Case: EEOC v. A & R Truss Company

1:05-cv-00547 | U.S. District Court for the Western District of Michigan

Filed Date: Aug. 15, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to racially offensive epithets and had met the employee's complaints with threats and intimidation, the EEOC sought monetary and injunctive relief, including compensation for emotional harm and punitive dam…

On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to racially offensive epithets and had met the employee's complaints with threats and intimidation, the EEOC sought monetary and injunctive relief, including compensation for emotional harm and punitive damages.

The parties consented to have the case handled by a magistrate judge on December 7, 2005.

The parties reached a settlement agreement, which the Court (Magistrate Judge Joseph G. Scoville) entered as a consent decree on March 2, 2006. The one-year decree provided monetary and injuctive relief. The employee was paid $25,000. The decree required A & R Truss to comply with Title VII's prohibition of racial harassment and retaliation. A & R Truss further agreed to develop a Title VII-compliant harassment policy, post an equal employment rights notice, to provide all new employees with the employee handbook containing the new harassment policy, and to train all current and new managers on Title VII, racial harassment, and how to respond to an incident. The parties bore their own costs and attorneys' fees. No further court activity appears on the docket, and the case is now closed.

Summary Authors

Kenneth Gray (7/17/2013)

People

Judge(s)
Attorney for Plaintiff

Dawkins, Robert (Michigan)

Drieband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Attorney for Defendant

Mishkind, Charles S (Michigan)

Olson, Bruce D (Michigan)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:05-cv-00547

Docket (PACER)

March 2, 2006

March 2, 2006

Docket
1

1:05-cv-00547

Complaint

Aug. 15, 2005

Aug. 15, 2005

Complaint
24-1

1:05-cv-00547

Consent Decree

Feb. 27, 2006

Feb. 27, 2006

Settlement Agreement

Docket

Last updated March 25, 2025, 8:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Trial Demand against A & R Truss Company filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet) (acr, ) (Entered: 08/18/2005)

Aug. 15, 2005

Aug. 15, 2005

SUMMONS ISSUED as to A & R Truss Company (acr, ) (Entered: 08/18/2005)

Aug. 15, 2005

Aug. 15, 2005

2

ANSWER to complaint by A & R Truss Company (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

3

AFFIRMATIVE DEFENSES by defendant A & R Truss Company re 2 (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

4

DEMAND for TRIAL BY JURY by defendant A & R Truss Company (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

5

PROOF OF SERVICE by defendant A & R Truss Company re 2, 3, 4 and for Initial Interrogatories to Plaintiff, Notice to Produce Documents to Plaintiff, Notice of Taking Deposition of Theodore Kilgore via first-class mail on 9/12/05 (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

6

CLERK'S LETTER to attorney Richard P. Smith regarding e-filing requirement and paper filing 2, 3, 4, 5 (bd, ) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

7

ORDER setting Rule 16 scheduling conference for 10/5/2005 at 10:00 AM before Magistrate Judge Ellen S. Carmody; status report due by 9/30/2005 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

Copy of Order Setting Rule 16 Scheduling Conference 7 sent via U.S. Mail to Richard P.Smith (bd, ) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

8

STIPULATION Joint Stipulation Regarding Substitution Of Counsel by defendant A & R Truss Company (Mishkind, Charles) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

9

ATTORNEY APPEARANCE of Charles S. Mishkind on behalf of defendant A & R Truss Company (Mishkind, Charles) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

10

PROOF OF SERVICE by defendant A & R Truss Company (Mishkind, Charles) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

Copy of Order on Stipulation 11 sent via U.S. Mail to Richard P. Smith (bd, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

12

ADMINISTRATIVE ORDER No. 05-116 that this case is reassigned to Chief Judge Robert Holmes Bell for all further proceedings; Senior Judge Richard Alan Enslen to be assigned another case pursuant to approved procedure ; signed by Chief Judge Robert Holmes Bell (acr, ) (Entered: 09/30/2005)

Sept. 29, 2005

Sept. 29, 2005

13

NOTICE rescheduling hearing that was previously set for 10/5/05: Rule 16 scheduling conference is set for 10/19/2005 at 11:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; (Chief Judge Robert Holmes Bell, sdb) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

14

NOTICE rescheduling hearing that was previously set for 10/19/05; Rule 16 scheduling conference is rescheduled for 10/25/2005 at 2:00 p.m. before Magistrate Judge Joseph G. Scoville by telephone; plf's counsel shall initiate the conference call; (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

15

ATTORNEY APPEARANCE of Omar Weaver on behalf of plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

16

JOINT STATUS REPORT submitted for filing by defendant A & R Truss Company Joint Rule 16 Status Report (Mishkind, Charles) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

17

NOTICE: The telephone Rule 16 scheduling conference set for 10/25/2005 at 2:00 PM is now before Chief Judge Robert Holmes Bell; (Chief Judge Robert Holmes Bell, sdb) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

18

MINUTES of Rule 16 scheduling conference by telephone held before Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, sdb) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

19

CASE MANAGEMENT ORDER: jury trial set for 11/27/2006 at 9:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; final pretrial conference set for 11/9/2006 at 10:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

20

NOTICE Consent, and Order Of Reference - Exercise Of Jurisdiction By A United States Magistrate Judge by defendant A & R Truss Company (Mishkind, Charles) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

PROPOSED STIPULATION and ORDER re 20 (taken from document 20) by plaintiff Equal Employment Opportunity Commission, defendant A & R Truss Company (gjf, ) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

21

AMENDED ANSWER to complaint 2 And Notice Of Additional Defenses filed by defendant A & R Truss Company (Mishkind, Charles) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

23

CONSENT of all parties to jurisdiction by US Magistrate Judge; case reassigned to Magistrate Judge Joseph G. Scoville ; signed by Chief Judge Robert Holmes Bell (mrs, ) (Entered: 12/09/2005)

Dec. 7, 2005

Dec. 7, 2005

24

PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission (Attachments:, # 1 Attachment A - Notice) (mrs, ) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

25

CONSENT DECREE 24; signed by Magistrate Judge Joseph G. Scoville (Attachments: # 1 Attachment A - Notice) (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2005

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

A & R Truss Co., Private Entity/Person

Case Details

Causes of Action:

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

Available 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

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Amount Defendant Pays: $25,000

Order Duration: 2006 - 2007

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits