Filed Date: June 27, 2003
Closed Date: Oct. 25, 2007
Clearinghouse coding complete
EEOC's Memphis, Tennessee office filed this racial discrimination lawsuit against the defendant, Thyssenkrupp Elevator Manufacturing, Inc. in the United States District Court for the Western District of Tennessee on 06/27/2003. Thyssenkrupp manufactures, installs and repairs elevators throughout the United States. EEOC alleged on behalf of a class of Black complainants that Thyssenkrupp harassed, wrongfully discharged, failed to promote and failed to hire Black employees or job applicants because of their race at its Middleton, Tennessee facility. It was also alleged that only Black employees were discharged during their probationary period for performance (as opposed to conduct or attendance) reasons.
The complainants did not intervene in the suit. The parties reached a settlement before the court decided on Thyssenkrupp's motion for summary judgment and the suit was resolved by a two-year consent decree.
The consent decree provided $175,000 in lump sum to the class of complainants without specifying the amount for each individual. Thyssenkrupp would also expunge the record of this litigation from the individuals' personnel files and provide neutral reference for them in the future. Under the decree, Thyssenkrupp was enjoined from discriminating, harassing, and retaliating against any Black employee or job applicant. It was required to provide training to all supervisory and management personnel at its Middleton, TN facility. It was required to distribute and post for one year its EEO policy. The decree provided that Thyssenkrupp hire a list of Black individuals specified by the EEOC. It was also required that Thyssenkrupp make a good-faith effort to offer employment to qualified Black individuals previously denied employment and still wishing to be hired. Additionally, Thyssenkrupp must place advertisements of job openings in designated media and ensure that its pre-employment tests do not adversely affect minority applicants.
The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.
Summary Authors
Justin Kanter (6/9/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4637200/parties/eeoc-v-thyssenkrupp-elev/
See docket on RECAP: https://www.courtlistener.com/docket/4637200/eeoc-v-thyssenkrupp-elev/
Last updated May 20, 2022, 12:29 a.m.
State / Territory: Tennessee
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 27, 2003
Closing Date: Oct. 25, 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Thyssenkrupp Elevator Manufacturing, Inc. (Middleton, TN), Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Availably 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
Amount Defendant Pays: 175000
Order Duration: 2005 - 2007
Content of Injunction:
Expungement of Employment Record
Utilize objective hiring/promotion criteria
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Comply with advertising/recruiting requirements
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis:
Race:
EEOC-centric: