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

Docket (PACER)

March 5, 2003 Docket
1

Complaint

Sept. 27, 2002 Complaint
21

Consent Decree

March 5, 2003 Settlement Agreement
22

Final Judgment Order Entering Consent Decree

May 10, 2007 Settlement Agreement
3

Plaintiff's First Amended Complaint

May 10, 2007 Complaint

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

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

Sept. 27, 2002
1

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

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
3

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

Nov. 6, 2002
4

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

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
6

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

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

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

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
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
9

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

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
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
12

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

Dec. 19, 2002
13

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

Jan. 8, 2003
14

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

Jan. 13, 2003
15

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

Jan. 13, 2003
16

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

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
18

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

Jan. 22, 2003
20

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

Feb. 28, 2003
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
22

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

March 5, 2003

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

March 5, 2003

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — 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

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: 15000

Order Duration: 2003 - 2004

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Hiring

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits