Filed Date: Feb. 25, 2011
Closed Date: 2013
Clearinghouse coding complete
On February 25, 2011, four former job applicants of Howard Industries filed a lawsuit against the company in the U.S. District Court for the Southern District of Mississippi. Represented by private counsel, plaintiffs filed the lawsuit on behalf of themselves and a class of non-Latino (Caucasian and African-American) applicants who were harmed by the company's alleged discriminatory practices. Specifically, the plaintiffs alleged that Howard Industries denied their job applications on the basis of their race or national origin, in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.). The plaintiffs sought injunctive relief as well as compensatory and punitive damages.
On October 5, 2012, the District Court (Judge Keith Starrett) granted the plaintiffs' motion for class certification. The court certified the class as "All black and non-Hispanic white persons who applied for a bargaining unit position at Howard Industries' Laurel, Mississippi transformer facility between January 1, 2003, and August 25, 2008, and were not hired."
The parties reached a settlement, and the court issued a consent decree on March 11, 2013, resulting in injunctive and monetary relief. Cook v. Howard Indus., 2:11-cv-00041-KS-MTP, 2013 WL 943664 (S.D. Miss. Mar. 11, 2013). Specifically, the settlement required Howard Industries (1) to create a settlement fund of $1,300,000 to be paid to class members and (2) to offer seventy of the class members a bargaining unit position at its Laurel transformer plant. The class members who qualified for these positions "must initially choose between the Individual Settlement Benefit and the Employment Benefit, but any Qualified Class Member not selected for employment will receive an Individual Settlement Benefit." Lastly, the consent decree provided that Howard Industries pay plaintiffs' attorney fees in the amount of $457,500. The settlement agreement, not including the payment of attorney fees, was valued by the parties at $3,050,000.00.
This case is now closed.
Summary Authors
Jordan Rossen (11/23/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302099/parties/cook-v-howard-industries-inc/
Bonamarte, Michael Frank (Mississippi)
Butler, Gregory Todd (Mississippi)
Dodson, Jack Robinson (Mississippi)
Gifford, Patricia L.M. (Mississippi)
Carter, Danielle (District of Columbia)
Bonamarte, Michael Frank (Mississippi)
Butler, Gregory Todd (Mississippi)
Dodson, Jack Robinson (Mississippi)
Gifford, Patricia L.M. (Mississippi)
Gilmore, Nash E. (Mississippi)
Johnson, J. Clifton II (Mississippi)
Myers, Michael F. (Mississippi)
Perconti, John Joseph (Mississippi)
PHV, Danielle Carter (Mississippi)
PHV, Mariyette Meyers-Lopez (Mississippi)
Powell, Jordan Scott (Mississippi)
Ross, Lisa Mishune (Mississippi)
Shelson, James W (Mississippi)
See docket on RECAP: https://www.courtlistener.com/docket/4302099/cook-v-howard-industries-inc/
Last updated March 14, 2024, 3:10 a.m.
State / Territory: Mississippi
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Feb. 25, 2011
Closing Date: 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Four African-American applicants at Howard Industries, on behalf of themselves and a class of non-Latino (Caucasian as well as African-American) applicants who were denied jobs on the basis of their race.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Howard Industries, Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $3,507,500.00
Issues
Discrimination Area:
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Affected Race(s):