Case: EEOC v. IMCLONE SYSTEMS, INC.

3:04-cv-06218 | U.S. District Court for the District of New Jersey

Filed Date: Dec. 15, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On December, 15, 2004, the Equal Employment Opportunity Commission (EEOC) filed suit in the Trenton U.S District Court against Imclone Systems, Inc., on behalf of a black employee for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). The EEOC alleged that Imclone Systems discriminated against the employee on account of his race and retaliated against him for complaining about the discrimination. According to the complaint, the employee's white trainer made var…

On December, 15, 2004, the Equal Employment Opportunity Commission (EEOC) filed suit in the Trenton U.S District Court against Imclone Systems, Inc., on behalf of a black employee for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). The EEOC alleged that Imclone Systems discriminated against the employee on account of his race and retaliated against him for complaining about the discrimination. According to the complaint, the employee's white trainer made various racially derogatory statements, treated him more harshly, and made him perform menial duties that were not required of similarly situated white employees. Upon investigating the claims Imclone disciplined the white trainer but then demoted the employee to his previous position by discontinuing the training and eventually fired him. The EEOC sought its costs and monetary and injunctive relief for the employee, including back pay, reinstatement, compensation for emotional harm, and punitive damages.

The parties reached a settlement, which the Court (Judge Garrett E. Brown, Jr.) entered as a consent decree on May 25, 2005. Under the two-year decree the employee was entitled to receive $85,000 subject to the execution of a release, while Imclone was subject to a variety of injunctive provisions. The decree required Imclone to not engage in retaliation or racial discrimination, to post a notice about the case and its resolution, and to provide four hours of Title VII training with emphasis on racial discrimination and retaliation to all managers of the department in which the employee had worked and to the trainer who had been disciplined. The parties bore their own costs. As of this writing no further court activity appears on the docket, and the case is now closed.

Summary Authors

Kenneth Gray (7/24/2013)

People


Judge(s)

Brown, Garrett E. Jr. (New Jersey)

Hughes, John J. (New Jersey)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Cerasia, Edward II (New York)

Gordon, Yvette M (New Jersey)

Judge(s)

Brown, Garrett E. Jr. (New Jersey)

Hughes, John J. (New Jersey)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Cerasia, Edward II (New York)

Gordon, Yvette M (New Jersey)

Documents in the Clearinghouse

Document

3:04-cv-06218

Docket [PACER]

May 25, 2005

May 25, 2005

Docket
1

3:04-cv-06218

Complaint

Dec. 15, 2004

Dec. 15, 2004

Complaint
9

3:04-cv-06218

Consent Decree

May 25, 2005

May 25, 2005

Settlement Agreement

EEOC Litigations Settlement Report

EEOC v. Imclone Systems, Inc.

No Court

May 31, 2007

May 31, 2007

Press Release

Resources

Docket

Last updated Aug. 10, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/JURY DEMAND against IMCLONE SYSTEMS, INCORPORATED , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ck) (Entered: 12/21/2004)

Dec. 15, 2004

Dec. 15, 2004

Summons Issued as to IMCLONE SYSTEMS, INCORPORATED. Days Due - 20. (MAILED TO COUNSEL) (ck) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

4

SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. IMCLONE SYSTEMS, INCORPORATED served on 1/12/2005, answer due 2/1/2005. (nr, ) (Entered: 02/03/2005)

Jan. 31, 2005

Jan. 31, 2005

2

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES ANSWER to Complaint by IMCLONE SYSTEMS, INCORPORATED.(JENNINGS, YVETTE) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

3

STATEMENT by IMCLONE SYSTEMS, INCORPORATED. (JENNINGS, YVETTE) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

5

NOTICE of Appearance by EDWARD CERASIA, II on behalf of IMCLONE SYSTEMS, INCORPORATED (CERASIA, EDWARD) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

6

NOTICE of Hearing: Initial Conference set for 3/10/2005 10:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (dg, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

Minute Entry for proceedings held before Judge John J. Hughes : Scheduling Conference held on 3/10/2005. (dg, ) (Entered: 03/22/2005)

March 10, 2005

March 10, 2005

NOTICE of Hearing: The Settlement Conference of 4/13/05 has been adjourned (due to the demands of the Court's calendar) to 4/14/2005 @11:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (dg, ) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

7

Proposed Pretrial Order for Settlement Conference by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (O'BOYLE, JUDITH) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

CLERK'S OFFICE QUALITY CONTROL MESSAGE - Document 7 Proposed Pretrial Order submitted by JUDITH O'BOYLE, ESQ. on behalf of Equal Employment Opportunity Commission on 3/18/05 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice. NOTE: Attorneys are not allowed to do an electronic signature of any Judge in this District. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (ck ) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

8

ORDER DISMISSING CASE as settled Signed by Judge Garrett E. Brown, Jr. on 4/11/2005. (ss, ) (Entered: 04/14/2005)

April 11, 2005

April 11, 2005

9

CONSENT DECREE Signed by Judge Garrett E. Brown, Jr. on 5/25/2005. (ss, ) (Entered: 05/26/2005)

May 25, 2005

May 25, 2005

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 15, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a black employee

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

Imclone Systems, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: $85,000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Training

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits