Filed Date: May 18, 2005
Closed Date: 2006
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On May 18, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Southern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Phoenix Industrial, Inc. and Phoenix Services. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant subjected the complainant to a racially hostile work environment because of his race, Black, and then discharged the complainant in retaliation for his opposition to the racially hostile work environment.
On August 15, 2006, the District Court (Judge Hayden Head) entered a consent decree where the defendant, among other things, agreed to pay the complainant $16,000.
Summary Authors
Perry Miska (5/9/2014)
Head, Hayden Wilson Jr. (Texas)
Sustaita, Rodolfo Lucio (Texas)
Morris, Richard A. (Texas)
Last updated March 23, 2025, 9:24 a.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Key Dates
Filing Date: May 18, 2005
Closing Date: 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of a black employee who was retaliated against for complaining about being subjected to a racially hostile work environment.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Phoenix Industrial Service, Inc., Private Entity/Person
Phoenix Services, Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Expungement of Employment Record
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Amount Defendant Pays: 16,000
Order Duration: 2006 - 2007
Issues
General/Misc.:
Discrimination Area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Race(s):
EEOC-centric: