Case: EEOC v. Whirlpool Corporation

3:06-cv-00593 | U.S. District Court for the Middle District of Tennessee

Filed Date: June 1, 2006

Closed Date: June 12, 2012

Clearinghouse coding complete

Case Summary

The Memphis District Office and Nashville Area Office of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Whirlpool Corporation on June 9, 2006, in the U.S. District Court for the Middle District of Tennessee. Judge John T. Nixon was assigned to this case. The complaint alleged sexual and racial harassment in violation of Title VII of the Civil Rights Act of 1964. The EEOC sought injunctive and monetary relief for the individual complainant and attorneys fees for …

The Memphis District Office and Nashville Area Office of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Whirlpool Corporation on June 9, 2006, in the U.S. District Court for the Middle District of Tennessee. Judge John T. Nixon was assigned to this case. The complaint alleged sexual and racial harassment in violation of Title VII of the Civil Rights Act of 1964. The EEOC sought injunctive and monetary relief for the individual complainant and attorneys fees for the EEOC.

Specifically, the complaint was brought after an African-American employee of Whirlpool complained that a fellow employee had racially and sexually harassed her. The harassment eventually led to the harasser physically attacking the complainant. Prior to the attack, the complainant complained to her supervisors about the harasser’s racialized and sexualized comments toward her, but her supervisors did very little to address her concerns. At one point, she complained to the supervisor and he responded by saying: “why don’t you just go ahead and f#@k him and get it over with?” After constantly rejecting the harasser’s sexual advances, the harasser physically attacked the complainant. The complainant eventually quit her job with Whirlpool Corporation because her therapist and psychologist advised her to do so. The complainant intervened in the case on July 24, 2006.

For the next two years, the parties engaged in discovery.

On December 21, 2009, the court ruled in favor of the plaintiffs. The court awarded monetary relief in back pay, front pay, and compensatory damages in the amount of $1,073,261. The court did not award any punitive damages. The court also did not grant any injunctive relief, stating that "because the workplace at issue, Defendant’s LaVergne Division, closed as of August 15, 2008 and Plaintiffs did not renew their request for this relief in their post-trial papers, the Court will not now grant injunctive or declaratory relief."

On February 20, 2010, the plaintiffs moved for attorney fees and costs. The court granted the plaintiff $215,015 in attorneys fees and costs on August 2, 2011.

Meanwhile, on April 26, 2011, the defendant appealed the district court's December ruling to the United States Court of Appeals for the Sixth Circuit. Without stating a reason, the parties then jointly moved to dismiss the appeal. The Sixth Circuit granted this joint motion on June 12, 2012, and the case is now closed.

Summary Authors

Kevin Wilemon (8/9/2008)

Sean Whetstone (6/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4788432/parties/equal-employment-opportunity-commission-v-whirlpool-corporation/


Judge(s)

Nixon, John Trice (Tennessee)

Attorneys(s) for Plaintiff

Dills, Steven W. (Tennessee)

Ramsey, Sally (Tennessee)

Smith, Deidre (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Backus, Asilia S. (Illinois)

Christlieb, David (Illinois)

Garrett, Timothy K. (Tennessee)

Hult, Keith C. (Illinois)

Wit, Adam C. (Illinois)

Judge(s)

Nixon, John Trice (Tennessee)

Attorneys(s) for Plaintiff

Dills, Steven W. (Tennessee)

Ramsey, Sally (Tennessee)

Smith, Deidre (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Backus, Asilia S. (Illinois)

Christlieb, David (Illinois)

Garrett, Timothy K. (Tennessee)

Hult, Keith C. (Illinois)

Wit, Adam C. (Illinois)

Other Attorney(s)

Allman, Andy L. (Tennessee)

Holmes, Martin D. (Tennessee)

Rogers, Helen Sfikas (Tennessee)

Shea, Siew-Ling (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

June 12, 2012 Docket
1

Complaint

June 9, 2006 Complaint
9

Complaint [Intervenor]

July 24, 2006 Complaint
194

Memorandum Order

2009 WL 4975280

Dec. 21, 2009 Order/Opinion
232

Order

2011 WL 3321291

Aug. 2, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4788432/equal-employment-opportunity-commission-v-whirlpool-corporation/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

June 9, 2006 PACER
2

Notice of Case Management Conference

June 9, 2006 PACER
3

Waiver of Service Executed

July 5, 2006 PACER
4

Motion to Continue

1 Proposed Order Proposed Order Granting Motion

View on PACER

July 19, 2006 PACER
5

Order

July 20, 2006 PACER
6

Motion to Intervene

July 21, 2006 PACER
7

Memorandum in Support

July 21, 2006 PACER
8

Order on Motion to Intervene

July 24, 2006 PACER
9

Intervenor Complaint

July 24, 2006 PACER
10

Motion to Appear Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 7, 2006 PACER
11

Motion to Appear Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 7, 2006 PACER
12

Motion to Appear Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

Aug. 7, 2006 PACER
13

Answer to Complaint

Aug. 7, 2006 PACER
14

Proposed Case Management Order

Aug. 7, 2006 PACER
15

Business Entity Disclosure Statement

Aug. 7, 2006 PACER

Docket Annotation

Aug. 8, 2006 PACER

Case Management Conference

Aug. 10, 2006 PACER
16

Receipt

Aug. 11, 2006 PACER
17

Receipt

Aug. 11, 2006 PACER
18

Receipt

Aug. 11, 2006 PACER
19

Appear Pro Hac Vice

Aug. 14, 2006 PACER
20

Scheduling Order

Aug. 16, 2006 PACER
21

Order Setting Case for Trial

Aug. 16, 2006 PACER
22

Order Reassigning Case

Aug. 16, 2006 PACER
23

Answer to Intervenor Complaint

Aug. 24, 2006 PACER
24

Motion to Amend/Correct

Nov. 8, 2006 PACER

Docket Annotation

Nov. 9, 2006 PACER
25

Order

Nov. 13, 2006 PACER
26

Response to Motion

1 Exhibit 1-Correspondence to Helen Rogers

View on PACER

2 Exhibit 2-Correspondence from Helen Rogers

View on PACER

3 Exhibit 3-Correspondence from Helen Rogers

View on PACER

4 Exhibit 4-Correspondence to Helen Rogers

View on PACER

5 Exhibit 5-Correspondence from Helen Rogers

View on PACER

Nov. 13, 2006 PACER
27

Motion for Extension of Time to Complete Discovery

1 Exhibit A - Order to Extend Scheduling Deadline

View on PACER

2 Exhibit B - Backus Letter to Rogers 11-27-06

View on PACER

3 Exhibit C - Response to RPD Pages 1 -15

View on PACER

4 Exhibit C - Response to RPD Pages 16 - 31

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5 Exhibit C - Response to RPD Pages 32-45

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6 Exhibit C - Response to RPD Pages 46 - 62

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7 Exhibit C - Response to RPD Pages 63-79

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8 Exhibit C - Response to RPD Pages 80 - 97

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9 Exhibit C - Response to RPD Pages 98 - 105

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10 Exhibit C - Response to RPD Pages 106 - 119

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11 Exhibit C - Response to RPD Pages 120 - 135

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12 Exhibit C - Response to RPD Pages 136 - 149

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13 Exhibit D - Answers to Interrogatories

