Case: EEOC v. Neatherlin Homes

5:04-cv-00788 | U.S. District Court for the Western District of Texas

Filed Date: Aug. 31, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's San Antonio district office filed suit against Neatherlin Homes, Inc., a Texas house construction company, on August 31, 2004 in the U.S. District Court for the Western District of Texas. The EEOC's complaint alleged that Neatherlin violated Title VII when it discriminated against one of its employees based on sex (female) when it terminated her from a sales position because of her pregnancy. After the EEOC forewent ADR, the parties settled the suit and the court entered a consent decree on August 18, 2005. The consent decree enjoined Neatherlin from engaging in future sexual discrimination, required both Title VII compliance training of all of Neatherlin's managerial and supervisory staff, the posting of a notice of compliance with Title VII, and stipulated that the aggrieved employee would receive $65,000 in monetary damages.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Aaron Weismann (6/1/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment v. Neatherlin Homes, Inc.

Aug. 18, 2005 Docket
1

Complaint

Equal Employment Opportunity Commission v. Neatherlin Homes, Inc.

Aug. 31, 2004 Complaint
17

Consent Decree

Equal Employment Opportunity Commission v. Neatherlin Homes, Inc.

Aug. 18, 2005 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Case assigned to Hon. W. R. Furgeson Jr. (ep) (Entered: 08/31/2004)

Aug. 31, 2004

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (ep) (Entered: 08/31/2004)

Aug. 31, 2004
1

Complaint filed. (Pages: 5) (ep) (Entered: 08/31/2004)

Aug. 31, 2004
2

Demand for jury trial by Equal Employment (ep) (Entered: 08/31/2004)

Aug. 31, 2004
3

Waiver of Service by Neatherlin Homes, In ; Notice and Request Mailed on 9/8/04 ; Answer due on 12/7/04 for Neatherlin Homes, In (tm) (Entered: 10/13/2004)

Oct. 12, 2004
4

Non-consent to proceed before a U.S. Magistrate by Equal Employment (tm) (Entered: 10/22/2004)

Oct. 21, 2004
5

Answer by Neatherlin Homes, In (tm) (Entered: 11/09/2004)

Nov. 8, 2004
6

Order and Advisory: parties shall submit a proposed scheduling order to the Court by 1/18/05 and whether or not they consent to a Magistrate Judge jurisdiction within 30 days of the filing date of this order signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 11/16/2004)

Nov. 15, 2004
7

Non-consent to proceed before a U.S. Magistrate by Equal Employment (sj) (Entered: 12/09/2004)

Dec. 8, 2004
8

Notice of filing by Equal Employment and Neatherlin Homes, Inc. regarding report of parties' rule 26(f) joint discovery/case management plan (tm) Modified on 12/10/2004 (Entered: 12/10/2004)

Dec. 9, 2004
9

Non-consent to proceed before a U.S. Magistrate by Neatherlin Homes, Inc. (tm) (Entered: 12/10/2004)

Dec. 9, 2004
10

Recommendations for scheduling order by Equal Employment, Neatherlin Homes, In (tm) (Entered: 01/07/2005)

Jan. 6, 2005
11

Scheduling order setting ; Alternate Dispute Resolution Report due by 2/7/05, Joining of parties, amending of pleadings on 4/10/05, Discovery cutoff 7/28/05, Deadline for filing of all dispositive motions 8/25/05 ; Jury Selection set for 9:00 12/5/05 ; Jury trial set for 9:00 12/5/05 signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 01/12/2005)

Jan. 11, 2005
12

Alternate Dispute Resolution Report filed by Equal Employment, Party (s) do not agree to Alternate Dispute Resolution (tm) (Entered: 02/02/2005)

Feb. 1, 2005
13

Alternate Dispute Resolution Report filed by Neatherlin Homes, In, Party (s) agree to Alternate Dispute Resolution (tm) (Entered: 02/09/2005)

Feb. 8, 2005
14

Designation of expert witness filed by Equal Employment (tm) (Entered: 04/29/2005)

April 28, 2005
15

Joint notice by Equal Employment, Neatherlin Homes, In of: pending settlement (tm) (Entered: 08/08/2005)

Aug. 5, 2005
16

Joint motion by Equal Employment, Neatherlin Homes, In to enter consent decree (tm) (Entered: 08/16/2005)

Aug. 15, 2005
17

Consent Decree: granting joint motion to enter consent decree [16-1] signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 08/19/2005)

Aug. 18, 2005

Case closed (tm) (Entered: 11/02/2005)

Aug. 18, 2005

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 31, 2004

Closing Date: 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

Neatherlin Homes, Inc. (San Antonio), 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: 65000

Order Duration: 2005 - 2007

Content of Injunction:

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits