Case: Equal Employment Opportunity Commission v. Community Provider of Enrichment Services Incorporated

4:10-cv-00592 | U.S. District Court for the District of Arizona

Filed Date: Sept. 29, 2010

Closed Date: Sept. 15, 2016

Clearinghouse coding complete

Case Summary

On September 29, 2010, the Equal Opportunity Employment Commission (the “Commission” or “EEOC”), in the interests of several aggravated public parties, filed suit against the Community Provider of Enrichment Services, Inc. (“CPES”) alleging that CPES violated both Title I of the Americans with Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991 (“Civil Rights Act”). The case was brought in the U.S. District Court for the District of Arizona where it was assigned to Distri…

On September 29, 2010, the Equal Opportunity Employment Commission (the “Commission” or “EEOC”), in the interests of several aggravated public parties, filed suit against the Community Provider of Enrichment Services, Inc. (“CPES”) alleging that CPES violated both Title I of the Americans with Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991 (“Civil Rights Act”). The case was brought in the U.S. District Court for the District of Arizona where it was assigned to District Judge David C. Bury, with Magistrate Judge Charles R. Pyle presiding over several motions before the court. Plaintiff alleged that CPES unlawfully discriminated against several hearing-impaired individuals by implementing a policy of not hiring or employing such individuals as Direct Support Providers (DSPs), in violation of Title I of the ADA (42 U.S.C. §12112) and Title I of the Civil Rights Act. In addition, Plaintiffs alleged that CPES failed to provide reasonable accommodations to hearing-impaired applicants in applying for the DSP position. Specifically Plaintiff alleged that, since May of 2007, CPES had a policy of not hiring and employing hearing-impaired individuals as DSPs and that such a policy emanated from the requirement they had that DSPs must be able to “hear” clients. Plaintiffs sought compensatory, declaratory, and injunctive relief,  and attorney’s fees.

 

Just short of a year after the lawsuit was initiated, the parties settled. On September 14, 2011, Judge Bury entered a consent decree. Settlement terms include compensation in the amount $33,500 for the aggravated parties, injunctive-like terms that instituted new guidelines for hiring and training of disabled individuals and corrective measures for policies discriminatorily applied previously. Additionally, CPES will have to report compliance to the EEOC.

 

Summary Authors

Andrew Bialek (11/2/2022)

Documents in the Clearinghouse

Document
1

4:10-cv-00592

Complaint

Sept. 29, 2010

Sept. 29, 2010

Complaint
36

4:10-cv-00592

Consent Decree

Sept. 15, 2011

Sept. 15, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/52893663/equal-employment-opportunity-commission-v-community-provider-of-enrichment/

Last updated Dec. 25, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT., filed by Equal Employment Opportunity Commission. (Chen, Tin-Tin) (Attachments: # 1 Civil Cover Sheet)(PAA) (Entered: 09/30/2010)

1 Civil Cover Sheet

View on PACER

Sept. 29, 2010

Sept. 29, 2010

Clearinghouse
2

SUMMONS Submitted by Equal Employment Opportunity Commission. (PAA) (Entered: 09/30/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
3

This case has been assigned to the Honorable David C Bury. All future pleadings or documents should bear the correct case number: 4:10-CV-592-TUC-DCB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (PAA) (Entered: 09/30/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
4

Summons Issued as to Community Provider of Enrichment Services Incorporated. (PAA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
5

NOTICE of Appearance by James P Driscoll-MacEachron on behalf of Equal Employment Opportunity Commission (Driscoll-MacEachron, James) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
6

ORDER Settlement Conference set for 2/10/2011 10:00 AM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Charles R Pyle.Signed by Magistrate Judge Charles R Pyle on 01/11/11. (LMF) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
7

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Community Provider of Enrichment Services Incorporated served on 1/7/2011. (Chen, Tin-Tin) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
8

MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (Chen, Tin-Tin) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
9

Minute Entry. Proceedings held before Magistrate Judge Charles R. Pyle: Telephonic Status Conference held on 2/2/2011. The Settlement Conference set for 02/10/11 at 10:00 a.m. before Magistrate Judge Charles R. Pyle is AFFIRMED. The Motion to Withdraw as Attorney (Doc. 8) to be addressed by the District Judge. (Not recorded.)(SSG) (Entered: 02/04/2011)

Feb. 2, 2011

Feb. 2, 2011

PACER
10

ORDER granting 8 Motion to Withdraw as Attorney: Attorney Tin-Tin Diana then terminated. Signed by Judge David C Bury on 02/04/2011. (DCB2,)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

PACER
11

A scheduling conflict having arisen for the Court and counsel having been notified; IT IS ORDERED that the Settlement Conference presently set for February 10, 2011 at 10:00 a.m. is RESET/ACCELERATED to 9:00 AM on THURSDAY, FEBRUARY 10, 2011, 405 West Congress Street, Tucson, AZ 85701 before U.S. Magistrate Judge Charles R Pyle. Counsel is requested to meet in Judge Pyle's Chambers, Chambers 5660. RESET AS TO TIME ONLY!!. (CRP)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
12

ANSWER to 1 Complaint by Community Provider of Enrichment Services Incorporated.(Hale, Todd) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
13

Minute Entry. Proceedings held before Magistrate Judge Charles R Pyle: Settlement Conference held on 2/10/2011. (Not Recorded)(CAB) (Entered: 02/15/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
14

*ORDER ; Telephonic Pretrial Scheduling Conference set for 5/3/2011 10:00 AM before Greer Barkley, law clerk, for Judge David C Bury. Pla counsel shall initiate the conference. Joint report due 5 days before Rule 16 scheduling conference.. Signed by Judge David C Bury on 02/16/11. ***SEE ATTACHED PDF FOR FURTHER INFORMATON***(LMF) *Modified docket text to remove courtroom location for telephonic conference; NEF regenerated on 3/31/2011 (ALR).* (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
15

Minute Order: Magistrate Judge Pyle will continue settlement negotiations ; Settlement Conference set for 3/28/2011 10:00 AM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Charles R Pyle. (LMF) ***CORRECTION - file date modified from 2/16/11 to 2/17/11*** Modified on 2/18/2011 (SSU). (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
16

ORDER Settlement Conference re-set for 4/19/2011 11:00 AM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Charles R Pyle.. Signed by Magistrate Judge Charles R Pyle on 3/21/2011. (JKM) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
17

NOTICE re of Service of Plaintiff's Intial Disclosure by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
18

Letter to counsel of record from Honorable David C. Bury re: 9th Circuit Mediators. (DCB2, ) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
19

NOTICE re Service of CPES' Initial Rule 26 Disclosure Statement by Community Provider of Enrichment Services Incorporated. (Hale, Todd) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
22

Minute Entry. Proceedings held before Magistrate Judge Charles R. Pyle: Settlement Conference held on 4/19/2011. (Not recorded.)(SSG) (Entered: 05/03/2011)

April 19, 2011

April 19, 2011

PACER
20

STIPULATION Joint Stipulation to Continue The Rule 16 Scheduling Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Driscoll-MacEachron, James) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
21

ORDER granting 20 Stipulation : Scheduling Conference set for 6/2/2011 10:00 AM before Judge David C Bury. All provision for preparation of the scheduling conference remain the same.. Signed by Judge David C Bury on 04/26/11. (LMF) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

PACER
23

REPORT of Rule 26(f) Planning Meeting by Community Provider of Enrichment Services Incorporated, Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
24

*ORDER: Telephonic Scheduling Conference set for 7/12/2011 10:30 AM before, Greer Barkley, law clerk for Judge David C Bury. Case management plan due five days before hearing. (see attached pdf for further information). Signed by Judge David C Bury on 06/02/11. (LMF) *Document removed because it was filed in wrong case. Document refiled in correct case by the Clerk; NEF regenerated on 06/07/2011 (CEI). (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
25

SCHEDULING ORDER: Discovery due by 12/2/2011. Dispositive motions due by 1/2/2012. Proposed Pretrial Order due by 2/2/2012.(see attached pdf for further information). Signed by Judge David C Bury on 06/03/11. (LMF) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
26

ORDER ; This case has been referred to the Circuit Mediation Office for the Ninth Circuit Court of Appeals. The mediation will be conducted at the US Courthouse in Tucson during the week of 07/18/11 or 07/25/11. All future motions or pleadings shall be copied to ca09_Mediation@ca9.uscourts.gov. Additional information about the Ninth Circuit mediation Program may be found at www.ca9.uscourts.gov/mediation. Signed by Judge David C Bury on 06/06/11. (LMF) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
27

ORDER ; scheduling mediation and telephonic conference call set for 6/23/2011 11:00 AM before mediation person.. Signed by Magistrate Judge Charles R Pyle on 06/08/11. (LMF) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
28

NOTICE re of Service of Plaintiff's First Request for Non-Uniform Interrogatories by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
29

NOTICE re Service of Plaintiffs First Request for Production of Documents by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

PACER
30

NOTICE re Service of Plaintiff EEOC's First Request for Admissions to Defendant by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

PACER
31

NOTICE of Appearance by Nancy Eileen Griffiths on behalf of Equal Employment Opportunity Commission (Griffiths, Nancy) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
32

NOTICE re of Service of Plaintiff EEOC's 2nd Request for Interrogatories by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
33

NOTICE re of Service of Plaintiff EEOC's 2nd Request for Production of Documents by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
34

NOTICE re of Service of Plaintiff's 3rd Request for Production of Documents by Equal Employment Opportunity Commission. (Driscoll-MacEachron, James) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
35

Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Driscoll-MacEachron, James) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
36

CONSENT DECREE; Judgment is entered in favor of the Commission and against Defendant in the amount of Thirty Three Thousand Five Hundred Dollars ($33,500.00). Within seven (7) days of entry of this Decree, Defendant will pay the gross sum of Thirty Three Thousand Five Hundred Dollars ($33,500.00), to be distributed to the aggrieved persons in a manner that will be provided to counsel for Defendant by the Commission. Signed by Judge David C Bury on 09/14/11. (LMF) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Disability Rights

Equal Employment

Key Dates

Filing Date: Sept. 29, 2010

Closing Date: Sept. 15, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission on behalf of several disabled individuals.

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

Community Provider of Enrichment Services Incorporated (Tucson, Pima), 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:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $33,500

Order Duration: 2011 - 2016

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Issues

General:

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

EEOC-centric:

EEOC Intervened in Private Suit