Case: EEOC v. J.W. Aluminum

2:03-cv-02448 | U.S. District Court for the District of South Carolina

Filed Date: July 25, 2003

Closed Date: March 11, 2000

Clearinghouse coding complete

Case Summary

In July 2003, the EEOC district office in Charlotte, North Carolina brought this suit against the J.W. Aluminum Company, a foil and sheet aluminum manufacturer, in the U.S. District Court for the District of South Carolina. The complaint alleged racial discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the allegations were that the defendant allowed its employees to use racial slurs and deface its premises with racial graffiti. The parties settled and a c…

In July 2003, the EEOC district office in Charlotte, North Carolina brought this suit against the J.W. Aluminum Company, a foil and sheet aluminum manufacturer, in the U.S. District Court for the District of South Carolina. The complaint alleged racial discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the allegations were that the defendant allowed its employees to use racial slurs and deface its premises with racial graffiti.

The parties settled and a consent decree was entered in March 2005. In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of race, establish a fund for potential class members in the amount of $225,000, provide EEO training, post EEO notices, implement an EEO policy, and make semiannual complaint reports. No fees or costs were awarded. The terms of the agreement ran for three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Jason Chester (6/24/2007)

People


Judge(s)

Kosko, George C. (South Carolina)

Judge(s)

Kosko, George C. (South Carolina)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. JW Aluminum Company

March 10, 2005 Docket
1

Complaint

EEOC v. JW Aluminum Company

July 25, 2003 Complaint
23

Consent Decree

EEOC v. JW Aluminum Company

Oct. 13, 2004 Settlement Agreement
28

Final Order Approving Consent Decree

EEOC v. JW Aluminum Company

March 10, 2005 Order/Opinion

Annual Report on the Operations and Accomplishments of the Office of the General Counsel (FY 2005)

EEOC v. J.W. Aluminum Co.

No Court

April 13, 2006 Press Release

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; Service due by 11/24/03 for JW Aluminum Company (kmca) (Entered: 07/28/2003)

July 25, 2003
2

SUMMONS issued for defendant JW Aluminum Company (kmca) (Entered: 07/28/2003)

July 25, 2003
3

ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (kmca) (Entered: 07/28/2003)

July 25, 2003
4

JOINT MOTION by plaintiff EEOC, defendant JW Aluminum Company to extend time to move,answer, or otherwise plead to the complaint for 40 days until 9/29/03. (proposed consent order attached) (asni) Modified on 08/14/2003 (Entered: 08/13/2003)

Aug. 13, 2003
5

ORDER granting [4-1] motion to extend time to move,answer, or otherwise plead to the complaint for 40 days until 9/29/03 ( signed by Magistrate Judge George C. Kosko ) eod 8/14/03 (cmur) Modified on 08/14/2003 (Entered: 08/14/2003)

Aug. 14, 2003
6

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant JW Aluminum Company 7/28/03 Assignment Interrogatories due on 8/27/03 for JW Aluminum Company; Answer due on 8/18/03 for JW Aluminum Company executed by certified mail to CT Corp System, Registered Agent for JW Aluminum (kmca) (Entered: 08/19/2003)

Aug. 18, 2003
7

ANSWER to Complaint by defendant JW Aluminum Company (Attorney Matthew D Patterson), Assignment Interrogatories due on 10/6/03 for JW Aluminum Company (gpea) (Entered: 09/26/2003)

Sept. 25, 2003
9

26(f) Report by EEOC. Parties Agree to Conference and Scheduling Order. Proposed Discovery Plan and 26f Answers to Interrogatories included. (gpea) (Entered: 11/19/2003)

Nov. 18, 2003
10

AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 1/12/04 ; Plaintiff's ID of Experts set for 2/6/04 ; Defendant's ID of Experts set for 3/5/04 ; Records Custodian Affidavit filed by 3/5/04 ; Discovery cutoff 6/7/04 ; Motion In Limine filed by 7/12/04 ; Deadline for filing of all motions 5/20/04 ; Mediation deadline for 8/20/04 Mediation Statement filed by 7/20/04 ; 26(a)3 Pretrial Disclosures filed by 8/11/04 ; Pretrial Brief filed by 10/25/04 ; Jury Selection deadline set for 11/1/04 ; ( signed by Magistrate Judge George C. Kosko ) (cmur) (Entered: 11/21/2003)

Nov. 21, 2003
11

26(f) Answers to Local Rule 26 Interrogatories by JW Aluminum Company. (gpea) (Entered: 11/24/2003)

Nov. 21, 2003

CASE reassigned to Judge David C. Norton (admin) (Entered: 04/08/2004)

April 8, 2004
12

AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 1/12/04 ; Plaintiff's ID of Experts set for 2/6/04 ; Defendant's ID of Experts set for 3/5/04 ; Records Custodian Affidavit filed by 7/5/04 ; Discovery cutoff 9/7/04 ; Motion In Limine filed by 10/12/04 ; Deadline for filing of all motions 8/20/04 ; Mediation deadline for 11/20/04 Mediation Statement filed by 10/20/04 ; 26(a)3 Pretrial Disclosures filed by 11/11/04 ; Pretrial Brief filed by 1/27/04 ; Jury Selection deadline set for 2/1/05 ; ( signed by Magistrate Judge George C. Kosko ) eod (cmur) (Entered: 04/13/2004)

April 13, 2004
13

MOTION by plaintiff EEOC for Attorney Edwin L. Turnage to withdraw (dnap) (Entered: 04/28/2004)

April 28, 2004
14

MOTION by plaintiff EEOC to stay the proceedings until May 31, 2004 (dnap) (Entered: 04/28/2004)

April 28, 2004
15

ORDER granting [13-1] motion for Attorney Edwin L. Turnage to withdraw ( signed by Magistrate Judge George C. Kosko ) eod 5/5/04 (cmur) (Entered: 05/05/2004)

May 4, 2004
16

ORDER granting [14-1] motion to stay the proceedings until May 31, 2004 ( signed by Magistrate Judge George C. Kosko ) eod 5/5/04 (cmur) (Entered: 05/05/2004)

May 4, 2004
17

NOTICE of attorney appearance for plaintiff EEOC by Robert F Daley Jr (cram) (Entered: 05/27/2004)

May 26, 2004
19

ORDER granting [18-1] motion for Jessica L Dixon to appear pro hac vice FILING FEE WAIVED DUE TO STATUE ( signed by Judge C W. Houck ) eod (cmur) (Entered: 06/02/2004)

June 2, 2004
20

UNOPPOSED MOTION by plaintiff EEOC for entry of provisional order approving consent decree. (cmur) (Entered: 10/12/2004)

Oct. 8, 2004
21

PROVISIONAL ORDER approving consent decree. Details outlined in the order. ( signed by Magistrate Judge George C. Kosko ) eod 10/14/04 (cmur) (Entered: 10/14/2004)

Oct. 13, 2004
22

NOTICE of Hearing set Fairness Hearing for 10:00 12/1/04 before Magistrate Judge George C. Kosko (cmur) Modified on 10/14/2004 (Entered: 10/14/2004)

Oct. 13, 2004
23

CONSENT DECREE outlining the resolution of this matter. Details are outlined in the order. ( signed by Magistrate Judge George C. Kosko ) eod 10/13/04 (cmur) (Entered: 10/14/2004)

Oct. 13, 2004

Minute entry: per order#23 granting [20-1] motion for entry of provisional order approving consent decree. (cmur) (Entered: 10/18/2004)

Oct. 13, 2004
24

NOTICE of Hearing reset status conference for 10:00 2/17/05 before Magistrate Judge George C. Kosko (cmur) (Entered: 11/15/2004)

Nov. 15, 2004
25

NOTICE of Proposed Distribution List by plaintiff EEOC (cram) (Entered: 12/28/2004)

Dec. 23, 2004
26

NOTICE of Hearing cancelling status conference for 10:00 2/17/05 before Magistrate Judge George C. Kosko (obri) (Entered: 02/03/2005)

Feb. 3, 2005
27

Unopposed MOTION by plaintiff EEOC for entry of the final order approving consent decree (cram) (Entered: 02/10/2005)

Feb. 9, 2005
28

FINAL ORDER APPROVING CONSENT DECREE re 27 Motion for Miscellaneous Relief filed by Equal Employment Opportunity Commission, Details are outlined in the order. Signed by Judge David C Norton on 3/10/05. (cmur, ) (Entered: 03/11/2005)

March 10, 2005

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 25, 2003

Closing Date: March 11, 2000

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

J.W. Aluminum Company, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 225000

Order Duration: 2005 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Monitoring

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits