Case: EEOC v. Arizona Public Service

6:06-cv-00865 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 14, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In September 2006, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged the defendant terminated the complainant's employment at a power plant due to a perceived disability. Following some discovery, the parties settled the lawsuit in June 2007 t…

In September 2006, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged the defendant terminated the complainant's employment at a power plant due to a perceived disability. Following some discovery, the parties settled the lawsuit in June 2007 through a consent decree.

The three-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, allow the EEOC access for monitoring, reinstate the complaining party to his previous position, expunge the complainant's personnel record, post and distribute notice of employee rights, provide EEO training, and pay $125,000 to the complaining party. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Daisy Manning (5/13/2008)

Documents in the Clearinghouse

Document

6:06-cv-00865

Docket (PACER)

June 11, 2007

June 11, 2007

Docket
1

6:06-cv-00865

Complaint

Sept. 14, 2006

Sept. 14, 2006

Complaint
17

6:06-cv-00865

Consent Decree

June 11, 2007

June 11, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for employment discrimination w/jury demand (2 Summons(es) issued) (referred to Chief Magistrate Lorenzo F. Garcia) (eh) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

2

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Atlantic Group, The on 11/3/06* (dmw) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

3

ENTRY OF APPEARANCE for defendants by Sarah M. Singleton* (dmw) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

4

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Arizona Public Service Company on 11/3/06 (dmw) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

5

INITIAL SCHEDULING ORDER by Chief Magistrate Lorenzo F. Garcia Telephonic Rule 16 scheduling conference set on 1/9/07 @ 9:00 am; provisional discovery plan & IPTR due 1/4/07 (cc: all counsel)* (dmw) (Entered: 11/15/2006)

Nov. 14, 2006

Nov. 14, 2006

6

ANSWER by defendant Arizona Public [1-1]* (dmw) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

7

ANSWER by defendant Atlantic Group, The [1-1]* (dmw) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

8

ORDER by Chief Magistrate Lorenzo F. Garcia directing submission of the JSR on 1/4/07 (cc: all counsel)* (dmw) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

9

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Initial Disclosures (Medina, Loretta) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

10

CERTIFICATE OF SERVICE by Arizona Public Service Company, Atlantic Group, The for Initial Disclosures (Singleton, Sarah) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

11

Joint Status Report by Equal Employment Opportunity Commission. (Medina, Loretta) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

12

Clerk's Minutes for proceedings held before Judge Lorenzo F. Garcia: Telephonic Scheduling Conference held 1/9/2007 at 9:00. (lm) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

13

Scheduling Order and Temporary Stay of Discovery [30 days] by Judge Lorenzo F. Garcia Discovery due by 7/9/2007. Motions due by 8/9/2007. Proposed Pretrial Order due by 10/9/2007. (lm) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

14

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Supplemental Initial Disclosures (Medina, Loretta) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

16

NOTICE by Equal Employment Opportunity Commission Notice Of Unavailability (Medina, Loretta) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

17

CONSENT DECREE by Judge Martha Vazquez (jmg) (Entered: 06/14/2007)

June 11, 2007

June 11, 2007

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 14, 2006

Closing Date: 2010

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

The Atlantic Group (Fruitland, New Mexico), Private Entity/Person

Arizona Public Service Company (Fruitland, New Mexico), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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: 125000

Order Duration: 2007 - 2010

Content of Injunction:

Reinstatement

Discrimination Prohibition

Expungement of Employment Record

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits