Case: EEOC v. TRANSIT MIX CONCRETE

3:01-cv-01885 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 21, 2001

Closed Date: Jan. 4, 2002

Clearinghouse coding complete

Case Summary

The Dallas office of the EEOC brought this action in the U.S. District Office for the Northern District of Texas, against Transit Mix Concrete & Materials Company. The complaint, filed in September 2001, alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant subjected charging party to a racially hostile work environment and then filed to promote the charging party because of his race.

A consent decree was entered in January 2002 which provided for Defendant to pay the charging party $150,000 and provide him with a neutral employment reference. Defendant was enjoined from discriminating in violation of Title VII and required to post a notice of non-discrimination, provide anti-discrimination training to its managers and supervisors, and regularly report to the EEOC about its compliance with the decree.

Summary Authors

Elizabeth Glassman (7/9/2007)

Documents in the Clearinghouse

Document

3:01-cv-01885

Docket

EEOC v. Transit Mix Concrete

Jan. 4, 2002

Jan. 4, 2002

Docket
1

3:01-cv-01885

Complaint

EEOC v. Transit Mix Concrete

Sept. 21, 2001

Sept. 21, 2001

Complaint
4

3:01-cv-01885

Amended Complaint

EEOC v. Transit Mix Concrete

Oct. 11, 2001

Oct. 11, 2001

Complaint
9

3:01-cv-01885

Consent Decree

EEOC v. Transit Mix Concrete

Jan. 4, 2002

Jan. 4, 2002

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. (5) (jaw) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle (jaw) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

1

DEMAND for jury trial by plaintiff Equal Employment Opp (jaw) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

2

CERTIFICATE OF INTERESTED PERSONS by plaintiff Equal Employment Opportunity Commission. (2) (jaw) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

3

SUMMONS(ES) issued for defendant Transit Mix Concrete & Material Company. (Issued 1) (jaw) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

4

FIRST AMENDED COMPLAINT by plaintiff Equal Employment Opportunity Commission , amending [1-1] complaint. (6) (jaw) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

5

WAIVER OF SERVICE Returned Executed as to Transit Mix Concrete 10/2/01 Answer due on 12/3/01 for Transit Mix Concrete (2) (cxj) (Entered: 11/09/2001)

Nov. 8, 2001

Nov. 8, 2001

6

ANSWER to Complaint by defendant Transit Mix Concrete (Attorney David M Curtis, Robert L Rickman). (6) (jaw) (Entered: 11/28/2001)

Nov. 27, 2001

Nov. 27, 2001

7

SCHEDULING ORDER setting deadline for Amending of Pleadings on 4/5/02; Discovery cutoff is 6/4/02; Deadline for Joint Submission of dispositive motions is 6/26/02; Pretrial materials are due on 10/18/02; Pretrial conference is scheduled for 10:00 a.m. on 11/1/02 ; Docket call set for four-week docket beginning on 11/4/02. See scheduling order for specifics. (Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 12/10/01 Page(s): 11 (jaw) (Entered: 12/10/2001)

Dec. 7, 2001

Dec. 7, 2001

7

STATUS REPORT ORDER. Joint Status report due on 2/4/02. ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 12/10/01 Page(s): 11 (jaw) (Entered: 12/10/2001)

Dec. 7, 2001

Dec. 7, 2001

8

MEMORANDUM DIRECTING ADMINISTRATIVE CLOSURE (jrb) (Entered: 12/21/2001)

Dec. 20, 2001

Dec. 20, 2001

Case closed (jrb) (Entered: 12/21/2001)

Dec. 20, 2001

Dec. 20, 2001

9

ORDER/CONSENT DECREE See Consent Decree for specifics. (Signed by Judge Jerry Buchmeyer ) Copies to counsel: 01/07/02 Page(s) 8 (jaw) (Entered: 01/07/2002)

Jan. 4, 2002

Jan. 4, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2001

Closing Date: Jan. 4, 2002

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

Transit Mix Concrete & Materials Company (Belton, Rockdale, and Temple), 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: 150000

Order Duration: 2002 - 2004

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits