Case: EEOC v. Thyssenkrupp Elevator Manufacturing

1:03-cv-01160 | U.S. District Court for the Western District of Tennessee

Filed Date: June 27, 2003

Closed Date: Oct. 25, 2007

Clearinghouse coding complete

Case Summary

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 bec…

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)

Documents in the Clearinghouse

Document

1:03-cv-01160

Docket (PACER)

EEOC v. THYSSENKRUPP ELEVATOR MANUFACTURING, INC.

Oct. 25, 2005

Oct. 25, 2005

Docket
36

1:03-cv-01160

Consent Decree

EEOC v. THYSSENKRUPP ELEVATOR MANUFACTURING, INC.

Oct. 25, 2005

Oct. 25, 2005

Settlement Agreement

1:03-cv-01160

EEOC Litigation Settlement Report 2005

EEOC v. THYSSENKRUPP ELEVATOR MANUFACTURING, INC.

No Court

Oct. 25, 2005

Oct. 25, 2005

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4637200/eeoc-v-thyssenkrupp-elev/

Last updated Aug. 1, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - CJT (GN) (Entered: 07/01/2003)

June 27, 2003

June 27, 2003

24

ORDER granting 23 Dft's Unopposed MOTION to Amend Rule 16(b) Scheduling Order re 21 -Extending deadline for completeing discovery from 5/2/05 until 5/23/05. Signed by Judge S. Thomas Anderson. (cdi, )

April 22, 2005

April 22, 2005

RECAP
2

NOTICE OF FILING OF disclosure statment by defendant Thyssenkrupp Elev - CJT (EJC) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

28

ORDER granting 27 Joint MOTION for Leave to Modify Rule 16 (b) Scheduling Order for Purposes of Extending Dft's Deadline to File Motion to Compel Discovery-Pla shall be required to supplement its responses to Dft's Requests for Productions on or before 7/20/2005; Dft will have until 7/25/05 to file a Motion to Compel, if any. Signed by Judge S. Thomas Anderson. (cdi, )

July 8, 2005

July 8, 2005

RECAP
3

ANSWER by defendant Thyssenkrupp Elev to [1-1] - CJT (EJC) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

4

SETTING LETTER ; scheduling conference set for 1:30 11/6/03, Rm 218 Ed Jones Fed Bldg, Jackson before MagJAllen (BPH) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

6

PROPOSED order for special admission of Pamela B. Dixon submitted by plaintiff EEOC - OJT (EJC) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

7

ORDER FOR SPECIAL ADMISSION OF PAMELA B. DIXON by Chief Judge James D. Todd granting motion for special admission for Pamela B. Dixon to participate in a particular case [5-1] (cc: all counsel) (EJC) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

8

RULE 16 (b) SCHEDULING ORDER Mag Judge James H. Allen ; motion filing deadline set for 3/15/05 ; discovery deadline set 11/17/03 for rule 26 initial disclosures; plf's rule 26 experts 9/15/04, dft's 10/15/04, supplementation under rule 26(e) 11/5/04, depositions of experts 11/30/04; document production and depositions 2/1/05, final list of wit and exh for plf 6/15/05, dft 7/1/05; proposed pretrial order to be entered on 7/29/05 ; jury trial set for 8/8/05 at 9:30 ; deadline for joining parties set for plf 2/16/04, dft 3/15/04 ; deadline for amending pleadings set for plf 2/16/04, dft 3/15/04 (cc: all counsel) (EJC) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

9

ORDER SETTING CASE FOR TRIAL by Chief Judge James D. Todd jury trial 9:30 08/08/05, jpto due 07/29/05 (cc: all counsel)CJT, Ct Reporter, Case Mgr, Jury Deputy, SP (BPH) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

10

Defendant's MOTION for separate trials of the liability issues and the damages issues by Thyssenkrupp Elevator Manufacturing, Inc.. (ejc, ) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

11

MEMORANDUM in Support re [10] MOTION for separate trials of the liability issues and the damages issues filed by Thyssenkrupp Elevator Manufacturing, Inc.. (ejc, ) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

12

MOTION to Bifurcate the issues liability and individual relief during the trial of this case by Equal Employment Opportunity Commission. (ejc, ) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

13

MEMORANDUM in Support re [12] MOTION to Bifurcate the issues of liability and individual relief for trial filed by Equal Employment Opportunity Commission. (ejc, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

14

ORDER granting [12] parties Motion to Bifurcate . Signed by Judge James D. Todd. (ejc, ) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

15

Plaintiff's unopposed MOTION to for modification of Rule 16(B) scheduling order by Equal Employment Opportunity Commission. (ejc, ) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

16

MEMORANDUM in Support re [15] MOTION for modification of Rule 16(B) scheduling order filed by Equal Employment Opportunity Commission. (ejc, ) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

17

Certificate of consultation regarding Plaintiff's motion for modification of Rule 16(B) scheduling order by Equal Employment Opportunity Commission. (ejc, ) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

18

ORDER granting [15] Motion to Amend/Correct Rule 16(b) Scheduling Order - Modified as follows: Pla expert diclosure: 11/30/04; deft expert disclosure: 01/15/05; supplmentation under Rule 26(e) 01/01/05; deposing experts: 01/01/05. Signed by Judge S. Thomas Anderson. (skp, ) (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

19

JOINT MOTION FOR LEAVE TO MODIFY RULE 16(b) SCHEDULING ORDER FOR PURPOSES OF EXTENDING TRIAL DEADLINES AND TRIAL by Equal Employment Opportunity Commission, Thyssenkrupp Elevator Manufacturing, Inc. (ejc, ) (Entered: 11/10/2004)

Nov. 8, 2004

Nov. 8, 2004

20

MEMORANDUM in Support re [19] JOINT MOTION FOR LEAVE TO MODIFY SCHEDULING ORDER FOR PURPOSES OF EXTENDING TRIAL DEADLINES AND TRIAL filed by Equal Employment Opportunity Commission, Thyssenkrupp Elevator Manufacturing, Inc.. (ejc, ) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

21

AMENDED RULE 16(b) SCHEDULING ORDER: Expert Disclosure for Plf's 2/28/05; Dft's experts 3/28/05, supplemental unde rule 26(e) 4/18/05. Deposition of experts 5/2/05, discovery deadlines 5/2/05, filing dispositive motions 6/20/05; final list of witnesses and exhibits for plf 9/19/05; dft 10/3/05. Proposed Pretrial Order due by 10/28/2005. Jury trial set for Monday, 11/7/05 at 9:30 a.m. Signed by Judge S. Thomas Anderson. (ejc, ) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

22

SETTING LETTER: Jury Trial reset for 11/7/2005 09:30 AM in Courtroom 432 - Jackson before Judge James D. Todd. JPTO due 10/28/05.(bph, ) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

23

Dft's Unopposed MOTION to Amend Rule 16(b) Scheduling Order re21, by Thyssenkrupp Elevator Manufacturing, Inc..CJT, CJAn w/p/o (cdi, ) (Entered: 04/25/2005)

April 21, 2005

April 21, 2005

25

Dft's MOTION for Summary Judgment by Thyssenkrupp Elevator Manufacturing, Inc.. CJT, CJAn (cdi, ) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

26

MEMORANDUM of Facts and Law in Support re [25] Dft's MOTION for Summary Judgment filed by Thyssenkrupp Elevator Manufacturing, Inc..CJT, CJAn (cdi, ) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

27

Joint MOTION for Leave to Modify Rule 16 (b) Scheduling Order for Purposes of Extending Dft's Deadline to File Motion to Compel Discovery by Thyssenkrupp Elevator Manufacturing, Inc.. CJT, CJAn w/p/o (cdi, ) (Entered: 07/07/2005)

July 6, 2005

July 6, 2005

29

MOTION to Compel - to produce documents - by Thyssenkrupp Elevator Manufacturing, Inc.. (skp, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

30

MEMORANDUM in Support re [29] MOTION to Compel filed by Thyssenkrupp Elevator Manufacturing, Inc.. (skp, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

31

Equal Employment Opportunity Commission's RESPONSE to Dft's Undisputed Facts in Support of its re [25] MOTION for Summary Judgment filed by Equal Employment Opportunity Commission.CJT, CJAn (cdi, ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

32

Equal Employment Opportunity Commission's RESPONSE and MEMORANDUM of Law in Opposition to Dft's re [25] MOTION for Summary Judgment filed by Equal Employment Opportunity Commission.CJT, CJAn (cdi, ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

33

Equal Employment Opportunity Commission's RESPONSE to Dft's re [29] MOTION to Compel filed by Equal Employment Opportunity Commission.CJT, CJAn (cdi, ) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

34

Request (MOTION) For Permission To File Reply Memorandum by Thyssenkrupp Elevator Manufacturing, Inc..CJAn w/p/ Original Response and 2 copies, CJT (cdi, ) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

35

NOTICE of Settlement by Equal Employment Opportunity Commission. Consent Decree will be forwarded to court after signatures are obtained. (fax copy-Hard copy to follow in mail)CJT, CJAn (cdi, ) (Entered: 09/13/2005)

Sept. 12, 2005

Sept. 12, 2005

36

CONSENT DECREE. Signed by Judge James D. Todd. (cdi, )

Oct. 25, 2005

Oct. 25, 2005

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

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):

EEOC Plaintiff

Attorney Organizations:

EEOC

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:

Trial Court Docket

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: 175000

Order Duration: 2005 - 2007

Content of Injunction:

Neutral/Positive Reference

Hire

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

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

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits