Case: EEOC v. Frontier Materials Concrete

4:03-cv-00856 | U.S. District Court for the Southern District of Texas

Filed Date: March 10, 2003

Closed Date: March 2, 2007

Clearinghouse coding complete

Case Summary

In March 2003, the Houston District Office of the EEOC brought this suit against Frontier Materials Company, Inc. in the U.S. District Court for the Southern District of Texas. We do not have a copy of the complaint. However, it appears from the consent decree that the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by failing to promote and appropriately compensate the charging party, an African-American employee, because of his race. After some disco…

In March 2003, the Houston District Office of the EEOC brought this suit against Frontier Materials Company, Inc. in the U.S. District Court for the Southern District of Texas. We do not have a copy of the complaint. However, it appears from the consent decree that the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by failing to promote and appropriately compensate the charging party, an African-American employee, because of his race. After some discovery, the defendant filed a motion for partial summary judgment in December 2003 which was denied in January 2004. Thereafter, the EEOC filed a motion for partial summary judgment in February. However, the EEOC's motion was never resolved because the parties settled through a consent decree in early March 2004.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a non-discrimination notice, provide EEO training for its managers in the Houston area, report to the EEOC at specified intervals, distribute the required notice to its managers, provide the charging party with a neutral employment reference, and pay $45,000 to the charging party.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (7/2/2007)

Documents in the Clearinghouse

Document

4:03-cv-00856

Docket [PACER]

EEOC v. Frontier Materials

March 1, 2004

March 1, 2004

Docket
13

4:03-cv-00856

Order [Denying Partial Summary Judgment]

EEOC v. Frontier Materials Company, Inc.

Jan. 29, 2004

Jan. 29, 2004

Order/Opinion
16

4:03-cv-00856

Consent Decree

EEOC v. Frontier Materials Company, Inc.

March 2, 2004

March 2, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 7, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Equal Employment Opp filed; (bchurchill) (Entered: 03/12/2003)

March 10, 2003

March 10, 2003

2

Order setting Initial Pretrial and Scheduling Conference on 3:45 6/23/03 by telephone before Judge Kenneth M. Hoyt and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 03/12/2003)

March 10, 2003

March 10, 2003

1 SUMMONS issued for Frontier Materials (bchurchill) (Entered: 03/12/2003)

March 10, 2003

March 10, 2003

3

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opp , filed. (sfedele) (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

4

RETURN OF SERVICE executed as to Frontier Materials 3/18/03 filed. Answer due on 4/7/03 for Frontier Materials (psmith) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

5

ANSWER to Complaint by Frontier Materials (Added attorney Lionel M Schooler), filed. (psmith) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

6

CERTIFICATE OF INTERESTED PARTIES by Frontier Materials , filed. (psmith) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

7

JOINT DISCOVERY/Case Management Plan by Equal Employment Opp, Frontier Materials , filed. (sfedele) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

8

ORDER following telephone scheduling conference setting Pltf expert witness list submitted by 10/30/03 ; Report furnished by 10/30/03; Deft expert witness list submitted by 11/30/03 Report furnished by 11/30/03; Discovery cutoff 1/31/04 ; Deadline for filing all dispositive motions 1/31/04 ;Joint Pretrial order to be submitted on or before 3/1/04 ; Docket call deadline 3/1/04 at 11:30 AM; before Judge Kenneth M. Hoyt , entered. Jury Trial. Initial disclosures due on or before 6/30/03. Parties notified. Trial Term: 4-5 days ( Signed by Judge Kenneth M. Hoyt ) (sfedele) (Entered: 06/25/2003)

June 24, 2003

June 24, 2003

Deadline updated; Initial disclosures due on or before 6/30/03 (sfedele) (Entered: 06/27/2003)

June 24, 2003

June 24, 2003

9

MOTION to quash deposition by American Horizon, Motion Docket Date 12/3/03 [9-1] motion , filed. (sfedele) (Entered: 11/18/2003)

Nov. 13, 2003

Nov. 13, 2003

10

ORDER ; granting American Hrizon Concrete, Inc's [9-1] motion to quash deposition , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (kprice) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

11

MOTION for partial summary judgment on issue of post-employment backpay by Frontier Materials, Motion Docket Date 1/11/04 [11-1] motion , filed. (khightower) (Entered: 12/29/2003)

Dec. 22, 2003

Dec. 22, 2003

12

RESPONSE by Equal Employment Opp to Deft's [11-1] motion for partial summary judgment on issue of post-employment backpay , filed. (dhansen) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

14

MOTION for partial summary judgment by Equal Employment Opp, Motion Docket Date 2/22/04 [14-1] motion , filed. (sfedele) (Entered: 02/04/2004)

Feb. 2, 2004

Feb. 2, 2004

15

AGREED MOTION for entry of consent decree by Equal Employment Opp, Frontier Materials , filed. (sfedele) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

16

CONSENT DECREE, entered; Parties notified ( signed by Judge Kenneth M. Hoyt ) (amaly) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

Case closed (amaly) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 10, 2003

Closing Date: March 2, 2007

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

Frontier Materials Company, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 45000

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Expungement of Employment Record

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits