Case: EEOC v. Brookdale Living Communities of Texas, Inc.

1:02-cv-00627 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 27, 2002

Closed Date: Sept. 5, 2004

Clearinghouse coding complete

Case Summary

In September 2002, the EEOC district office of San Antonio, Texas filed this suit against Brookdale Living Communities of Texas, Inc. in the U.S. District Court for the Western District of Texas. The complaint alleges violations of Title VII of the Civil Rights Act of 1964 based upon failure to hire and reasonably accommodate due to an aggrieved individual's religion, Muslim. Soon after the initial scheduling conference the parties settled the case and moved for a consent decree.The consent d…

In September 2002, the EEOC district office of San Antonio, Texas filed this suit against Brookdale Living Communities of Texas, Inc. in the U.S. District Court for the Western District of Texas. The complaint alleges violations of Title VII of the Civil Rights Act of 1964 based upon failure to hire and reasonably accommodate due to an aggrieved individual's religion, Muslim. Soon after the initial scheduling conference the parties settled the case and moved for a consent decree.

The consent decree, entered in March of 2003, stated that the defendant must provide training for all of its employees concerning failure to hire and failure to reasonably accommodate an individual because of his or her religion. Further, the consent decree mandated the posting of EEOC required notices concerning all forms of employment discrimination. Also, the defendant had to establish a rigorous written complaint system that would enable other similarly situated employees to receive swift resolution to problems of reasonable accommodation or discrimination. In addition to the injunctive relief, the defendant had to pay the aggrieved employee $15,000 dollars in settlement of all claims relating to this litigation.

Summary Authors

Jason Chester (6/7/2007)

Documents in the Clearinghouse

Document

1:02-cv-00627

Docket (PACER)

EEOC v. Brookdale Living Communities Of Texas, Inc.

March 5, 2003

March 5, 2003

Docket
1

1:02-cv-00627

Complaint

EEOC v. Brookdale Living Communities Of Texas, Inc.

Sept. 27, 2002

Sept. 27, 2002

Complaint
21

1:02-cv-00627

Consent Decree

EEOC v. Brookdale Living Communities Of Texas, Inc.

March 5, 2003

March 5, 2003

Settlement Agreement
3

1:02-cv-00627

Plaintiff's First Amended Complaint

EEOC v. Brookdale Living Communities Of Texas, Inc.

May 10, 2007

May 10, 2007

Complaint
22

1:02-cv-00627

Final Judgment Order Entering Consent Decree

EEOC v. Brookdale Living Communities Of Texas, Inc.

May 10, 2007

May 10, 2007

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Sam Sparks (td) (Entered: 09/30/2002)

Sept. 27, 2002

Sept. 27, 2002

1

Complaint filed. Filing Fee: $ wv (Pages: 5) (td) (Entered: 09/30/2002)

Sept. 27, 2002

Sept. 27, 2002

2

Waiver of Service by Brookdale Living ; Notice and Request Mailed on 10/2/02 ; Answer due on 12/2/02 for Brookdale Living (mc2) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

3

Amended complaint by EEOC, amending complaint [1-1] (Pages: 5) (fe) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

4

Answer by Brookdale Living to amended complaint (td) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

5

Motion by Brookdale Living for Stephen B. Mead to appear pro hac vice (td) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

6

Motion by Brookdale Living for Christy E. Phanthavong to appear pro hac vice (td) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

Pro hac vice fee paid by Stephen B. Mead with Amount: $25.00 Receipt # 340633 (td) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

Pro hac vice fee paid by Christy E. Phanthavong with Amount: $25.00 Receipt #340634 (td) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

7

Motion by Brookdale Living for leave to file amended answer to first amended complaint instanter (rec'd amd ans) (td) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

8

Order that the parties confer and submit a proposed scheduling order to the Court by 2/4/03. (SS) (td) (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

9

Order granting motion for Stephen B. Mead to appear pro hac vice [5-1]. (SS) (td) (Entered: 12/12/2002)

Dec. 12, 2002

Dec. 12, 2002

10

Order granting motion for Christy E. Phanthavong to appear pro hac vice [6-1]. (SS) (td) (Entered: 12/12/2002)

Dec. 12, 2002

Dec. 12, 2002

11

Order granting motion for leave to file amended answer to first amended complaint instanter [7-1]. (SS) (td) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

12

Amended answer to pltf's first amended complaint by Brookdale Living (td) (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

13

Motion by EEOC to amend caption (td) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

14

Joint Recommendations for scheduling order by EEOC, Brookdale Living (fe) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

15

Notice of filing Joint Discovery/Case Management plan by EEOC, Brookdale Living (fe) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

16

Motion by EEOC to substitute attorney (Judith G. Taylor in place of Cynthia M. Cano) (td) (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

17

Order granting motion to substitute attorney (Judith G. Taylor in place of Cynthia M. Cano) [16-1]; Cynthia M. Cano terminated; Judith G. Taylor added signed by Honorable Sam Sparks. (td) Modified on 01/23/2003 (Entered: 01/23/2003)

Jan. 22, 2003

Jan. 22, 2003

18

Order granting motion to amend caption [13-1] signed by Honorable Sam Sparks. (td) (Entered: 01/23/2003)

Jan. 22, 2003

Jan. 22, 2003

20

Joint motion by EEOC, BLC of Texas - II to enter consent decree (td) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

21

Order granting joint motion to enter consent decree [20-1] Consent Decree filed, signed by Honorable Sam Sparks. (td) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

22

Final Judgment Order Entering Consent Decree signed by Honorable Sam Sparks (Pages: 1) (td) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

Case closed (td) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2002

Closing Date: Sept. 5, 2004

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

Brookdale Living Community of Texas, Inc. (Austin, Texas), Private Entity/Person

Case Details

Causes of Action:

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

Available 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: 15000

Order Duration: 2003 - 2004

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Hiring

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits