Filed Date: June 30, 2008
Closed Date: 2013
Clearinghouse coding complete
On June 30, 2008, the Equal Employment Opportunity Commission brought this action in the District Court of Colorado (Judge Edward W. Nottingham), alleging that defendant Oldcastle engaged in unlawful discriminatory employment practices. Such discriminatory practices included statements reflecting gender bias, failure to respond to complaints of sexual harassment by employees, and the termination of employees who complained of such practices. Plaintiff sought relief under 42 U.S.C. §2000e and 42 U.S.C. § 1981a. Plaintiff sought damages for the affected parties in the form of backpay, front pay, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. Plaintiff also sought a permanent injunction enjoining defendant from engaging in any employment policy or practice which discriminates against women, or retaliates against employees who report gender discrimination.
On October 20, 2008, the District Court of Colorado (Judge Edward W. Nottingham) granted a Motion to Intervene by individuals who were previously employed by the Defendant, terminated by the defendant and who had filed a Charge of Discrimination.
On October 20, 2008, the Intervenor Plaintiffs filed a complaint alleging denial of equal employment. This discrimination included gender discrimination in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), denial of equal employment for individuals engaging in protected activity under §704 of Title VII, 42 U.S.C. §2000e-4(a), and discrimination against a "qualified individual with a disability" as defined by the ADA. Intervenor Plaintiffs then filed an Amended Complaint in Intervention on October 31, 2008.
On February 9, 2010, the parties reached an agreement and the EEOC filed a Motion to Enter Consent Decree on February 16, 2010. Under the terms of the consent decree, Defendant was permanently enjoined from discriminating against any employee or applicant because of sex, or from retaliating against any employee, applicant, or class member for his or her participation in the EEOC process. Defendant agreed to submit to an EEO training program for new and current employees. Defendant was also to work with a consultant in developing policies to guard against discriminatory decision-making. In addition to these changes in behavior, Defendant was to pay $498,000 to the Intervenor Plaintiffs and their counsel.
On February 23, 2010 the parties stipulated to the dismissal of the Intervenor Plaintiffs, and on February 26, 2010 Judge Christine M. Arguello entered the consent decree.
The decree was entered in 2010 and scheduled to last until 2013. No further docket entries exist, so the case is closed.
Summary Authors
David Priddy (6/23/2011)
Clearinghouse (12/3/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4906948/parties/equal-employment-opportunity-commission-v-oldcastle-sw-group-inc/
Arguello, Christine M. (Colorado)
Boland, Boyd N. (Colorado)
Cooper, Ronald S. (District of Columbia)
Kittle, Rita Byrnes (Colorado)
Feiger, Lynn D. (Colorado)
Arguello, Christine M. (Colorado)
Boland, Boyd N. (Colorado)
Nottingham, Edward Willis Jr. (Colorado)
See docket on RECAP: https://www.courtlistener.com/docket/4906948/equal-employment-opportunity-commission-v-oldcastle-sw-group-inc/
Last updated Feb. 22, 2024, 3:06 a.m.
State / Territory: Colorado
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 30, 2008
Closing Date: 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
EEOC on behalf of female employees and male employees who supported them in complaints of sex discrimination; intervening aggrieved individuals.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Oldcastle SW Group, Inc. (Grand Junction, Mesa), Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
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: 498,000.00
Order Duration: 2010 - 2013
Content of Injunction:
Develop anti-discrimination policy
Utilize objective hiring/promotion criteria
Follow recruitment, hiring, or promotion protocols
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
Disability (inc. reasonable accommodations)
Affected Sex or Gender:
EEOC-centric: