Case: EEOC v. Pemco Aeroplex

2:00-cv-02762 | U.S. District Court for the Northern District of Alabama

Filed Date: Sept. 28, 2000

Closed Date: April 16, 2010

Clearinghouse coding complete

Case Summary

The Birmingham office of the EEOC brought this suit against Pemco Aeroplex, Inc., a Birmingham aerospace and defense company, in September 2000 in the U.S. District Court for the Northern District of Alabama. The complaint alleged that in violation of Title VII of the Civil Rights Act of 1964, Pemco subjected a class of African American employees to a racially hostile work environment. In December 2000 the case was consolidated with a private suit for discovery purposes only. The court grante…

The Birmingham office of the EEOC brought this suit against Pemco Aeroplex, Inc., a Birmingham aerospace and defense company, in September 2000 in the U.S. District Court for the Northern District of Alabama. The complaint alleged that in violation of Title VII of the Civil Rights Act of 1964, Pemco subjected a class of African American employees to a racially hostile work environment. In December 2000 the case was consolidated with a private suit for discovery purposes only. The court granted summary judgment to Pemco in December 2002, after which the EEOC gave notice of appeal in February of 2003. The U.S. Court of Appeals for the Eleventh Circuit reversed and remanded the case back to the district court in January 2005. The case was then settled by entry of a consent decree in April 2007.

The consent decree included non-harassment and non-retaliation clauses, required Pemco to develop an anti-discrimination policy, as well as a complaint and investigation policy to handle future complaints of racial discrimination, and also required Pemco to conduct annual surveys amongst its employees regarding the implementation of the decree. Pemco also agreed to post an anti-discrimination notice and to institute anti-discrimination training and team-building exercises for all employees. The decree contains record-keeping provisions and requires scheduled reporting to the EEOC on compliance. Additionally Pemco was required to pay $390,000.00 to settle the claims of the individual class members. In the event that either party finds non-compliance, it is to give the other party twenty days to remedy the problem and then seek court enforcement. The decree is in effect for three years.

Summary Authors

Kevin Wilemon (6/6/2008)

Related Cases

Thomas v. Pemco Aeroplex, Inc., Northern District of Alabama (1999)

Documents in the Clearinghouse

Documents in this case

2:00-cv-02762

Docket [PACER]

July 12, 2007

July 12, 2007

Docket
1

2:00-cv-02762

Complaint

Sept. 28, 2000

Sept. 28, 2000

Complaint
15

2:00-cv-02762

Motion to consolidate [DENIED BY COURT]

Feb. 15, 2002

Feb. 15, 2002

Pleading / Motion / Brief
60

2:00-cv-02762

Memorandum Opinion

Dec. 13, 2002

Dec. 13, 2002

Order/Opinion

2002 WL 32956277

61

2:00-cv-02762

Order

Dec. 13, 2002

Dec. 13, 2002

Order/Opinion

03-10719

Opinion

U.S. Court of Appeals for the Eleventh Circuit

Sept. 13, 2004

Sept. 13, 2004

Order/Opinion

383 F.3d 1280

04-01292

[Untitled]

Pemco Aeroplex v. EEOC

Supreme Court of the United States

Oct. 3, 2005

Oct. 3, 2005

Order/Opinion

546 U.S. 811

77

2:00-cv-02762

Memorandum Opinion and Case Management Order

Dec. 5, 2005

Dec. 5, 2005

Order/Opinion
100

2:00-cv-02762

Consent Decree

Equal Employment Opportunity Commission v. Pemco Aeroplex, Inc.

April 16, 2007

April 16, 2007

Order/Opinion

2:00-cv-02762

EEOC Press Release

No Court

May 31, 2007

May 31, 2007

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5391054/eeoc-v-pemco-aeroplexinc/

Last updated April 5, 2025, 11:18 a.m.

ECF Number Date Description Link
60 Dec. 13, 2002

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (Former Employee)

Clearinghouse
79 Dec. 21, 2005

MEMORANDUM OPINION and ORDER if EEOC files the suggested concession by 4:30 pm 12/30/05, Pemco's motion to compel will be denied; if not, an appropriately redacted set of EEOC's materials will be made available to Pemco by the partial grant of Pemco's motion; ddl created for 4:30 pm 12/30/2005.. Signed by Judge William M Acker Jr on 12/21/05. (KGE, )

RECAP
88 March 3, 2006

MEMORANDUM OPINION and ORDER the parties are ORDERED to file a joint stipulation or separate responses to suggestions made in this order by 4:30 pm on 3/20/2006.. Signed by Judge William M Acker Jr on 3/3//06. (KGE, )

RECAP
1

COMPLAINT filed, amount paid $ 150.00, receipt # 200 145668 (Former Employee) (Entered: 1211 011999)

Clearinghouse
2

REQUEST of pIa for service by certified mail filed (Former Employee) (Entered: 1211011999)

PACER
3

SUMMONS and complaint returned executed: upon dft Pemco Aeroplex, Inc on 12113/99 filed (Former Employee) (Entered: 1211511999)

PACER
4

SUMMONS and complaint returned executed: upon dft Precision Standard on 12121/99 filed (Former Employee) (Entered: 12123/1999)

Clearinghouse
5

SUMMONS and complaint returned executed: upon dft Pemco Aeroplex, Inc on 12123/99 filed (Former Employee) (Entered: 1212711999)

PACER
6

ANSWER by defendant Pemco Aeroplex, Inc, defendant Precision Standard w/appear by atty(s) Stephen E Brown, Jeffrey A Lee filed cs (Former Employee) (Entered: 0111112000)

PACER
8

Report of Parties (form 35) of compliance with FRCP 26 filed (Former Employee) (Entered: 01/3112000)

PACER
14

RESPONSE by pIa's and dft to Scheduling order; Cs Mgmt ddl unless by 4:30 3/31100 pIa's and dfts submit a joint proposal of a schedule for discovery relevant to class status and date for class cert hearing, the court will enter such a schedule and will not deviate from it [13-1] filed (Former Employee) (Entered: 03/3112000)

PACER
16

MOTION by plas to amend complaint filed cs (Former Employee) (Entered: 0411712000)

PACER
17

MOTION by dft to amend answer filed cs (Former Employee) (Entered: 0512512000)

PACER
19

First Amended ANSWER by defendant Pemco Aeroplex, Inc filed cs (Former Employee) (Entered: 05/3012000)

PACER
22

BRIEF by dft's Pemco Aeroplex, Inc, Precision Standard in opposition to pIa's motion for class certification, filed cs (Former Employee) (Entered: 0712512000)

PACER
23

SUBMISSION of discovery (3" thick in expandable folder) by dft's Pemco Aeroplex, Inc, and Precision Standard in opposition to pIa's motion for class certification, filed cs (Former Employee) (Entered: 0712512000)

PACER
24

MOTION by counsel for pIa to continue class certification hearing filed cs (Former Employee) (Entered: 0712512000)

PACER
31

SUBMISSION of discovery by pIa in support of motion to amend complaint (1 112" thick in expandable folder) filed cs (Former Employee) (Entered: 1212212000)

PACER
32

RESPONSE by dfts to pIa's motion to amend complaint [30-1] filed cs (Former Employee) (Entered: 0111712001)

PACER
33

NOTICE of Appearance for plaintiffs by attys Kenneth 0 Simon and Tyrone Quarles of Simon & Assoc filed (SRJ) (Entered: 0111812001)

PACER
35

MOTION by plaintiffs to withdraw their document (motion to amend complaint) without prejudice [30-1] filed cs (SRJ) (Entered: 0112212001)

PACER
47

BRIEF by pIa Levi A Billups III in opposition to dft's motion for summary judgment filed cs (Former Employee) (Entered: 0512312001)

PACER
49

RESPONSE by dft Pemco Aeroplex, Inc to pIa's opposition to motion for summary judgment as to Levi A. Billups' claim [43-1] filed cs (Former Employee) (Entered: 0512912001)

PACER
56

EXPERT REPORT of Dr. Stanley L. Brodsky filed cs (not an original signature) (BST) (Entered: 06/0612001)

PACER
57

EXPERT REPORT of George Munchus, Ph.D. filed cs (not an original signature) (BST) (Entered: 06/0612001)

PACER
58

RESPONSE by pIa Ronald L Taylor to dft's motion for summary judgment as to Ronald L. Taylor's claim [48-1] filed cs (Former Employee) (Entered: 0611312001)

PACER
59

MOTION by dft Precision Standard and movant Pemco Aviation Group to dismiss with brief in opposition to pIa's motion to add party included thereon, filed cs (Former Employee) (Entered: 0611512001)

PACER
64

WITNESS list (amended report of Dr. Stanley Brodsky) filed cs (Former Employee) (Entered: 0612612001)

PACER
67

BRIEF by plas in opposition to Precision Standard and Pemco Aviation Group, Inc.'s motion to dismiss, with exhibits attached (in expandable folder) filed cs (Former Employee) (Entered: 0711012001)

PACER
73

RESPONSE by dfts to motion to compel production [72-1] filed cs (Former Employee) (Entered: 08/0112001)

PACER
74

Appeal Information Sheet filed [66-1] (Former Employee) (Entered: 08/0212001)

PACER
89

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claim of pIa Donald Edwin Phillips filed cs (Former Employee) (Entered: 0812712001)

PACER
90

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa George Godfrey, filed cs (Former Employee) (Entered: 0812712001)

PACER
91

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Walter Burns, filed cs (Former Employee) (Entered: 0812712001)

PACER
92

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Andrew Thomas, filed cs (Former Employee) (Entered: 0812712001)

PACER
93

BRIEF by dfts Pemco Aeroplex, Inc, and Annette K Mickel in support of motion for summary judgment as to claims of pIa John Jackson, filed cs (Former Employee) (Entered: 0812712001)

PACER
94

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Otis Bailey, filed cs (Former Employee) (Entered: 0812712001)

PACER
95

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Michael Brown, filed cs (Former Employee) (Entered: 0812712001)

PACER
96

BRIEF by dft Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Mary Catherine Johnson, filed cs (Former Employee) (Entered: 0812712001)

PACER
97

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Allen Hurt, filed cs (Former Employee) (Entered: 0812712001)

PACER
99

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Alfred Wayne Ramsey, filed cs (Former Employee) (Entered: 0812712001)

PACER
100

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Alden Johnson, filed cs (Former Employee) (Entered: 0812712001)

Clearinghouse
101

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Mitchell George, filed cs (Former Employee) (Entered: 0812712001)

PACER
102

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Carl E. Washington, filed cs (Former Employee) (Entered: 0812712001)

PACER
103

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Meshell Belser, filed cs (Former Employee) (Entered: 0812712001)

PACER
104

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to pIa James Taylor, filed cs (Former Employee) (Entered: 0812712001)

PACER
105

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Gloria Cunningham, filed cs (Former Employee) (Entered: 0812712001)

PACER
106

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Shirley High, filed cs (Former Employee) (Entered: 0812712001)

PACER
107

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Charles V. Smith, Sf., filed cs (Former Employee) (Entered: 0812712001)

PACER
108

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Shirley Robinson, filed cs (Former Employee) (Entered: 0812712001)

PACER
109

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Donell Smith, filed cs (Former Employee) (Entered: 0812712001)

PACER
110

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Johnny Payne, Jr. filed cs (Former Employee) (Entered: 0812712001)

PACER
111

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Annette Mickel filed cs (Former Employee) (Entered: 0812712001)

PACER
113

BRIEF by dfts Pemco Aeroplex, Inc and' Precision Standard in support of motion for summary judgment as to claims of pIa Desmond Heath, filed cs (Former Employee) (Entered: 0812712001)

PACER
114

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Cornelius Johnson, filed cs (Former Employee) (Entered: 0812712001)

PACER
115

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Hilton Temple, filed cs (Former Employee) (Entered: 0812712001)

PACER
116

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Debbie Joyce Walker-Wise, filed cs (Former Employee) (Entered: 0812712001)

PACER
117

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Sylvester Triplett, filed cs (Former Employee) (Entered: 0812712001)

PACER
118

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Arthur Lane, filed cs (Former Employee) (Entered: 0812712001)

PACER
119

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Larry Blanton, filed cs (Former Employee) (Entered: 0812712001)

PACER
120

RESPONSE by plas to dft's representations that additional testimony from Rule 3 O(b )( 6) corporate representatives is unnecessary, filed cs (Former Employee) (Entered: 0910412001)

PACER
121

BRIEF by plas in support of their motion to add Pemco Aviation Group, Inc. and also in response to dft's motion to dismiss, filed cs (Former Employee) (Entered: 0910412001)

PACER
122

SUBMISSION of discovery by plas in support of their motion to add Pemco Aviation Group, Inc. and also in response to dft's motion to dismiss,(in expandable folder) filed cs (Former Employee) Modified on 0910412001 (Entered: 0910412001)

PACER
129

MOTION by plaintiff Walter Burnes to extend time add'l 14 days to respond to dft's motions for summary judgment filed cs (MAA) (Entered: 1011112001)

PACER
139

BRIEF by plaintiff in opposition to dft's motion for protective order, filed cs (Former Employee) (Entered: 1211412001)

PACER
140

BRIEF by defendants in response to pIa's submission in opposition of dft's motion for protective order, filed cs (Former Employee) (Entered: 1211912001)

PACER
141

MOTION by plaintiff to compel dft Pemco to produce David Dyer, or, in the alternative for order for service by USM filed cs (Former Employee) (Entered: 02/0612002)

PACER
143

DESIGNATION by defendant Pemco Aeroplex, Inc of record on appeal filed cs (Former Employee) (Entered: 02/0712002)

PACER
144

JOINDER by plas in EEOC's motion to consolidate for trial, filed cs (Former Employee) (Entered: 0212112002)

PACER
145

NOTICE of appearance for defendant by N Lee Cooper filed (Former Employee) (Entered: 0212612002)

PACER
145

ORDER on pre-trial hearing; jury trial set 9:30 6/3102 ; PTC held 9:30 2122/02 filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0212612002)

PACER
147

TRANSCRIPT of proceedings had before Judge William M. Acker Jr on 12114/01 , filed - Court Reporter Virginia Flowers (Former Employee) (Entered: 0312012002)

PACER
151

EXPERT WITNESS list by plas for trial filed cs (Former Employee) (Entered: 0411512002)

PACER
153

NOTICE by plaintiffs of PIa's position regarding temporal boundary for anecdotal evidence filed cs (Former Employee) (Entered: 0411912002)

PACER
154

BRIEF by dfts in response to courts order requiring parties to set temporal boundary with regard to anecdotal evidence of racial harassment filed cs (Former Employee) (Entered: 0411912002)

PACER
157

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Shirley C Robinson w/exhibit attached cs (Former Employee) (Entered: 0412412002)

PACER
158

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Hilton Temple w/exhibit attached cs (Former Employee) Modified on 0412412002 (Entered: 0412412002)

PACER
159

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa James A Taylor w/exhibit attached cs (Former Employee) (Entered: 0412412002)

PACER
160

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Alfred W Ramsey w/exhibit attached cs (Former Employee) (Entered: 0412412002)

PACER
161

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Johnny Payne w/exhibit attached cs (Former Employee) (Entered: 0412412002)

PACER
162

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Alden N Johnson w/exhibit attached cs (Former Employee) (Entered: 0412412002)

PACER
163

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Otis Bailey w/exhibit attached cs (Former Employee) (Entered: 0412412002)

PACER
166

NOTICE of Acceptance ofDfts Offer of Judgment filed by pIa Walter Burnes w/exhibit attached cs (Former Employee) (Entered: 0412512002)

PACER
167

MOTION by plas in limine filed cs (Former Employee) (Entered: 0412612002)

PACER
193

RESPONSE by dft Pemco Aeroplex, Inc to plas motion to show cause filed cs (Former Employee) (Entered: 04/3012002)

PACER
198

EXHIBIT list by defendant Pemco Aeroplex, Inc filed cs (KAM) (Entered: 05/0612002)

PACER
199

TRIAL WITNESS list by plaintiffs filed cs (Former Employee) (Entered: 05/0712002)

PACER
200

DAMAGE list and injunctive relief by plas filed cs (Former Employee) (Entered: 05/0712002)

PACER
201

I EXHIBIT list by plaintiffs filed cs (Former Employee) (Entered: 05/0712002)

PACER
203

Notice of pia's OBJECTIONS to dfts trial exhibits filed cs (Former Employee) (Entered: 0511412002)

PACER
205

SUPPLEMENT AL SUBMISSION of discovery by plas to plas motion for order to show cause andlor motion to hold dfts agents and officers in contempt filed cs (Former Employee) (Entered: 0511612002)

PACER
206

RESPONSE by dft Pemco Aeroplex, Inc, dft Precision Standard motion for injunctive relief [202-1] filed cs (Former Employee) (Entered: 0511612002)

PACER
210

REMARK - docketing error - there is no pleading number 210 (Former Employee) (Entered: 0612012002)

PACER
211

WITNESS list and exhibit list by plaintiff Andrew D Thomas filed cs (MAA) (Entered: 0512812002)

PACER
212

REMARK - docketing error - there is no pleading number 212 (KAM) (Entered: 05/3012002)

PACER
217

RESPONSE by plaintiffs to motion for reconsideration of oral ruling of 2/6/02 [215-1] filed cs (KAM) (Entered: 05/3112002)

PACER
218

JURy strikes of plaintiffs, filed (Former Employee) (Entered: 06/0312002)

PACER
220

CERTIFIED copy of Appellate Court order: affirmed, reversed and remanded for further proceedings the decision of the District Court [66-1] wlopinion attached; issued as mandate 6118/02; before Hunt; filed (Former Employee) (Entered: 0612012002)

PACER
221

JURy instructions (requested) submitted by plaintiffs, filed cs (Former Employee) (Entered: 0612512002)

PACER
222

JURy instructions (requested) submitted by defendant Pemco Aeroplex, Inc filed cs (Former Employee) (Entered: 0612512002)

PACER

Case Details

State / Territory:

Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: April 16, 2010

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

Private Entity/Person

Pemco Aeroplex, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Alabama 2:00-cv-02762

U.S. Court of Appeals for the Eleventh Circuit 03-10719

Supreme Court of the United States 04-1292

Northern District of Alabama 2:99-cv-03280

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 390000

Order Duration: 2002 - 2005

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation