Case: EEOC v. APT REPAIRS INC

4:05-cv-03366 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 29, 2005

Closed Date: March 20, 2008

Clearinghouse coding complete

Case Summary

In September 2005, the Houston District Office of the EEOC brought this suit against Apt. Repairs, Inc. in the U.S. District Court for the Southern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant allegedly terminated the charging party's employment because she was pregnant. After some scheduling orders and a scheduling conference, the parties settled through a consent decree in March 2006. Th…

In September 2005, the Houston District Office of the EEOC brought this suit against Apt. Repairs, Inc. in the U.S. District Court for the Southern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant allegedly terminated the charging party's employment because she was pregnant. After some scheduling orders and a scheduling conference, the parties settled through a consent decree in March 2006.

The two-year decree contained non-discrimination and non-retaliation clauses and required the defendant to: expunge the charging party's personnel file from all references to the charges of discrimination, provide her with a positive employment reference, and pay her $10,230. In addition, the defendant agreed that if at any point it engaged in the business of providing cleaning services, which it did not currently do, then it would post a non-discrimination notice and maintain a list of all pregnant employees who leave their employment. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Justin Kanter (7/31/2007)

Documents in the Clearinghouse

Document

4:05-cv-03366

Docket (PACER)

EEOC v. APT Repairs Inc

March 20, 2006

March 20, 2006

Docket
1

4:05-cv-03366

Original Complaint

EEOC v. APT Repairs Inc

Sept. 29, 2005

Sept. 29, 2005

Complaint
12-2

4:05-cv-03366

Consent Decree

EEOC v. APT Repairs Inc

March 20, 2006

March 20, 2006

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Equal Employment Opportunity Commission (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) Additional attachment(s) added on 9/29/2005 (mmapps, ). (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

Summons Issued as to Equal Employment Opportunity Commission , filed.(lfilmore, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/12/2006 at 10:00 AM in Courtroom 702 before Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (lfilmore, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

3

Unopposed MOTION to Substitute Attorney Aimee L. McFerren in place of Kathy D. Boutchee by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/2/2005. (Attachments: # 1 Proposed Order)(McFerren, Aimee) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

4

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

5

ANSWER to Complaint with Jury Demand by APT Repairs Inc, filed.(kmurphy, ) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

6

ORDER granting 3 Motion to Substitute Attorney .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 10/20/2005)

Oct. 17, 2005

Oct. 17, 2005

7

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed. (Attachments: # 1 defense counsel signature)(McFerren, Aimee) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

8

Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 1/12/2006. Scheduling order issued. Appearances: William C Boyd, Aimee Lynn McFerren.(ERO:R.Konieczny), filed.(rkonieczny ) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

9

SCHEDULING ORDER: Trial Term: March/April 2007. ETT: 3 days. Jury trial Amended Pleadings due by 5/1/2006 Joinder of Parties due by 2/1/2006 Pltf Expert Witness List due by 4/3/2006 Deft Expert Witness List due by 5/1/2006 Discovery due by 10/31/2006 Dispositive Motion Filing due by 11/30/2006 Non-Dispositive Motion Filing due by 11/30/2006 Joint Pretrial Order due by 2/23/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

10

DEFENDANT'S RULE 26A Disclosures by APT Repairs Inc, filed.(mkallie, ) (Entered: 01/19/2006)

Jan. 18, 2006

Jan. 18, 2006

11

DEFENDANT'S DISCLOUSRE of Interested Parties by APT Repairs Inc, filed.(mkallie, ) (Entered: 01/19/2006)

Jan. 18, 2006

Jan. 18, 2006

12

Agreed MOTION for Settlement by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/6/2006. (Attachments: # 1 Consent Decree)(McFerren, Aimee) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

13

CONSENT DECREE .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

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: Sept. 29, 2005

Closing Date: March 20, 2008

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

Apt. Repairs, Inc. (Houston, TX), 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: 10230

Order Duration: 2006 - 2008

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits