Filed Date: Dec. 15, 2004
Closed Date: 2007
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On December, 15, 2004, the Equal Employment Opportunity Commission (EEOC) filed suit in the Trenton U.S District Court against Imclone Systems, Inc., on behalf of a black employee for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). The EEOC alleged that Imclone Systems discriminated against the employee on account of his race and retaliated against him for complaining about the discrimination. According to the complaint, the employee's white trainer made various racially derogatory statements, treated him more harshly, and made him perform menial duties that were not required of similarly situated white employees. Upon investigating the claims Imclone disciplined the white trainer but then demoted the employee to his previous position by discontinuing the training and eventually fired him. The EEOC sought its costs and monetary and injunctive relief for the employee, including back pay, reinstatement, compensation for emotional harm, and punitive damages.
The parties reached a settlement, which the Court (Judge Garrett E. Brown, Jr.) entered as a consent decree on May 25, 2005. Under the two-year decree the employee was entitled to receive $85,000 subject to the execution of a release, while Imclone was subject to a variety of injunctive provisions. The decree required Imclone to not engage in retaliation or racial discrimination, to post a notice about the case and its resolution, and to provide four hours of Title VII training with emphasis on racial discrimination and retaliation to all managers of the department in which the employee had worked and to the trainer who had been disciplined. The parties bore their own costs. As of this writing no further court activity appears on the docket, and the case is now closed.
Summary Authors
Kenneth Gray (7/24/2013)
Brown, Garrett E. Jr. (New Jersey)
Hughes, John J. (New Jersey)
Dreiband, Eric S. (District of Columbia)
Cerasia, Edward II (New York)
Gordon, Yvette M (New Jersey)
Brown, Garrett E. Jr. (New Jersey)
Hughes, John J. (New Jersey)
Last updated March 22, 2024, 3:04 a.m.
State / Territory: New Jersey
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Key Dates
Filing Date: Dec. 15, 2004
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of a black employee
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Imclone Systems, Inc., Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available 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: $85,000
Order Duration: 2005 - 2007
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis:
Race:
EEOC-centric: