Case: EEOC v. BROOKSHIRE GROCERY COMPANY

5:06-cv-00115 | U.S. District Court for the Eastern District of Texas

Filed Date: May 30, 2006

Closed Date: March 1, 2009

Clearinghouse coding complete

Case Summary

In May 2006, the EEOC district office in Dallas, Texas brought this suit against the Brookshire Grocery Company, a general food store, in the U.S. District Court for the Eastern District of Texas. The complaint was brought on behalf of a woman who had Hepatitis C and alleged that the defendant violated Title I of the American with Disabilities Act of 1990 (ADA) when it subjected the complainant, a deli worker, to an unlawful medical exam/inquiry, demoted her, then constructively discharged her…

In May 2006, the EEOC district office in Dallas, Texas brought this suit against the Brookshire Grocery Company, a general food store, in the U.S. District Court for the Eastern District of Texas. The complaint was brought on behalf of a woman who had Hepatitis C and alleged that the defendant violated Title I of the American with Disabilities Act of 1990 (ADA) when it subjected the complainant, a deli worker, to an unlawful medical exam/inquiry, demoted her, then constructively discharged her because of her disability.

The charging party intervened, and all parties agreed to proceed in front of a magistrate. The EEOC fought for and was awarded a protective order allowing the suit to be brought without identifying the complainant's real name.

In March 2007, the case was settled. In a consent decree, the parties agreed that the defendant would refrain from discriminating on the basis of disability, revise its "Sick Partners" policy, issue a neutral reference letter, expunge the complainant's employee files, pay the complainant $50,000, ensure that it was correct if it terminated anyone for having a communicable disease, post EEO notices, provide EEO training to all its employees, and submit a compliance reports. No fees or costs were awarded. The terms of the decree run for two years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Jason Chester (7/3/2007)

People


Judge(s)

Craven, Caroline M. (Texas)

Judge(s)

Craven, Caroline M. (Texas)

Documents in the Clearinghouse

Document

5:06-cv-00115

Docket

EEOC v. Brookshire Grocery Company

March 1, 2007

March 1, 2007

Docket
1-1

5:06-cv-00115

Complaint

EEOC v. Brookshire Grocery Company

May 30, 2006

May 30, 2006

Complaint
12

5:06-cv-00115

Order [Regarding Plaintiff's Motion for Protective Order]

EEOC v. Brookshire Grocery Company

July 24, 2006

July 24, 2006

Order/Opinion
20

5:06-cv-00115

Order [Regarding Plaintiff's Motion for Protective Order - After Previous Order Vacated]

EEOC v. Brookshire Grocery Company

Oct. 23, 2006

Oct. 23, 2006

Order/Opinion
32

5:06-cv-00115

Consent Decree

EEOC v. Brookshire Grocery Company

March 1, 2007

March 1, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 14, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Brookshire Grocery Company , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(rml, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

2

APPLICATION to Appear Pro Hac Vice by Attorney Leticia Dominguez for Equal Employment Opportunity Commission. (rml, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

3

MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(rml, ) Modified on 7/6/2006 (mpv, ). ***REFERRED TO JUDGE CRAVEN*** (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

4

Magistrate Consent Form Mailed to Equal Employment Opportunity Commission (rml, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

5

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Brookshire Grocery Company waiver sent on 5/30/2006, answer due 7/31/2006. (mpv, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

6

ORDER REFERRING MOTION: 3 MOTION for Protective Order filed by Equal Employment Opportunity Commission, to US Magistrate Judge Caroline M Craven. Signed by Judge David Folsom on 7/6/06. (mpv, ) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

8

Defendant's Original ANSWER to Complaint with Jury Demand by Brookshire Grocery Company.(Miller, A) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

Magistrate Consent Form EMailed to Brookshire Grocery Company (sm, ) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

9

ORDER TO CONDUCT RULE 26(f) CONFERENCE Rule 26 Meeting Report due by 9/11/2006.. Signed by Judge David Folsom on 7/17/06. (mrm, ) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

10

CONSENT to Proceed Before US Magistrate Judge by Equal Employment Opportunity Commission, Brookshire Grocery Company. Case reassigned to Magistrate Judge Caroline Craven. (mpv, ) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

11

ORDER assigning case to Judge Craven by consent of the parties for all further proceedings and entry of judgment. Signed by Judge David Folsom on 7/19/06. (mpv, ) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

12

***VACATED PER ORDER #14*** ORDER granting 3 Motion for Protective Order. ORDERED that Pla may proceed with this litigation without revealing the real name of the individual on whose claims its lawsuit is based. It is further ORDERED that all other parties are prohibited from revealing that name, and the individual on whose claims Pla's lawsuit is based shall be referred to as "Jane Doe" throughout this litigation . Signed by Judge Caroline Craven on 7/24/06. (mpv, ) Modified on 10/23/2006 (mpv, ). (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

13

MOTION for Reconsideration re 12 Order on Motion for Protective Order, Defendant's Unopposed Motion to Allow Filing of Response and Motion for Reconsideration of Order Granting Protective Order by Brookshire Grocery Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

14

ORDER granting 13 Motion to allow filing of response and Motion for Reconsideration re 12 Order on Motion for Protective Order. Dft is allowed to file its Respose to Plaintiff's Motion for Protective Order to Protect Identity of Individual on Whose claims its Lawsuit is Based, and the Court's Order granting that Motion #12 is hereby set aside pending the court's review fof Defendant's Response. Signed by Judge Caroline Craven on 7/27/06. (mpv, ) Modified on 10/23/2006 (mpv, ). (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

15

RESPONSE to Motion re 3 MOTION for Protective Order Defendant's Response to Plaintiff's Motion for Protective Order to Protect the Identity of Individual on Whose Claims Its Lawsuit is Based filed by Brookshire Grocery Company. (Miller, A) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

16

REPLY to Response to Motion re 3 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Dominguez, Leticia) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

18

NOTICE of Disclosure by Brookshire Grocery Company (Miller, A) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

19

NOTICE of Disclosure by Equal Employment Opportunity Commission (Dominguez, Leticia) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

20

ORDER granting 3 Motion for Protective Order. ORDERED that Plaintiff Equal Employment Opportunity Commission's Motion for Protective Order to Protect Identity of Individual on Whose Claims its Lawsuit is Based is GRANTED. It is further ORDERED that Plaintiff may proceed with this litigation without revealing the real name of the individual on whose claims its lawsuit is based. It is further ORDERED that all other parties are prohibited from revealing that name, and the individual on whose claims Plaintiff's lawsuit is based shall be referred to as "Jane Doe" throughout this litigation . Signed by Judge Caroline Craven on 10/23/06. (mpv, ) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

21

MOTION Agreed Motion for Entry of Agreed Scheduling Order by Brookshire Grocery Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

22

SCHEDULING ORDER: Final Pretrial Conference set for 6/18/2007 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Amended Pleadings due by 3/2/2007. Discovery due by 3/2/2007. Joinder of Parties due by 2/2/2007. Jury Selection set for 6/19/2007 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Mediation Completion due by 3/16/2007. Dispositive Motions due by 4/2/2007. Proposed Pretrial Order due by 5/18/2007.. Signed by Judge Caroline Craven on 11/9/2006. (sm, ) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

23

AMENDED ANSWER to Plaintiff's 1 Complaint by Brookshire Grocery Company. (Miller, A) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

24

***FILED IN ERROR; PLEASE IGNORE*** MOTION to Intervene Plea in Intervention by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Wood, Marshall) Modified on 12/6/2006 (mpv, ). (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

NOTICE of Deficiency regarding the MOTION to Intervene Plea in Intervention #24 submitted Motion not filed. Atty must refile. Correction should be made by one business day. (mpv, ) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

25

MOTION to Intervene Plea in Intervention by Jane Doe. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Text of Proposed Order)(Wood, Marshall) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

26

NOTICE of Attorney Appearance by Cyndia M Hammond on behalf of Jane Doe (Hammond, Cyndia) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

27

ORDER granting 25 Motion to Intervene (per Local Rule 7(j) movant shall now file document). Signed by Judge Caroline Craven on 1/16/07. (mpv, ) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

29

NOTICE of Disclosure by Brookshire Grocery Company First Supplemental Disclosure (Miller, A) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

30

NOTICE of Disclosure by Jane Doe (Hammond, Cyndia) (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

31

SETTLEMENT AGREEMENT Consent Decree by Brookshire Grocery Company. (Miller, A) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

32

JUDGMENT/CONSENT DECREE . Signed by Judge Caroline Craven on 3/1/07. (mpv, ) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

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: May 30, 2006

Closing Date: March 1, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Brookshire Grocery Company, 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: 50000

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Expungement of Employment Record

Provide antidiscrimination training

Reporting

Monitoring

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit