Case: EEOC v. The Hertz Corporation

8:05-cv-00339 | U.S. District Court for the District of Nebraska

Filed Date: July 14, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In July 2005, the EEOC district Office in Denver, Colorado brought this suit against the Hertz Corporation, a national car/van/truck rental firm, in the U.S. District Court for the District of Nebraska. The complaint alleged race discrimination, in violation of Title VII of the Civil Rights Act of 1964, as a result of a manager calling a black male "ape" and "monkey" on two separate occasions while in the presence of at least six coworkers. The complaint was filed on 14 July 2005 and a consen…

In July 2005, the EEOC district Office in Denver, Colorado brought this suit against the Hertz Corporation, a national car/van/truck rental firm, in the U.S. District Court for the District of Nebraska. The complaint alleged race discrimination, in violation of Title VII of the Civil Rights Act of 1964, as a result of a manager calling a black male "ape" and "monkey" on two separate occasions while in the presence of at least six coworkers. The complaint was filed on 14 July 2005 and a consent decree was entered on 28 July 2005.

The consent decree stated that the defendant must (1) pay the aggrieved employee $8,500 in satisfaction of all claims relating to this litigation; (2) post notices of its commitment to all aspects of Title VII, the ADA, the ADEA, and the EPA; (3) not discriminate or retaliate against an employee on the basis of race, color, national origin, religion, sex, age, or disability; (4) publish an anti-discrimination policy that is to be conspicuously posted in each of the defendant's facilities; (5) provide Title VII training to non-managerial employees, managerial employees and HR employees for two, eight and 20 hours, respectively; and (6) establish a discrimination complaint system that will report the name, address, position of the complainant, and a brief summary of the oral or written complaint to the local office of the EEOC. The term of the decree was two years.

Summary Authors

Jason Chester (6/2/2007)

Raul Noguera-McElroy (2/8/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5643654/parties/equal-employment-opportunity-commission-v-hertz-corporation-the/


Judge(s)

Gossett, F. A. III (Nebraska)

Attorneys(s) for Plaintiff

Mitchell, Joseph H. (Texas)

Rogers, Kim Rene (Colorado)

Weeks, Nancy A. (Colorado)

Judge(s)

Gossett, F. A. III (Nebraska)

Attorneys(s) for Plaintiff

Mitchell, Joseph H. (Texas)

Rogers, Kim Rene (Colorado)

Weeks, Nancy A. (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 14, 2017 Docket
1

Complaint

July 14, 2005 Complaint
3

Consent Decree

July 28, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5643654/equal-employment-opportunity-commission-v-hertz-corporation-the/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Hertz Corporation, The; no Summons issued, by Attorney Kim R. Rogers on behalf of Equal Employment Opportunity Commission(CJP) (Entered: 07/14/2005)

July 14, 2005
3

CONSENT DECREE. Signed by Judge Laurie Smith Camp on 7/28/2005. (JAE, )

July 28, 2005 RECAP
2

CIVIL COVER SHEET (CJP) (Entered: 07/14/2005)

July 14, 2005
4

ORDER that by operation of the Consent Decree 3 the Clerk close this matter for all purposes. Ordered by Judge Laurie Smith Camp. (CJP)

Sept. 11, 2007 RECAP
5

Mail Returned as Undeliverable addressed to martha.muller@eeoc.gov regarding Order 4 . Receiptant no longer at this office. Other receiptants received notification of filing. E−mail not resent. (JAE, ) (Entered: 09/18/2007)

Sept. 14, 2007

State / Territory: Nebraska

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 14, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Hertz Corporation (Omaha, Nebraska), 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

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 8500

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits