearing before Magistrate Judge George C. Kosko set Motion Hearing to 2:30 2/14/05 for [35-1] motion to amend complaint (obri) (Entered: 02/03/2005)

Feb. 3, 2005 PACER
37

JOINT RESPONSE by defendant Nucor Steel Berkeley, defendant Nucor Corporation to [35-1] motion to amend complaint (cmur) (Entered: 02/11/2005)

Feb. 10, 2005 PACER

MOTION HEARING [35-1] motion to amend complaint held ORAL ORDER withdrawing [35-1] motion to amend complaint (before Magistrate Judge George C. Kosko ) Court Reporter: Gilbert O'Brien,ESR. (obri)

Feb. 14, 2005 PACER

Motion Hearing

Feb. 14, 2005 PACER
38

REPLY by plaintiff Gerald White, plaintiff Sheldon Singletary, plaintiff Ramon Roane, plaintiff Jason Guy, plaintiff Quinton Brown, plaintiff Alvin Simmons to defendant's response to [35-1] motion to amend complaint (cmur) (Entered: 02/15/2005)

Feb. 14, 2005 PACER
39

CONSENT ORDER allowing plaintiffs leave to file third amended complaint. Defendants have 20 days from the date of this order to serve their responsive pleadings to the third amended complaint. Signed by Judge George C Kosko on 2/24/2005. (cmur, ) (Entered: 02/25/2005)

Feb. 24, 2005 PACER
40

MOTION to Compel Discovery by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White. Response to Motion due by 3/15/2005 (cmur, ) (Entered: 02/28/2005)

Feb. 25, 2005 PACER
42

NOTICE of Hearing on Motion 40 MOTION to Compel: Motion Hearing set for 3/22/2005 10:00 AM in Charleston #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge George C Kosko. (obri, ) (Entered: 03/07/2005)

March 7, 2005 PACER
44

ANSWER to Third Amended Complaint by Nucor Corporation, Nucor Steel Berkeley.(erav, ) (Entered: 03/21/2005)

March 15, 2005 PACER
45

RESPONSE in Opposition re 40 MOTION to Compel Discovery filed by Nucor Steel Berkeley. (erav, ) (Entered: 03/21/2005)

March 15, 2005 PACER
43

NOTICE of Hearing on Motion 40 MOTION to Compel: RE SCHEDULING Motion Hearing TO 3/29/2005 AT 02:30PM PREVIOUSLY SET FOR 3/22/05 AT 10:00 in Charleston #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge George C Kosko. (obri, ) (Entered: 03/16/2005)

March 16, 2005 PACER
46

REPLY to Response to Motion re 40 MOTION to Compel filed by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White. (cmur, ) (Entered: 03/23/2005)

March 21, 2005 PACER
47

MOTION to Appear Pro Hac Vice by Brandon David Mosley Filing Fee Receipt Number 200002646 by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 4/15/2005 (Attachments: # 1 Affidavit Brandon David Mosley)(eric) (Entered: 03/28/2005)

1 Affidavit David Mosley Brandon

View on PACER

March 28, 2005 PACER
48

ORDER granting 47 Motion to Appear Pro Hac Vice for Brandon David Mosley Signed by Judge David C Norton on 3/28/05. (eric) (Entered: 03/28/2005)

March 28, 2005 PACER
49

Minute Entry for proceedings held before Judge George C Kosko : denying 40 Motion to Compel, Motion Hearing held on 3/29/2005 re 40 MOTION to Compel filed by Alvin Simmons,, Quinton Brown,, Jason Guy,, Ramon Roane,, Sheldon Singletary,, Gerald White,. (Court Reporter gob esr.) (obri, ) Modified docket text on 3/29/2005 (obri, ). (Entered: 03/29/2005)

March 29, 2005 PACER
50

OBJECTIONS and APPEAL by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White to 49 Order denying Motion to Compel. (cmur, ) (Entered: 04/13/2005)

April 12, 2005 PACER
51

TRANSCRIPT of Motion Hearing, pp 1-53, held on 3-29-2005 before Judge George C. Kosko. Court Reporter: Debbie Potocki. (dpotocki, ) (Entered: 04/21/2005)

April 21, 2005 PACER
52

RESPONSE filed by Nucor Steel Berkeley to Plaintiffs' Objections and Appeal of Magistrate's denial of motion to compel discovery. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Wilkerson, John) Modified on 4/25/2005 to clarify docket text, per attorney's request (ssan, ). (Entered: 04/22/2005)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

April 22, 2005 PACER
53

Unoppossed MOTION for Extension of Time to File Reply as to 52 Response to Motion, by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White. Response to Motion due by 5/16/2005 (Attachments: # 1 Proposed Order)(jwol, ) (Entered: 04/28/2005)

1 Proposed Order

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April 28, 2005 PACER
54

ORDER granting 53 Motion for Extension of Time to File Reply to the Response of defendant Nucor Steel Berkeley to plaintiffs' objections and appeal of the Magistrate's denial of their motion to compel discovery is hereby extended through 5/9/05. Signed by Judge C Weston Houck on 5/2/05. (erav, ) (Entered: 05/03/2005)

May 2, 2005 PACER
55

DECLARATION of Edwin L. Bradley Ph.D by plaintiff's Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White. (jwol, ) (Entered: 05/10/2005)

May 9, 2005 PACER
56

Reply to defendant's opposition to objection and appeal of Magistrate's denial of motion to compel discovery by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White re 52 Response to Motion, (jwol, ) (Entered: 05/10/2005)

May 9, 2005 PACER
57

MOTION for Protective Order by Nucor Steel Berkeley. Response to Motion due by 6/13/2005 Proposed Order sent to Judge Chambers email account? No. (Attachments: # 1 Exhibit Defendant's Exhibits 1-5)(Wilkerson, John) (Entered: 05/24/2005)

1 Exhibit Defendant's Exhibits 1-5

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May 24, 2005 PACER
58

CERTIFICATE OF SERVICE by Nucor Steel Berkeley re 57 MOTION for Protective Order (Wilkerson, John) (Entered: 05/24/2005)

May 24, 2005 PACER
59

NOTICE of Hearing on Motion 57 MOTION for Protective Order: Motion Hearing set for MONDAY 6/20/2005 10:00 AM in Charleston Courtroom #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge George C Kosko. (obri, ) (Entered: 05/25/2005)

May 25, 2005 PACER
60

NOTICE of Hearing: On Plaintiff's Appeal of the Order Denying the Motion to Compel (50) and Defendant's Motion for Protective Order (57) set for 6/8/2005 11:00 AM in Charleston Courtroom #4, U. S. Court House, 85 Broad St, Charleston before Honorable C Weston Houck. (erav, ) (Entered: 05/27/2005)

May 27, 2005 PACER
61

NOTICE OF CANCELLATION of hearing: on Motion for Protective Order set for 6/20/05,10:00 A.M. before Magistrate Judge George C Kosko. (jwol, ) (Entered: 06/01/2005)

June 1, 2005 PACER
62

RESPONSE to Motion re 57 for Protective Order Response filed by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White. Reply to Response to Motion due by 6/17/2005 (Attachments: # 1 Attachments (2) Deposition of Meleah Barnhill)(jwol, ) (Entered: 06/07/2005)

1 Exhibit attachments

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2 Exhibit Deposition ofMeleah Barnhill

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June 7, 2005 PACER
63

Minute Entry for proceedings held before Judge C Weston Houck : taking under advisement 57 Motion for Protective Order, Motion Hearing held on 6/8/2005 re 57 MOTION for Protective Order filed by Nucor Steel Berkeley,, 40 MOTION to Compel under advisement(previously denied by Judge Kosko) filed by Alvin Simmons,, Quinton Brown,, Jason Guy,, Ramon Roane,, Sheldon Singletary,, Gerald White,. Court to issue written order (Court Reporter Potocki.) (obri, ) (Entered: 06/08/2005)

June 8, 2005 PACER
64

MOTION to Compel by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 10/17/2005 (Attachments: # 1 Exhibit 1-2)No proposed order(Wilkerson, John) (Entered: 09/28/2005)

1 Exhibit 1-2

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Sept. 28, 2005 PACER
65

NOTICE of Hearing on Motion 64 MOTION to Compel: Motion Hearing set for Wednesday 10/26/2005 02:00 PM in Charleston Courtroom #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge George C Kosko. (obri, ) (Entered: 09/30/2005)

Sept. 30, 2005 PACER
66

NOTICE of Hearing on Motion 64 MOTION to Compel: Motion Hearing set for Wednesday 10/26/2005 02:00 PM in Charleston Courtroom #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge George C Kosko. (obri, ) (Entered: 10/03/2005)

Oct. 3, 2005 PACER
67

NOTICE of Cancellation of Motion Hearing: 10/26/05 at 2:00 HEARING CANCELED(obri, ) (Entered: 10/19/2005)

Oct. 19, 2005 PACER
68

ORAL ORDER withdrawing 64 Motion to Compel per fax received to Judge Kosko's chambers Signed by Judge George C Kosko on 10/19/05. (obri, ) (Entered: 10/19/2005)

Oct. 19, 2005 PACER
69

MOTION for Protective Order by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 11/7/2005 No proposed order(Wilkerson, John) (Entered: 10/19/2005)

Oct. 19, 2005 PACER
70

MOTION for Extension of Time to Complete Discovery Unopposed by Defendants by Quinton Brown, Jason Guy, Ramon Roane, Alvin Simmons, Sheldon Singletary, Gerald White. Response to Motion due by 11/7/2005 No proposed order(McClain, Ray) (Entered: 10/20/2005)

Oct. 20, 2005 PACER
71

CONSENT AMENDED SCHEDULING ORDERPlaintiffs ID of Expert Witness due by 1/4/2006. Defendants ID of Expert Witnesses Due by 2/6/2006. Class Discovery due by 4/3/2006. Any rebuttal report by Plaintiffs' experts will be filed no later than 3/8/2006. Supplementation shall be made no later than 3/8/2006. Plaintiffs' motion and brief regarding class certification due no later than 5/6/2006. Defendants' reply brief regarding class certification no later than 6/5/2006. Plaintiffs' reply brief regarding class certification no later than 6/20/2006. Signed by Judge George C Kosko on 10/24/2005. (ssan, ) (Entered: 10/25/2005)

Oct. 25, 2005 PACER
72

ORDER granting 70 Unopposed Motion for Extension of Time to Complete Discovery. See Amended Consent Scheduling Order, #71 for revised dates. Signed by Judge George C Kosko on 10/24/2005. (ssan, ) (Entered: 10/26/2005)

Oct. 25, 2005 PACER
73

RESPONSE in Opposition re 69 MOTION for Protective Order re: Executive Summary Response filed by Ravenel.Reply to Response to Motion due by 11/18/2005 (Attachments: # 1 Appendix #1# 2 Appendix #2)(McClain, Ray) (Entered: 11/07/2005)

1 Appendix #1

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2 Appendix #2

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Nov. 7, 2005 PACER
74

RESPONSE in Opposition re 57 MOTION for Protective Order, 69 MOTION for Protective Order re: Hiring Data Response filed by Ravenel.Reply to Response to Motion due by 11/18/2005 (Attachments: # 1 Appendix A -- Order in Arkansas# 2 Appendix B -- Order (dkt 40) in Ark# 3 Appendix C -- Employee Handbook# 4 Appendix D - Defendant's Policies)(McClain, Ray) (Entered: 11/07/2005)

1 Appendix A -- Order in Arkansas

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2 Appendix B -- Order (dkt 40) in Ark

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3 Appendix C -- Employee Handbook

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4 Appendix D - Defendant's Policies

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Nov. 7, 2005 PACER
75

MOTION to Quash Subpoena and continue Deposition of Dr. John Seres filed by Timothy Bouche, attorney for Dr. Seres. Response to Motion due by 11/28/2005 No proposed order(jdod, ) Additional attachment(s) added on 11/10/2005 (jdod, ). (Entered: 11/10/2005)

Nov. 10, 2005 PACER
76

AFFIDAVIT in Opposition to Plaintiff's Subpoena for Deposition and Production of Documents filed by Non-Party Dr. John Seres. (jdod, ) (Entered: 11/10/2005)

Nov. 10, 2005 PACER
77

REPLY to Response to Motion re 69 MOTION for Protective Order Re: Hiring Issues Response filed by Nucor Corporation, Nucor Steel Berkeley. (Wilkerson, John) (Entered: 11/18/2005)

Nov. 18, 2005 PACER
78

REPLY to Response to Motion re 69 MOTION for Protective Order Re: Executive Summary Response filed by Nucor Corporation, Nucor Steel Berkeley. (Wilkerson, John) (Entered: 11/18/2005)

Nov. 18, 2005 PACER
79

MOTION to Stay re 71 Scheduling Order,, Deadlines, without opposition by Quinton Brown. Response to Motion due by 1/9/2006 Proposed order is being emailed to chambers with copy to opposing counsel(McClain, Ray) (Entered: 12/20/2005)

Dec. 20, 2005 PACER
80

ORDER that the Court hereby stays all deadlines in this case and upon issuance of an order resolving the outstanding discovery disputes will set a status conference to set new deadlines in this matter; granting 79 Motion to Stay. Signed by Judge C Weston Houck on 1/24/06.(erav, ) (Entered: 01/24/2006)

Jan. 24, 2006 PACER
81

ORDER granting 57 Motion for Protective Order and denying 40 motion to compel Signed by Judge C Weston Houck on 3/30/06.(wwil, ) (Entered: 03/30/2006)

March 30, 2006 PACER
82

NOTICE of Hearing on Motion 69 MOTION for Protective Order, 75 MOTION to Quash; Status Conference to set new discovery deadlines pursuant to the order on 1/24/06. Motion Hearing set for 4/25/2006 02:30 PM in Charleston Courtroom #4, U. S. Court House, 85 Broad St, Charleston before Honorable C Weston Houck. (erav, ) (Entered: 04/10/2006)

April 10, 2006 PACER
83

NOTICE of Hearing on Motion 69 MOTION for Protective Order, 75 MOTION to Quash: Motion Hearing set for 4/25/2006 02:30 PM AND Status Conference to Set New Discovery Deadlines Pursuant to Order filed 1/24/06 in Charleston Courtroom #4, U. S. Court House, 85 Broad St, Charleston before Honorable C Weston Houck. (jdod, ) (Entered: 04/11/2006)

April 11, 2006 PACER
84

ORAL ORDER withdrawing 75 Motion to Quash. Counsel for Dr. Seres submitted letter withdrawing motion. Signed by Judge C Weston Houck on 4/12/06.(wwil, )There is no document for this entry (Entered: 04/12/2006)

April 12, 2006 PACER
85

NOTICE OF RESCHEDULED HEARING Motion Hearing set for April 25, 2006 at 2:30 PM CANCELLED AND RESCHEDULED to: APRIL 26, 2006 @ 2:30 PM in Charleston Courtroom #4, U. S. Court House, 85 Broad St, Charleston before Honorable C Weston Houck. (jdod, ) (Entered: 04/19/2006)

April 19, 2006 PACER
86

MOTION to Appear Pro Hac Vice by O. Mishell Parreno ( Filing fee $ 250 receipt number 552092) by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 5/15/2006 (Attachments: # 1 Affidavit Application of O. Mishell Parreno# 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Wilkerson, John) (Entered: 04/25/2006)

1 Affidavit Application of O. Mishell Parreno

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2 Exhibit Certificate of Good Standing

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April 25, 2006 PACER
87

Minute Entry for proceedings held before Judge C. Weston Houck: GRANTING 69 Motion for Protective Order preventing discovery of the executive summary filed by Nucor Corporation, Nucor Steel Berkeley. Parties to submit Amended Scheduling Order. Motion Hearing held on 4/26/2006. (Court Reporter Janet Collins.) (jdod, ) (Entered: 04/26/2006)

April 26, 2006 PACER
88

ORDER granting 86 Motion for O Mishell Parreno to Appear Pro Hac Vice on behalf of defendants. Signed by Judge C Weston Houck on 4/27/06.(erav, ) (Entered: 04/28/2006)

April 28, 2006 PACER
89

AMENDED SCHEDULING ORDER:Plaintiffs ID of Expert Witness due by 12/12/2006. Defendants ID of Expert Witnesses due by 10/12/2006. Discovery due by 12/4/2006. Plaintiffs will designate their experts and provide their experts' report on or before 9/12/06; Defendants will designate and provide their experts' reports on or before 10/12/06. Plaintiffs' motion and brief regarding class certification must be filed by 2/6/07; Defendants' reply brief regarding class certification must be filed no later than 3/6/07. Plaintiffs' reply brief regarding class certification must be filed no later than 3/21/07. Signed by Judge C Weston Houck on 5/5/06. (erav, ) (Entered: 05/05/2006)

May 5, 2006 PACER
90

TRANSCRIPT of Motions held on 4/26/06 before Judge C. Weston Houck. Court Reporter: Janet Collins. (jcollins, ) (Entered: 05/24/2006)

May 24, 2006 PACER
91

MOTION to Appear Pro Hac Vice by Sidney C. Watts ( Filing fee $ 250 receipt number 603503) by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 6/20/2006 (Attachments: # 1 Affidavit # 2 Exhibit Certificate in Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Wilkerson, John) (Entered: 06/02/2006)

1 Affidavit

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2 Exhibit Certificate in Good Standing

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June 2, 2006 PACER
92

ORDER granting 91 Motion for Sidney C Watts to Appear Pro Hac Vice on behalf of defendants. Signed by Judge C Weston Houck on 6/2/06.(erav, ) (Entered: 06/05/2006)

June 2, 2006 PACER
93

MOTION to Appear Pro Hac Vice by Micah Heilburn ( Filing fee $ 250 receipt number 607695) by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 6/26/2006 (Attachments: # 1 Affidavit # 2 Exhibit)Proposed order is being emailed to chambers with copy to opposing counsel(Wilkerson, John) (Entered: 06/06/2006)

1 Affidavit

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2 Exhibit

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June 6, 2006 PACER
94

ORDER granting 93 Motion for Micah Seth Heilburn to Appear Pro Hac Vice on behalf of defendants. Signed by Judge C Weston Houck on 6/8/06.(erav, ) (Entered: 06/08/2006)

June 8, 2006 PACER
95

MOTION to Appear Pro Hac Vice by Susan G. Donahue (By Consent) ( Filing fee $ 250 receipt number 622925) by Quinton Brown. Response to Motion due by 7/5/2006 Proposed order is being emailed to chambers with copy to opposing counsel(McClain, Ray) (Entered: 06/16/2006)

June 16, 2006 PACER
96

MOTION to Withdraw as Attorney Relieving David S. Cobb as counsel by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 7/17/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Wilkerson, John) (Entered: 06/28/2006)

June 28, 2006 PACER
97

ORDER granting 95 Motion for Susan G Donahue to Appear Pro Hac Vice on behalf of the plaintiffs. Signed by Judge C Weston Houck on 6/28/06.(erav, ) (Entered: 06/28/2006)

June 28, 2006 PACER
98

ORDER granting 96 Motion for David S Cobb to Withdraw as Attorney for defendants Nucor Corporation, Nucor Steel Berkeley. Signed by Judge C Weston Houck on 6/28/06.(erav, ) (Entered: 06/28/2006)

June 28, 2006 PACER
99

MOTION for Protective Order by Nucor Corporation, Nucor Steel Berkeley. Response to Motion due by 8/4/2006 No proposed order(Wilkerson, John) (Entered: 07/17/2006)

July 17, 2006 PACER

State / Territory: South Carolina

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 25, 2004

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Settlement Class of: All African-Americans who are, or were employed by Nucor Corporation or Nucor Steel Berkeley at the Nucor Berkeley manufacturing plan in Huger, South Carolina at any time between December 2, 1999 and April 27, 2011, in the beam mill, hot mill, cold mill, melting, maintenance, and shipping departments, and who may have been discriminated against because of Nucor's challenged practices, and who did not opt out of the class.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nucor Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Amount Defendant Pays: 22500000

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Training

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black