View on PACER

14 Exhibit E - Backus Letter to Dills and Rogers 11-27-06

View on PACER

Dec. 14, 2006 PACER
28

Response in Opposition to Motion

1 Exhibit 1-Correspondence

View on PACER

2 Exhibit 2-Correspondence

View on PACER

3 Exhibit 3-Correspondence

View on PACER

Dec. 18, 2006 PACER
29

Motion to Compel

1 Exhibit Defendants Answers and Objections to Intervening Plaintiffs First Set of

View on PACER

2 Exhibit Defendants Responses and Objections to Intervening Plaintiffs First Requ

View on PACER

3 Exhibit Collective Exhibit C; Two Letters; dated November 1 and 6, 2006

View on PACER

4 Exhibit Courts Order of December 15, 2006

View on PACER

5 Exhibit Letter of November 27, 2006

View on PACER

6 Exhibit Carlota Freeman's Whirlpool Records

View on PACER

7 Exhibit Letter dated December 7, 2006

View on PACER

8 Exhibit Joint Written Statement Pursuant to Local Rule 37.01

View on PACER

9 Exhibit Letter dated December 7, 2006 to Helen S. Rogers from Littler Mendelson

View on PACER

10 Exhibit Defendants First Supplemental Answers and Objections to Intervening Plai

View on PACER

11 Exhibit Defendants First Supplemental Responses and Objections to Intervening Pl

View on PACER

Jan. 24, 2007 PACER
30

Notice (Other)

Feb. 8, 2007 PACER
31

Motion to Continue

1 Proposed Order Agreed Order

View on PACER

Feb. 9, 2007 PACER
32

Order on Motion to Continue

Feb. 14, 2007 PACER
33

Motion for Extension of Time to Complete Discovery

March 2, 2007 PACER
34

Motion for Protective Order

1 Exhibit 1

View on PACER

March 2, 2007 PACER
35

Order on Motion for Protective Order

March 13, 2007 PACER
36

Protective Order

March 13, 2007 PACER
37

Order

March 15, 2007 PACER
38

Order on Motion for Extension of Time to Complete Discovery

March 15, 2007 PACER

Discovery Hearing

April 2, 2007 PACER
39

Order

April 3, 2007 PACER
40

Subpoena

July 13, 2007 PACER
41

Subpoena

July 13, 2007 PACER
42

Subpoena

Aug. 7, 2007 PACER
43

Order on Motion to Compel

Aug. 29, 2007 PACER

Docket Annotation

Aug. 30, 2007 PACER
44

Motion for Miscellaneous Relief

1 Exhibit Deposition Page 50 of Stephen Montgomery, M.D.

View on PACER

Aug. 30, 2007 PACER

Docket Annotation

Aug. 31, 2007 PACER
45

Amended Document

Aug. 31, 2007 PACER

Docket Annotation

Sept. 4, 2007 PACER
46

Response in Opposition to Motion

1 Exhibit 1-Stephen A. Montgomery, M.D. Deposition Transcript Pages

View on PACER

Sept. 11, 2007 PACER
47

Response to Motion

Sept. 11, 2007 PACER

Docket Annotation

Sept. 20, 2007 PACER
48

Notice of Appearance

Sept. 20, 2007 PACER
49

Motion in Limine

1 Exhibit Notice of Subpoenaed Deposition

View on PACER

2 Exhibit Defendants Amended Rule 26 Initial Disclosures

View on PACER

3 Exhibit Declaration of Catina Renea Bolden

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4 Exhibit Catina Renea Bolden's Prior Statement

View on PACER

Sept. 20, 2007 PACER
50

Memorandum in Support

1 Exhibit Notice of Subpoenaed Deposition

View on PACER

2 Exhibit Defendants Amended Rule 26 Initial Disclosure

View on PACER

3 Exhibit Declaration of Catina Renea Bolden

View on PACER

4 Exhibit Catina Bolden's Prior Statement

View on PACER

Sept. 20, 2007 PACER
51

Motion to Take Deposition

1 Proposed Order Agreed Order Rescheduling Deposition

View on PACER

Sept. 21, 2007 PACER
52

Order on Motion to Take Deposition

Oct. 1, 2007 PACER
53

Response in Opposition to Motion

1 Exhibit 1-Sessoms v. Ghertner

View on PACER

Oct. 3, 2007 PACER
54

Memorandum in Support

Oct. 25, 2007 PACER

Docket Annotation

Oct. 29, 2007 PACER
55

Motion to Strike

Nov. 6, 2007 PACER
56

Memorandum in Support

1 Exhibit 1-Intervening Plaintiff's Amended Rule 26(a)(2) Expert Disclosures

View on PACER

2 Exhibit 2-March 14, 2007 Letter

View on PACER

3 Exhibit 3-March 19, 2007 Letter

View on PACER

4 Exhibit 4-March 22, 2007 Letter

View on PACER

5 Exhibit 5-Case

View on PACER

Nov. 6, 2007 PACER
57

Response in Opposition to Motion

1 Exhibit 1-Deposition Transcript Pages

View on PACER

2 Exhibit 2-Deposition Transcript Pages

View on PACER

3 Exhibit 3-Cases

View on PACER

Nov. 8, 2007 PACER
58

Response in Opposition to Motion

1 Exhibit 1-Excerpt from Dr. Stephen Montgomery's Deposition

View on PACER

Nov. 14, 2007 PACER

Docket Annotation

Nov. 15, 2007 PACER
59

Motion for Leave

Nov. 21, 2007 PACER
60

Order on Motion for Leave

Nov. 27, 2007 PACER
61

Reply to Response to Motion

1 Exhibit 1-Case

View on PACER

Nov. 30, 2007 PACER
62

Order

Dec. 21, 2007 PACER
63

Docket Annotation

Dec. 27, 2007 PACER
64

Order

Jan. 9, 2008 PACER
65

Motion to Continue

1 Exhibit 1-Order to Set

View on PACER

Jan. 14, 2008 PACER
66

Notice of Appearance

Jan. 16, 2008 PACER
67

Order

Jan. 25, 2008 PACER
68

Motion for Extension of Time to Complete Discovery

Feb. 27, 2008 PACER

Docket Annotation

Feb. 29, 2008 PACER
69

Response in Opposition to Motion

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Feb. 29, 2008 PACER
70

Motion for Discovery

1 Exhibit A - Letter from Whirlpool dated 2-26-08

View on PACER

March 3, 2008 PACER
71

Memorandum in Support

March 3, 2008 PACER
72

Motion for Discovery

1 Exhibit Backus Letter of 02-25-08

View on PACER

March 4, 2008 PACER
73

Memorandum in Support

March 4, 2008 PACER
74

Motion for Leave

March 5, 2008 PACER
75

Response in Opposition to Motion

1 Exhibit A-Letter dated March 22, 2007

View on PACER

2 Exhibit B-Letter dated December 12, 2007

View on PACER

3 Exhibit C-Cases

View on PACER

March 13, 2008 PACER
76

Motion for Extension of Time to Complete Discovery

April 14, 2008 PACER
77

Response in Opposition to Motion

1 Exhibit Deposition of Pam Auble

View on PACER

2 Exhibit Deposition of Karen Carey

View on PACER

April 18, 2008 PACER

Docket Annotation

April 21, 2008 PACER
78

Additional Attachments to Main Document

April 23, 2008 PACER
79

Order on Motion for Extension of Time to Complete Discovery

April 24, 2008 PACER
80

Motion for Miscellaneous Relief

May 21, 2008 PACER
81

Motion for Miscellaneous Relief

May 21, 2008 PACER
82

Order

May 23, 2008 PACER
83

Notice of Appearance

Aug. 11, 2008 PACER
84

Motion to Appear Pro Hac Vice

1 Exhibit Christlieb Certificate of Good Standing

View on PACER

Aug. 21, 2008 PACER
85

Receipt

Sept. 10, 2008 PACER
86

Appear Pro Hac Vice

Sept. 12, 2008 PACER
87

Order

Jan. 9, 2009 PACER
88

Order

Jan. 13, 2009 PACER

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 1, 2006

Closing Date: June 12, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf an African-American woman employee.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Whirlpool Corporation (LaVergne, TN), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $1,288,276.30

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit