Case: EEOC v. LUBY'S INC

2:04-cv-01094 | U.S. District Court for the District of Arizona

Filed Date: May 27, 2004

Closed Date: Oct. 19, 2007

Clearinghouse coding complete

Case Summary

In May 2004, the Phoenix District Office of the EEOC brought this suit against Luby's Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint. However, according to the consent decree and a court order in the case, the complaint alleged that the defendant violated the American with Disabilities Act of 1990 ("ADA") by discriminating against the charging party, an employee with an intellectual disability. Specifically, the defendant failed to reasona…
In May 2004, the Phoenix District Office of the EEOC brought this suit against Luby's Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint. However, according to the consent decree and a court order in the case, the complaint alleged that the defendant violated the American with Disabilities Act of 1990 ("ADA") by discriminating against the charging party, an employee with an intellectual disability. Specifically, the defendant failed to reasonably accommodate the charging party's disability and subjected her to harassment, resulting in her constructive discharge. The charging party intervened in the suit in August 2004. After some discovery, the EEOC filed a partial motion for summary judgment in August 2005, and the defendant filed a complete motion for summary judgment that same day. Both of these motions were granted in part and denied in part in December 2005. After some more discovery, the parties finally settled in April 2006 through a consent decree. The eighteen-month decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide annual ADA training to its employees, post and distribute its anti-discrimination policies, report to the EEOC every six months, and pay $60,000 for the charging party's attorneys' fees. In addition, the defendant agreed to: send the charging party a letter of apology, provide her with a neutral employment reference, expunge her personnel file of all references to the charge of discrimination, apologize to her, and pay her $90,000.The decree was entered in April 2006 and scheduled to last until October 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (6/26/2007)

Clearinghouse (11/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4631183/parties/eeoc-v-lubys-inc/

Judge(s)

Campbell, David G. (Arizona)

Attorney for Plaintiff

Chen, Tin-Tin Diana (Arizona)

Attorney for Defendant

Birnbaum, Gary L. (Arizona)

Brockelman, Kent (Arizona)

Expert/Monitor/Master/Other

Daley-Rooney, Rose Ann (Arizona)

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Documents in the Clearinghouse

Document

2:04-cv-01094

Docket

EEOC v. Luby's Inc

May 9, 2006

May 9, 2006

Docket
189

2:04-cv-01094

Order [Regarding Motions for Partial Summary Judgment]

EEOC v. Luby's Inc

Dec. 29, 2005

Dec. 29, 2005

Order/Opinion

2005 WL 3560616

268

2:04-cv-01094

Consent Decree

EEOC v. Luby's Inc

April 19, 2006

April 19, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4631183/eeoc-v-lubys-inc/

Last updated Aug. 18, 2025, 12:36 a.m.

ECF Number Description Date Link Date / Link
189

ORDER granting in part and denying in part 168 Motion for Partial Summary Judgment, granting in part and denying in part 172 Motion for Summary Judgment. Signed by Judge David G Campbell on 12-29-05. (DGC,nvj)

Dec. 29, 2005

Dec. 29, 2005

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 27, 2004

Closing Date: Oct. 19, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Luby's Inc. , Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Content of Injunction:

Apology

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Amount Defendant Pays: 150000

Order Duration: 2006 - 2007

Issues

General/Misc.:

Retaliation

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit