Case: EEOC v. Foster Wheeler Constructors and Pipefitters Association Local Union 597

1:98-cv-01601 | U.S. District Court for the Northern District of Illinois

Filed Date: March 17, 1998

Closed Date: Sept. 20, 2004

Clearinghouse coding complete

Case Summary

This case is about workplace racial and sexual harassment. In March 1998, the Equal Employment Opportunity Commission (EEOC) brought this suit in U.S. District Court for the Northern District of Illinois. They sued Foster Wheeler Constructors, Inc. (FWCI) and Local Union 597 Pipefitters Association (the Union) under 28 U.S.C. § 1331. The EEOC alleged that construction workers were subjected to racial and sexual harassment in violation of Title VII of the Civil Rights Act. The harassment include…

This case is about workplace racial and sexual harassment. In March 1998, the Equal Employment Opportunity Commission (EEOC) brought this suit in U.S. District Court for the Northern District of Illinois. They sued Foster Wheeler Constructors, Inc. (FWCI) and Local Union 597 Pipefitters Association (the Union) under 28 U.S.C. § 1331. The EEOC alleged that construction workers were subjected to racial and sexual harassment in violation of Title VII of the Civil Rights Act. The harassment included widespread racist and sexist graffiti in portable toilets at work sites, which the EEOC alleged created a hostile work environment for women and black workers at the job sites. They sought injunctive relief and compensatory and punitive damages.

On May 5, 1998 an individual plaintiff likewise brought suit, Ferguson v. Pipefitters Ass'n, No. 1:98-cv-03217, against the Union alleging racial harassment, and, as his claims were substantially the same as the EEOC’s, his case was subsequently consolidated with this case on July 17, 1998. Additionally, on June 17, 1998, that same individual plaintiff’s motion to intervene was granted against both defendants, the Union and the FWCI.

On July 6, 1999, Judge David H. Coar granted summary judgment for certain corporate entities related to FWCI and terminated them as parties in this suit. However, on July 12, 1999, Judge Coar denied FWCI's motion for summary judgment. Subsequently, FWCI settled with the plaintiffs on January 6, 2000. The Consent Decree awarded $1.325 million to be paid to approximately 100 former black and/or female employees, and the FWCI further agreed to implement equal opportunity training for its employees.

The Union pressed on with its case, and on September 13-20, 1999, a bench trial was held. In March 2002, Judge Coar entered judgment for the plaintiffs, and held that the Union's failure to implement any policy against racial harassment warranted punitive damages and injunctive relief. Judge Coar awarded compensatory damages to the EEOC on behalf of eight black workers totaling $105,000, punitive damages of $50,000, and an injunction against "permitting a hostile work environment based on race to exist for its members at any job site." 2002 WL 976618.

However, the Union appealed on April 26, 2002, and on July 1, 2003, the Seventh Circuit Court of Appeals reversed, holding that the Union did not have an affirmative duty to prevent racial harassment or other forms of unlawful discrimination in the workplace: “if [the Union] merely fails to effectuate changes in the workplace…the Union is not guilty of discrimination, though the company is.” 334 F.3d 656.

The plaintiffs petition for a rehearing en banc, which was denied on September 1, 2004. Judge Coar entered judgment for the Union on September 9, 2004. The case is now closed.

Summary Authors

Jason Chester (8/7/2008)

Madeline Buday (4/7/2021)

Related Cases

Ferguson v. Pipefitters Assn, Northern District of Illinois (1998)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4251375/parties/eeoc-v-foster-wheeler/


Judge(s)
Attorney for Plaintiff

Adams, Raechel L. (Illinois)

Anderson, Suzanne M (Illinois)

Backhaus, William C (Illinois)

Bannon, Jeffrey C (Illinois)

Bean, Julie Steptoe (Illinois)

Attorney for Defendant
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:98-cv-01601

Docket (PACER)

EEOC v. Foster Wheeler, et al

Sept. 20, 2004

Sept. 20, 2004

Docket
77

1:98-cv-01601

Memorandum Opinion and Order [RE: Motion to Dismiss]

EEOC v. Foster Wheeler Constructors, Inc.

Dec. 2, 1998

Dec. 2, 1998

Order/Opinion

1998 WL 1998

1:98-cv-01601

Memorandum Opinion and Order [Re: Summary Judgment]

EEOC v. Foster Wheeler Constructors, Inc

July 6, 1999

July 6, 1999

Order/Opinion

1999 WL 1999

1:98-cv-01601

Memorandum Opinion and Order [Re: Summary Judgment]

EEOC v. Foster Wheeler Constructors, Inc.

July 6, 1999

July 6, 1999

Order/Opinion

1999 WL 1999

1:98-cv-01601

Memorandum Opinion and Order [Re: Summary Judgment]

EEOC and Ferguson v. Foster Wheeler Constructors, Inc, et al

July 12, 1999

July 12, 1999

Order/Opinion

1999 WL 1999

1:98-cv-01601

Memorandum Opinion and Order [Re: Summary Judgment]

EEOC and Ferguson v. Foster Wheeler Constructors, Inc, et al

July 12, 1999

July 12, 1999

Order/Opinion

1999 WL 1999

195

1:98-cv-01601

Memorandum Opinion and Order [Re: Motion to Limit Claims]

EEOC v. Foster Wheeler Constructors, Inc

July 13, 1999

July 13, 1999

Order/Opinion

1999 WL 1999

1:98-cv-01601

Memorandum Opinion and Order [Re: Summary Judgment]

EEOC v. Foster Wheeler Constructors, Inc.

July 14, 1999

July 14, 1999

Order/Opinion

1999 WL 1999

1:98-cv-01601

$1.3 Million Settlement in EEOC Racial and Sexual Harassment Suit Against Foster Wheeler Constructors

EEOC v. Foster Wheeler Constructors, Inc.

No Court

Jan. 6, 2000

Jan. 6, 2000

Press Release
249

1:98-cv-01601

Consent Decree

EEOC v. Foster Wheeler Constructors, Inc

Jan. 12, 2000

Jan. 12, 2000

Settlement Agreement

2000 WL 2000

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251375/eeoc-v-foster-wheeler/

Last updated March 20, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Jean Powers Kamp, Gregory M. Gochanour as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (vmj) (Entered: 03/19/1998)

March 17, 1998

March 17, 1998

PACER
2

ATTORNEY APPEARANCE for defendant Foster Wheeler by Roger L. Taylor, Roya Behnia, Angela Frances Milella. (vmj) (Entered: 03/30/1998)

March 27, 1998

March 27, 1998

PACER
3

WAIVER of service of summons as to defendant Foster Wheeler sent on 3/18/98. (vmj) (Entered: 04/01/1998)

March 31, 1998

March 31, 1998

PACER
4

WAIVER of service of summons as to defendant Local Union 597 Pipefitters Assn sent on 3/18/98. (vmj) (Entered: 04/01/1998)

March 31, 1998

March 31, 1998

PACER
5

MINUTE ORDER of 5/12/98 by Hon. David H. Coar: Rule 16(b) scheduling conference set for 6/19/98 at 3:30 p.m., in chambers. The court hereby opts into Rule 26(a)(1) for purposes of this case. Proposed discovery plan pursuant to Rule 26(f) and proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (See reverse side of order. See attached forms for report of planning conference and proposed scheduling order.) Mailed notice (vmj) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

PACER
6

MOTION by defendant Local Union 597 Pipefitters Assn for an extension of time to answer or otherwise plead to complaint ; Notice of motion. (vmj) (Entered: 05/15/1998)

May 12, 1998

May 12, 1998

PACER
7

MINUTE ORDER of 5/14/98 by Hon. David H. Coar: Defendant Pipe Fitters' motion for an extension of time to answer or otherwise plead to complaint is granted [6-1]. Answer or plead on or before 5/22/98. Mailed notice (vmj) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

PACER
8

RULE 12(M) statement of undisputed material facts by defendant Foster Wheeler (Attachments). (vmj) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

PACER
9

MOTION by Foster Wheeler for partial summary judgment ; Notice of motion. (vmj) (Entered: 05/21/1998)

May 18, 1998

May 18, 1998

PACER
10

MEMORANDUM by Foster Wheeler in support of its motion for partial summary judgment [9-1]. (vmj) (Entered: 05/21/1998)

May 18, 1998

May 18, 1998

PACER
11

MOTION by Foster Wheeler to dismiss complaint for failure to state a claim ; Notice of motion. (vmj) (Entered: 05/21/1998)

May 18, 1998

May 18, 1998

PACER
12

MEMORANDUM by Foster Wheeler in support of its motion to dismiss [11-1]. (vmj) (Entered: 05/21/1998)

May 18, 1998

May 18, 1998

PACER
13

MINUTE ORDER of 5/20/98 by Hon. David H. Coar: Defendant Foster Wheeler's motion for partial summary judgment is denied without prejudice [9-1]. No notice (vmj) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

PACER
14

MINUTE ORDER of 5/20/98 by Hon. David H. Coar: Answer brief to defendant Foster Wheeler's motion to dismiss complaint for failure to state a claim [11-1] due 6/12/98. Reply to answer brief due 6/26/98. Motion to dismiss [11-1] is taken under advisement - ruling to issue by mail. Mailed notice (vmj) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

PACER
15

ATTORNEY APPEARANCE for defendant Local Union 597 Pipefitters Assn by Charles Francis Regan Jr., Thomas Michael Durkin. (vmj) (Entered: 05/27/1998)

May 22, 1998

May 22, 1998

PACER
16

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss complaint ; Notice of filing. (vmj) (Entered: 05/27/1998)

May 22, 1998

May 22, 1998

PACER
17

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of motion to dismiss complaint [16-1] (Attachments). (vmj) (Entered: 05/27/1998)

May 22, 1998

May 22, 1998

PACER
20

MOTION by EEOC for leave to file first amended complaint (Attachments); Notice of motion. (vmj) (Entered: 06/16/1998)

June 5, 1998

June 5, 1998

PACER
18

REPORT of Rule 26(f) planning conference by parties'. (vmj) (Entered: 06/12/1998)

June 9, 1998

June 9, 1998

PACER
19

PROPOSED scheduling order by parties'. (vmj) (Entered: 06/12/1998)

June 9, 1998

June 9, 1998

PACER
25

MOTION by James M Ferguson to intervene ; Notice of motion. (vmj) (Entered: 06/19/1998)

June 12, 1998

June 12, 1998

PACER
21

TRANSCRIPT of proceedings for the following date(s): 5/20/98 Before Honorable Judge Coar. (vmj) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

PACER
22

ADDITIONAL ATTORNEY APPEARANCE for plaintiff by Diane Ilene Smason; Notice of filing. (vmj) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

PACER
23

MINUTE ORDER of 6/15/98 by Hon. David H. Coar: Plaintiff's motion for leave to file first amended complaint is granted [20-1]. Defendants to answer or plead to amended complaint by 7/10/98. Defendants motions to dismiss [11-1] and [16-1] are both moot and terminated. Mailed notice (vmj) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

PACER
24

FIRST AMENDED COMPLAINT [1-1] by plaintiff; jury demand. (vmj) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

PACER
26

MINUTE ORDER of 6/17/98 by Hon. David H. Coar: Motion of James M. Ferguson to intervene is granted [25-1]. Leave granted James M. Ferguson to file an intervening complaint instanter. Defendants to file a response to the intervening complaint on or before 7/15/98. No notice (vmj) (Entered: 06/19/1998)

June 17, 1998

June 17, 1998

PACER
27

INTERVENOR'S COMPLAINT by James M Ferguson (Exhibits). (vmj) (Entered: 06/19/1998)

June 17, 1998

June 17, 1998

PACER
28

MOTION by plaintiff for reassignment based on relatedness ; Notice of motion (meg) (Entered: 07/15/1998)

July 7, 1998

July 7, 1998

PACER
29

ANSWER to first amended complaint by defendant Foster Wheeler; jury demand (meg) (Entered: 07/15/1998)

July 10, 1998

July 10, 1998

PACER
34

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss the amended complaint ; Notice of filing (hp) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
35

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss the amended complaint [34-1] (Exhibits) (hp) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
30

MINUTE ORDER of 7/13/98 by Hon. David H. Coar : Plaintiff-Intervenor Ferguson's Motion for reassignment based on relatedness is granted [28-1]. This Court finds that case 98 C 3217 pending before Judge Charles P. Kocoras is related to 98 C 1601, and will request reassignment of 98 C 3217 to this Court's calendar. No notice (meg) (Entered: 07/15/1998)

July 13, 1998

July 13, 1998

PACER
36

MINUTE ORDER of 7/14/98 by Hon. David H. Coar : Defendant Local 597's motion to dismiss the amended complaint [34-1] is entered and continued to 07/17/98 at 2:30 p.m. with the Rule 16(b) scheduling conference. Mailed notice (hp) (Entered: 07/16/1998)

July 14, 1998

July 14, 1998

PACER
31

ANSWER to complaint in intervention by defendant Local Union 597 Pipefitters Assn (fce) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

PACER
38

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss Counts I and III of the plaintiff-intervenor's complaint ; Notice of filing. (vmj) (Entered: 07/24/1998)

July 15, 1998

July 15, 1998

PACER
32

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss counts I and III of the plaintiff-intervenor's complaint (Attachments). (fce) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

PACER
33

ANSWER to plaintiff's complaint in intervention by defendant Foster Wheeler; jury demand (fce) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

PACER
37

INITIAL disclosure statement pursuant to FRCP 26(a)(1) by defendant Foster Wheeler. (vmj) (Entered: 07/20/1998)

July 17, 1998

July 17, 1998

PACER
39

MINUTE ORDER of 7/17/98 by Hon. Charles P. Kocoras : Hearing on motion to dismiss Counts I and III of the plaintiff-intervenor's complaint [38-1] set for 9:30 7/24/98 No notice (vmj) (Entered: 07/24/1998)

July 17, 1998

July 17, 1998

PACER
40

AMENDED COMPLAINT in intervention [27-1] by plaintiff (Exhibits); Notice of filing. (vmj) (Entered: 07/27/1998)

July 21, 1998

July 21, 1998

PACER
41

MOTION by EEOC for leave to file second amended complaint ; Notice of motion. (vmj) (Entered: 07/28/1998)

July 21, 1998

July 21, 1998

PACER
42

MINUTE ORDER of 7/24/98 by Hon. David H. Coar: Plaintiff's motion for leave to file second amended complaint is granted [41-1]. Defendant Local 597's motion to dismiss the amended complaint [34-1] is moot and terminated. Defendant Local 597's motion to dismiss Counts I and II of the plaintiff-intervenor's complaint [38-1] is moot and terminated. Defendants are given leave to file new motions to dismiss by 8/7/98. Answers to motions to dismiss due by 8/28/98; replies to motions to dismiss due by 9/18/98. Motions will be continued to 10/27/98 at 9:30 a.m. for status or ruling. Mailed notice (vmj) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

PACER
43

SECOND AMENDED COMPLAINT by plaintiff; jury demand. (vmj) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

PACER
44

ANSWER to plaintiff-intervenor's amended complaint by defendant Local Union 597 Pipefitters Assn. (vmj) (Entered: 08/11/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
45

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss Counts I and III of the plaintiff-intervenor's amended complaint ; Notice of filing. (vmj) (Entered: 08/11/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
46

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss Counts I and III of the plaintiff-intervenor's amended complaint [45-1] (Attachments). (vmj) (Entered: 08/11/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
47

ANSWER by Foster Wheeler to James Ferguson's amended complaint in intervention; jury demand. (vmj) (Entered: 08/11/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
48

MOTION by defendant Foster Wheeler to dismiss Count III of James Ferguson's amended complaint in intervention . (vmj) (Entered: 08/11/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
49

MEMORANDUM by defendant Foster Wheeler in support of motion to dismiss Count III of James Ferguson's amended complaint in intervention [48-1] (Attachments). (vmj) (Entered: 08/11/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
50

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss the EEOC's second amended complaint ; Notice of filing. (vmj) (Entered: 08/31/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
51

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss the EEOC's second amended complaint [50-1] (Attachments). (vmj) (Entered: 08/31/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
52

MEMORANDUM OF LAW IN RESPONSE by plaintiff EEOC to defendant Local 597's motion to dismiss the EEOC's second amended complaint [50-1] (Exhibit); Notice of filing. (vmj) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

PACER
53

REPLY by defendant Foster Wheeler in support of its motion to dismiss Count III of James Ferguson's amended complaint in intervention [48-1]. (vmj) (Entered: 09/21/1998)

Sept. 18, 1998

Sept. 18, 1998

PACER
54

REPLY memorandum by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss the EEOC's second amended complaint [50-1] (Attachments). (vmj) (Entered: 09/22/1998)

Sept. 18, 1998

Sept. 18, 1998

PACER
55

NOTICE by plaintiff of change of address; Notice of filing. (vmj) (Entered: 10/21/1998)

Oct. 16, 1998

Oct. 16, 1998

PACER
56

MOTION by defendant Foster Wheeler to compel the EEOC to identify persons with knowledge of discoverable facts, with Rule 12K certificate of compliance (Attachments); Notice of motion. (vmj) (Entered: 10/26/1998)

Oct. 21, 1998

Oct. 21, 1998

PACER
57

RESPONSE by plaintiff to motion to compel the EEOC to identify persons with knowledge of discoverable facts, with Rule 12K certificate of compliance [56-1] (Exhibits); Notice of filing. (vmj) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

PACER
58

MINUTE ORDER of 10/23/98 by Hon. David H. Coar: Defendant Foster Wheeler's motion to compel is entered and continued to 10/27/98 at 9:30 a.m. Telephoned notice (vmj) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

PACER
59

AGREED MOTION by Foster Wheeler for protective order and stipulation governing confidentiality of discovery materials ; Notice of motion. (tlm) (Entered: 10/28/1998)

Oct. 23, 1998

Oct. 23, 1998

PACER
60

PROTECTIVE ORDER and stipulation governing confidentiality of discovery materials (Exhibit). [59-1] (tlm) (Entered: 10/28/1998)

Oct. 27, 1998

Oct. 27, 1998

PACER
61

MINUTE ORDER of 10/27/98 by Hon. David H. Coar : Agreed motion for protective order and stipulation governing confidentiality of discovery materials is granted. [59-1] Enter Agreed Protective Order. Defendant's motion to compel the EEOC to identify persons, and [56-1] the defendants' motions to dismiss are both continued to 9:30 a.m. on 12/2/98. [48-1] [50-1] [45-1] Mailed notice (tlm) (Entered: 10/28/1998)

Oct. 27, 1998

Oct. 27, 1998

PACER
64

MOTION by EEOC to compel Foster Wheeler to produce current managers for deposition (Exhibit); Notice of motion. (vmj) (Entered: 11/09/1998)

Oct. 30, 1998

Oct. 30, 1998

PACER
65

MEMORANDUM by EEOC in support of motion to compel Foster Wheeler to produce current managers for deposition [64-1] (Exhibits). (vmj) (Entered: 11/09/1998)

Oct. 30, 1998

Oct. 30, 1998

PACER
66

MOTION by EEOC to compel Foster Wheeler to provide complete answers to interrogatory Nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 (Exhibits); Notice of motion. (vmj) (Entered: 11/09/1998)

Oct. 30, 1998

Oct. 30, 1998

PACER
62

RESPONSE by defendant Foster Wheeler to EEOC's motion to compel Foster Wheeler to produce out-of state employees in Chicago for depositions [56-1] (Exhibits); Notice of filing (hp) (Entered: 11/05/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
63

RESPONSE by defendant Foster Wheeler to EEOC's motion to compel Foster Wheeler to supplement interrogatory nos. 2(d), 2(e), 2(f), 3, 8(b), 9 & 11; Notice of filing (hp) (Entered: 11/05/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
67

MINUTE ORDER of 11/4/98 by Hon. David H. Coar: Plaintiff's motion to compel Foster Wheeler to produce witnesses for deposition and memorandum in support of EEOC's motion to compel Foster Wheeler to produce current managers for deposition and all discovery disputes to be referred to the Magistrate Judge. Motion of the defendant to compel the EEOC to identify persons with knowledge [56-1] to be referred to the Magistrate Judge. The status date on the motion to compel by the defendants scheduled for 12/2/98 is stricken. Mailed notice (vmj) (Entered: 11/09/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
68

MINUTE ORDER of 11/4/98 by Hon. David H. Coar: Plaintiff's motion to compel Foster Wheeler to provide complete answers to interrogatory nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 and all discovery disputes to be referred to the Magistrate Judge. Mailed notice (vmj) (Entered: 11/09/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
69

REPLY memorandum by plaintiff in support of EEIC's motion to compel Foster Wheeler to provide complete answers to interrogatory Nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 [66-1]; Notice of filing. (vmj) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

PACER
70

REPLY memorandum by plaintiff in support of EEOC's motion to compel Foster Wheeler to produce current managers for deposition [64-1] (Exhibits); Notice of filing. (vmj) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

PACER
71

MINUTE ORDER of 11/9/98 by Hon. Morton Denlow: Plaintiff's motion to compel Foster Wheeler to provide complete answers to interrogatory Nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 is denied [66-1] as to interrogatory No. 2. Remainder of motion is withdrawn without prejudice for the reasons stated in open court. Plaintiff's motion to compel Foster Wheeler to produce witnesses for deposition is granted [64-1] and plaintiff shall pay the cost of transportation and one night hotel stay for each witness. No notice (vmj) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER
72

MINUTE ORDER of 11/9/98 by Hon. David H. Coar: Oral argument held. Defendant Foster Wheeler's motion to compel the EEOC to identify persons with knowledge of discoverable facts, with Rule 12K certificate of compliance is denied [56-1]. However, plaintiff EEOC shall disclose a list of 15 likely witnesses to defendant on or before Friday, 11/13/98. No notice (vmj) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER
73

REFERRAL ORDER of 11/9/98: The case is referred to the Hon. Morton Denlow pursuant to General Rule 2.41(b). (For further detail see order). Mailed notice (vmj) (Entered: 11/12/1998)

Nov. 10, 1998

Nov. 10, 1998

PACER
74

ADDITIONAL ATTORNEY APPEARANCE for defendant Foster Wheeler by William Allen Woolley. (vmj) (Entered: 11/12/1998)

Nov. 10, 1998

Nov. 10, 1998

PACER
75

MOTION by plaintiff to reinstate EEOC's motion to compel Foster Wheeler to provide complete information in response to interrogatory No. 3 (Exhibits); Notice of motion. (vmj) (Entered: 11/30/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
76

MINUTE ORDER of 11/23/98 by Hon. Morton Denlow: Plaintiff's motion to compel Foster Wheeler to provide complete information in response to interrogatory No. 3 is denied [75-1], subject to the filing of an affidavit by Foster Wheeler on or before 12/11/98. No notice (vmj) (Entered: 12/01/1998)

Nov. 23, 1998

Nov. 23, 1998

PACER
77

MEMORANDUM, OPINION, AND ORDER (lal) (Entered: 12/02/1998)

Nov. 30, 1998

Nov. 30, 1998

PACER
78

MINUTE ORDER of 11/30/98 by Hon. David H. Coar : For the reasons set forth in the attached Memorandum Opinion and Order, defendant Foster Wheeler's motion to dismiss Count III of James Ferguson's amended complaint in intervention is granted. [48-1] Defendant Local 597's motion to dismiss Counts I and III of Ferguson's amended complaint is denied as to Count I and granted as to Count III. [45-1] Defendant Local 597's motion to dismiss the EEOC's second amended complaint is denied. [50-1] Ruling date of 12/02/98 is stricken. Telephoned notice (lal) (Entered: 12/02/1998)

Nov. 30, 1998

Nov. 30, 1998

PACER
79

DECLARATION by Michael Woods; Notice of filing. (vmj) (Entered: 12/16/1998)

Dec. 11, 1998

Dec. 11, 1998

PACER
80

TRANSCRIPT of proceedings for the following date(s): 11/9/98 Before Honorable Magistrate Judge Denlow. (vmj) (Entered: 12/18/1998)

Dec. 17, 1998

Dec. 17, 1998

PACER
81

MOTION by plaintiff EEOC to amend scheduling order ; Notice of motion (hp) (Entered: 12/31/1998)

Dec. 23, 1998

Dec. 23, 1998

PACER
82

MOTION by plaintiff EEOC for leave to file third amended complaint ; Notice of motion (hp) (Entered: 12/31/1998)

Dec. 28, 1998

Dec. 28, 1998

PACER
83

THIRD AMENDED COMPLAINT [43-1] by plaintiff EEOC; jury demand; adding Foster Wheeler Illinois, Inc., Foster Wheeler USA, Inc., Foster Wheeler Corporation (hp) (Entered: 12/31/1998)

Dec. 30, 1998

Dec. 30, 1998

PACER
84

MINUTE ORDER of 12/30/98 by Hon. David H. Coar : EEOC's motion for leave to file third amended complaint is granted, [82-1] Foster Wheeler's oral objections are overruled. Defendants to answer or plead on or before 02/01/99. Oral motion of James Ferguson's attorney to continue the deposition of Ferguson is granted. [0-1] The Ferguson deposition shall not proceed until after 01/14/99. Mailed notice (hp) (Entered: 12/31/1998)

Dec. 30, 1998

Dec. 30, 1998

PACER
85

MINUTE ORDER of 12/30/98 by Hon. David H. Coar : EEOC's motion to amend scheduling order is granted. [81-1] This amendment is in reference to expert discovery only, no other dates will be altered. Disclosure of Experts by the plaintiff - 02/27/99. Disclosure of experts by the defendants - 03/23/99. Expert discovery to be completed by 04/13/99. Mailed notice (hp) (Entered: 12/31/1998)

Dec. 30, 1998

Dec. 30, 1998

PACER
86

MOTION by Ayesha S Hakeem to withdraw as attorney for plaintiff/intervenor, James Ferguson ; Notice of motion. (vmj) (Entered: 01/12/1999)

Jan. 4, 1999

Jan. 4, 1999

PACER
87

MINUTE ORDER of 1/11/99 by Hon. David H. Coar: Motion for leave to withdraw as attorney for plaintiff/intervenor, James Ferguson granted [86-1]. Leave granted Ayesha Salima Hakeem and Associates to withdraw as attorney for plaintiff/intervenor James M Ferguson. Ferguson shall proceed as scheduled on 1/19/99. Mailed notice (vmj) (Entered: 01/12/1999)

Jan. 11, 1999

Jan. 11, 1999

PACER
88

MOTION by Michael Harper for a protective order (Exhibits). (vmj) (Entered: 01/22/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
90

NOTICE of motion regarding motion for a protective order [88-1]. (vmj) (Entered: 01/28/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
89

RESPONSE by Foster Wheeler to Michael Harper's motion for a protective order [88-1] (Attachments). (vmj) (Entered: 01/22/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
91

MINUTE ORDER of 1/20/99 by Hon. Morton Denlow: Motion is denied without prejudice to the right of Michael G. Harper to object to the use of his deposition in the case of Harper vs. Foster Wheeler, 97 C 4793 [88-1]. Status hearing of 1/28/99 is reset to 2/18/99 at 10:00 a.m. No notice (vmj) (Entered: 01/28/1999)

Jan. 20, 1999

Jan. 20, 1999

PACER
92

ANSWER to EEOC's third amended complaint by defendant Local Union 597 Pipefitters Assn; Notice of filing. (vmj) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
93

ANSWER to the Equal Employment Oppotrunity Commission's third amended complaint by defendant Foster Wheeler; jury demand. (vmj) (Entered: 02/04/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
94

ANSWER to the Equial Employment Opportunity Commission's third amended complaint by defendant Foster Wheeler USA; jury demand. (vmj) (Entered: 02/04/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
95

ANSWER to the Equal Employment Opportunity Commission's third amended complaint by defendant Foster Wheeler Corp; jury demand. (vmj) (Entered: 02/04/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
96

ANSWER by Foster Wheeler Constructors, Inc. to the Equal Employment Opportunity Commission's third amended complaint; jury demand. (vmj) (Entered: 02/04/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
97

MOTION by defendant Local Union 597 Pipefitters Assn for leave to file instanter its amended answer to the plaintiff-intervenor's amended complaint ; Notice of motion. (vmj) (Entered: 02/16/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
98

MINUTE ORDER of 2/10/99 by Hon. David H. Coar: Defendant Local 597's motion for leave to file instanter its amended answer to the plaintiff-intervenor's amended complaint is granted [97-1]. Mailed notice (vmj) (Entered: 02/16/1999)

Feb. 10, 1999

Feb. 10, 1999

PACER
99

AMENDED ANSWER to the plalintiff-intervenor's amended complaint by defendant Local Union 597 Pipefitters Assn. (vmj) (Entered: 02/16/1999)

Feb. 10, 1999

Feb. 10, 1999

PACER
101

MOTION by defendant Local Union 597 Pipefitters Assn to compel the production of documents by plaintiff-intervenor James M. Ferguson (Attachments); Notice of motion. (vmj) (Entered: 02/22/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 17, 1998

Closing Date: Sept. 20, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers, and an individual plaintiff.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Local Union 597 Pipefitters Association, Private Entity/Person

Foster Wheeler Constructors, Inc. (Robbins, IL), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Amount Defendant Pays: 1325000

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

EEOC Intervened in Private Suit

Private Party intervened in EEOC suit