Case: EEOC v. Oldcastle SW Group, Inc.

1:08-cv-01385 | U.S. District Court for the District of Colorado

Filed Date: June 30, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

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 …

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)

People

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/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Kittle, Rita Byrnes (Colorado)

Moench, William E. (Colorado)

O'Neill, Mary Jo (Arizona)

Weeks, Nancy A. (Colorado)

Attorneys(s) for Defendant

Santo, Michael (Colorado)

Other Attorney(s)

Active

Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Kittle, Rita Byrnes (Colorado)

Moench, William E. (Colorado)

O'Neill, Mary Jo (Arizona)

Weeks, Nancy A. (Colorado)

Attorneys(s) for Defendant

Santo, Michael (Colorado)

Other Attorney(s)

Feiger, Lynn D. (Colorado)

Moore, Brian T. (Colorado)

Documents in the Clearinghouse

Document

Docket

Feb. 26, 2010 Docket
1

Complaint

June 30, 2008 Complaint
10

Motion to Intervene as of Right as Parties Plaintiff

Oct. 14, 2008 Pleading / Motion / Brief
13

Order Granting Motion to Intervene as of Right as Parties Plaintiff

Oct. 20, 2008 Order/Opinion
14

Complaint in Intervention and Jury Demand

Oct. 20, 2008 Complaint
17

Amended Complaint in Intervention

Oct. 31, 2008 Complaint
92-2

Consent Decree

Feb. 16, 2010 Settlement Agreement

EEOC Website Press Release

No Court

Feb. 24, 2010 Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4906948/equal-employment-opportunity-commission-v-oldcastle-sw-group-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
5

ORDER: Scheduling/Planning Conference set for 9/17/2008 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 7/17/2008. (sss, )

July 17, 2008 RECAP
8

MINUTE ORDER granting 6 Unopposed Motion to Vacate and Reschedule Scheduling Conference. Scheduling Conference set for 9/17/2008 is vacated and reset to 11/6/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 9/10/2008.(sss, )

Sept. 10, 2008 RECAP
13

ORDER granting 10 Motion to Intervene as of Right as Parties Plaintiff. The proposed Complaint in Intervention is deemed filed as of this date. Signed by Chief Judge Edward W. Nottingham on 10/20/2008.(sss, )

Oct. 20, 2008 RECAP
20

ORDER The parties appeared this afternoon for a scheduling conference. The proposed scheduling order was refused for the reasons stated on the record. Consistent with matters discussed this afternoon: IT IS ORDERED that the parties shall prepare a revised scheduling order modified as discussed at the scheduling conference and submit it to the court on or before November 20, 2008. Signed by Magistrate Judge Boyd N. Boland on 11/17/08. (erv, )

Nov. 17, 2008 RECAP
30

MINUTE ORDER granting 27 Motion for Protective Order, by Magistrate Judge Boyd N. Boland on 1/8/09.(erv, )

Jan. 8, 2009 RECAP
31

PROTECTIVE ORDER. Signed by Magistrate Judge Boyd N. Boland on 1/8/09. (erv, )

Jan. 8, 2009 RECAP
34

Minute ORDER granting 32 Unopposed Motion to Amend Scheduling Order. Discovery due by 7/15/2009. Dispositive Motions due by 8/14/2009. Proposed Pretrial Order due by 10/7/2009. Final Pretrial Conference reset for 10/14/2009 09:30 AM in Courtroo m A 401 before Magistrate Judge Boyd N. Boland. Settlement Conference reset for 6/15/2009 01:30 PM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 2/3/09.(gmssl, ) Modified on 2/5/2009 to correct spelling error (gms, ).

Feb. 3, 2009 RECAP
65

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 9/2/2009. Granting 57 EEOC'S Motion for Protective Order. (Court Reporter FTR-G.Mattei.) (bnbcd, )

Sept. 2, 2009 RECAP
66

ORDER: re: Granting 57 MOTION for Protective Order filed by Equal Employment Opportunity Commission, by Magistrate Judge Boyd N. Boland on 9/2/09. (bnbcd, )

Sept. 2, 2009 RECAP
94

CONSENT DECREE by Judge Christine M. Arguello on 2/26/2010. (erv, )

Feb. 26, 2010 RECAP

State / Territory: Colorado

Case Type(s):

Equal Employment

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):

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

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.

42 U.S.C. § 1981

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: 498,000.00

Order Duration: 2010 - 2013

Content of Injunction:

Reporting

Retaliation Prohibition

Recordkeeping

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Follow recruitment, hiring, or promotion protocols

Discrimination Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit