Case: EEOC v. UNIVERSITY OF THE INCARNATE WORD

5:99-cv-01090 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 30, 1999

Closed Date: April 19, 2001

Clearinghouse coding complete

Case Summary

The San Antonio District Office of the EEOC brought this suit against the University of the Incarnate Word, in September 1999, in the U.S. District Court for the Western District of Texas. The suit was based on discrimination against eighteen housekeepers based on their national origin. Hispanic employees were forced to speak English only at all times when at work, and were subject to harsh treatment if they violated this rule. The case settled after three postponements of the trial date and…

The San Antonio District Office of the EEOC brought this suit against the University of the Incarnate Word, in September 1999, in the U.S. District Court for the Western District of Texas. The suit was based on discrimination against eighteen housekeepers based on their national origin. Hispanic employees were forced to speak English only at all times when at work, and were subject to harsh treatment if they violated this rule. The case settled after three postponements of the trial date and numerous summary judgment claims.

The consent decree entered on April 19, 2001 became the largest monetary award for an English-only case according to the EEOC. The total monetary compensation was around $2.44 million dollars. The first million was to be paid to each of the 18 employees in the class represented by the EEOC. The final $1.44 million was to come in the form of vouchers to each of the members of the class for a free education at the University of the Incarnate Word. Each of the employees, or their close relative, would get 8 free semesters of enrollment at the school. The Decree contained injunctive relief as well as monetary relief. The University was prohibited from discriminating based on national origin or having an English-only rule for three years. In addition they had to implement an anti-harassment program, a complaint procedure, and train their employees on national origin harassment.

Summary Authors

Kevin Wilemon (6/5/2007)

Documents in the Clearinghouse

Document

5:99-cv-01090

Docket (PACER)

May 25, 2004

May 25, 2004

Docket
135

5:99-cv-01090

Consent Decree

EEOC v. University of the Incarnate Word

April 19, 2001

April 19, 2001

Settlement Agreement
135

5:99-cv-01090

Final Judgment Order Entering Consent Decree

April 19, 2001

April 19, 2001

Order/Opinion

5:99-cv-01090

EEOC Settles English-Only Suit for $2.44 Million against University of Incarnate Word

EEOC v. University of the Incarnate Word

No Court

April 20, 2001

April 20, 2001

Press Release

5:99-cv-01090

Combined Annual Reports Fiscal Years 1999- 2001

No Court

May 17, 2007

May 17, 2007

Press Release

Resources

Docket

Last updated Aug. 11, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Orlando L. Garcia (wg) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

1

Complaint filed. (Pages: 8) (wg) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

1

Demand for jury trial by EEOC (wg) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

2

ORDER Referring Case to a U.S. Magistrate Judge for disposition of all pretrial matters. (tr) (Entered: 10/14/1999)

Oct. 13, 1999

Oct. 13, 1999

Case referred to Honorable John W. Primomo (wg) (Entered: 10/14/1999)

Oct. 13, 1999

Oct. 13, 1999

3

Waiver of Service by University of the IW ; Notice and Request Mailed on 10/20/99 ; Answer due on 12/20/99 for University of the IW (tr) (Entered:

Nov. 1, 1999

Nov. 1, 1999

5

Jointe Recommendations for scheduling order by University of the IW, EEOC (tr) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

6

SCHEDULING ORDER and ORDER Concerning Consent Trials, Discovery, Pretrial Matters, and Pretrial Order: setting Joining of parties, amending of pleadings on 4/20/00; Deadline for filing of all motions 10/2/00; Discovery cutoff 8/31/00; Pretrial order to be submitted on or before 11/27/00; Alternate Dispute Resolution Report due by 3/20/00; Jury Selection set for 9:00 12/11/00; Jury trial set for 9:00 12/11/00; Consent to Trial by Magistrate due by 3/20/00 (tr) (Entered: 01/24/2000)

Jan. 21, 2000

Jan. 21, 2000

7

Notice of attorney appearance for EEOC by Javier N. Maldonado (fe) (Entered: 02/02/2000)

Feb. 2, 2000

Feb. 2, 2000

8

Designation of potential witnesses by EEOC (fe) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

9

Designation of Potential Witnesses by University of the IW (tr) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

10

Alternate Dispute Resolution Report filed by EEOC, ; Party(s) do not agree to Alternate Dispute Resolution (tr) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

11

Consent to trial by Magistrate by EEOC (tr) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

12

Non−consent to proceed before a U.S. Magistrate by University of the IW (tr) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

13

Alternate Dispute Resolution Report filed by University of the IW, ; Party(s) do not agree to Alternate Dispute Resolution (tr) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

14

Motion by University of the IW for protective order on subpoena to Amalia Mondriguez's , and to quash the subpoena to Amalia Mondriguez's deposition (tr) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

15

ORDER denying motion for protective order on subpoena to Amalia Mondriguez's [14−1], denying motion to quash the subpoena to Amalia Mondriguez's deposition [14−2] (tr) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

16

Response by EEOC in opposition to motion for protective order on subpoena to Amalia Mondriguez's [14−1], motion to quash the subpoena to Amalia Mondriguez's deposition [14−2] (tr) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

17

Motion by University of the IW for leave to file first amended answer attached as exhibit A (lp) (Entered: 04/24/2000)

April 20, 2000

April 20, 2000

18

Partially opposed motion by EEOC for leave of court to amend original complaint (fe) (Entered: 04/24/2000)

April 20, 2000

April 20, 2000

Received "Plaintiff's First Amended Complaint". (fe) (Entered: 04/24/2000)

April 20, 2000

April 20, 2000

19

ORDER granting motion for leave of court to amend original complaint [18−1] (tr) (Entered: 04/27/2000)

April 26, 2000

April 26, 2000

20

ORDER granting motion for leave to file first amended answer attached as exhibit A [17−1] (tr) (Entered: 04/27/2000)

April 26, 2000

April 26, 2000

21

First Amended Answer by University of the IW : answer [4−1] (tr) (Entered: 04/27/2000)

April 26, 2000

April 26, 2000

22

First Amended Complaint by EEOC , amending complaint [1−1] (Pages: 8) (tr) (Entered: 04/27/2000)

April 26, 2000

April 26, 2000

23

Designation of expert witness and expert report filed by EEOC (tr) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

RECEIVED "Defendant's Second Amended Answer and Affirmative Defenses" (tr) (Entered: 05/08/2000)

May 5, 2000

May 5, 2000

25

ORDER granting motion for leave to file second amended answer [24−1] (tr) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

26

Second Amended Answer by University of the IW : answer [4−1] (tr) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

27

Motion by University of the IW to quash , and for protective order (fe) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

28

ORDER denying motion to quash [27−1], denying motion for protective order [27−2] It is ORDERED that discovery take palce on such terms and conditions as are just. In additiona, because the UIW ahs acted in disregard of the Rules of Federal Procedure, the Local Rules, and of professional courtesy, it is ORDERED to show cause why sanctions should not be issued. (tr) (Entered: 05/31/2000)

May 30, 2000

May 30, 2000

29

Notice of Appeal (to the District Court) of Order denying defendant's motion to quash and motion for protective order [28−1] (tr) (Entered: 06/01/2000)

May 31, 2000

May 31, 2000

30

Opposition and Response by EEOC Defendant's Notice of Appeal of Order Denying Defendant's Motion to Quash and Motion for Quash and Motion for Protection Order [29−1] (tr) (Entered: 06/06/2000)

June 6, 2000

June 6, 2000

31

Motion by University of the IW to strike plaintiff's opposition and response to defendant's notice of appeal of order denying defendant's motion to quash and for protective order (tr) Modified on 06/20/2000 (Entered: 06/12/2000)

June 9, 2000

June 9, 2000

32

Reply by University of the IW to Plaintiff's Opposition and Response to Defendant's Notice of Appeal of Order Denying Defendant's Motion to Quash and Motion for Protective Order [29−1] (tr) (Entered: 06/12/2000)

June 9, 2000

June 9, 2000

33

Motion by University of the IW to extend deadline for designation of expert witnesses and submission of written summary (tr) (Entered: 06/13/2000)

June 12, 2000

June 12, 2000

34

Designation of expert witnesses and written summary filed by University of the IW (tr) (Entered: 06/13/2000)

June 12, 2000

June 12, 2000

35

Notice of attorney appearance for EEOC by Cynthia M. Cano (tr) (Entered: 06/16/2000)

June 16, 2000

June 16, 2000

36

Notice of attorney appearance for EEOC by Selena N. Solis (tr) (Entered: 06/16/2000)

June 16, 2000

June 16, 2000

37

Motion by University of the IW for leave to file supplemental designations of fact witnesses (tr) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

RECEIVED 'Defendant's Supplemental Designation of Potential Fact Witnesses' (tr) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

38

Motion by University of the IW for Donna K. McElroy to withdraw as attorney , and to substitute attorney Roger D. Hepworth (tr) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

39

Response by EEOC in opposition to motion to strike plaintiff's opposition and response to defendant's notice of appeal of order denying defendant's motion to quash and for protective order [31−1] (tr) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

40

Motion by EEOC for leave of Court to file Supplemental Designation of Fact Witnesses (tr) (Entered: 06/20/2000)

June 19, 2000

June 19, 2000

41

ORDER Affirming Order of Magistrate Judge and Denying motion to strike plaintiff's opposition and response to defendant's notice of appeal of order denying defendant's motion to quash and for protective order [31−1] The Court therefore DENIES UIW's appeal (docket no. 29) and afirms the magistrate judge's order (docket no. 28). UIW should respond to the magistrate judge's show cause order within two weeks of the date of this order. (tr) (Entered: 06/23/2000)

June 22, 2000

June 22, 2000

43

Order granting motion for Donna K. McElroy to withdraw as attorney [38−1] (Terminated attorney Donna K. McElroy for University of the IW, granting motion to substitute attorney Roger D. Hepworth [38−2] ; terminated; Roger D. Hepworth added (lp) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

44

Order granting motion for leave to file supplemental designations of fact witnesses [37−1] (lp) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

45

Supplemental Designation of potential fact witness filed by University of the IW (lp) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

46

Order granting motion for leave of Court to file Supplemental Designation of Fact Witnesses [40−1] (lp) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

47

Motion by University of the IW to reconsider order affirming order of Magistrate Judge and denying Defendant's motion to strike and response to show cause order (tr) (Entered: 07/03/2000)

July 3, 2000

July 3, 2000

48

ORDER granting in part motion to extend deadline for designation of expert witnesses and submission of written summary [33−1] The UIW's deadline to designate expert witness and submit written summary is extended for the psychiatry expert, only. Such deadline is extended from 6/12/00, to 9/14/00. (tr) (Entered: 07/07/2000)

July 7, 2000

July 7, 2000

49

Opposed Motion by EEOC for leave of court to file second supplemental designation of fact witnesses (tr) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

RECEIVED "Plaintiff's Second Supplemental Designation of Fact Witnesses" (tr) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

50

Stipulation filed by University of the IW, EEOC pursuant to Fed.R.Civ.P. 30(a)(2)(A) that each party may take more than ten depositions in this matter. (tr) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

51

Response by University of the IW in opposition to motion for leave of court to file second supplemental designation of fact witnesses [49−1] (tr) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

52

Notice of attorney appearance for University of the IW by George J. Petras IV (tr) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

53

Order granting in part, denying in part motion for leave of court to file second supplemental designation of fact witnesses [49−1]. Plaintiff's request to provide addresses is GRANTED, plaintiff's request to supplement its designation of fact witnesses is DENIED. (sj) (Entered: 08/16/2000)

Aug. 15, 2000

Aug. 15, 2000

54

Motion by EEOC for leave to file supplement to expert witness report of Keith Walters, PH.D. (sj) (Entered: 08/16/2000)

Aug. 15, 2000

Aug. 15, 2000

Received Addendum to Expert Witness Report of Keith Walters, Ph.D. (sj) (Entered: 08/16/2000)

Aug. 15, 2000

Aug. 15, 2000

55

Motion by EEOC to compel production of documents (tr) (Entered: 08/22/2000)

Aug. 22, 2000

Aug. 22, 2000

56

Response by University of the IW in opposition to motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (tr) (Entered: 08/25/2000)

Aug. 25, 2000

Aug. 25, 2000

57

Motion by EEOC for leave to file Second Amended Complaint (sj) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

Received "Plaintiff's Second Amended Complaint" (sj) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

58

Motion by University of the IW to extend time to respond to plaintiff's second set of interrogatories and second set of request for production of documents (sj) (Entered: 08/31/2000)

Aug. 31, 2000

Aug. 31, 2000

60

Reply by EEOC to defendant's response in opposition to plaintiff's motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (sj) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

61

Response by University of the IW in opposition to plaintiff's motion for leave to file Second Amended Complaint [57−1] (sj) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

62

Motion by EEOC for payment of expert's fees (sj) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

63

Order granting motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (sj) (Entered: 09/08/2000)

Sept. 7, 2000

Sept. 7, 2000

64

Supplement to to the Expert Witness Report of Keith Walters, Ph.D. filed by EEOC (sj) (Entered: 09/08/2000)

Sept. 7, 2000

Sept. 7, 2000

65

Order GRANTING motion to extend time to respond to plaintiff's second set of interrogatories and second set of request for production of documents [58−1]. It is further Ordered that defendant's objections and answers to plaintiff's second set of interrogatories and defendants objections and reponses to plaintiff's second set of request for production of documents be and hereby deemed to be timely filed pursuant to F.R.C.P. (sj) (Entered: 09/08/2000)

Sept. 7, 2000

Sept. 7, 2000

66

Letter/Correspondence submitted by EEOC regarding receipt of photocopies of deposition transcripts rather than original copies as requested in plaintiff's Motion to Compel. (sj) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

67

Motion by EEOC to compel production of original deposition transcripts (sj) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

68

Letter brief filed by University of the IW re: motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (sj) (Entered: 09/12/2000)

Sept. 11, 2000

Sept. 11, 2000

69

Response by University of the IW to plaintiff's motion for payment of expert's fees [62−1] (sj) (Entered: 09/12/2000)

Sept. 11, 2000

Sept. 11, 2000

70

Order GRANTING IN PART motion to compel production of documents [55−1]. UIW is ORDERED to produce full complete responsive information and documents to the EEOC's First Request for Production of numbers 1, 15, 17 and 18. UIW must produce these documents within ten days from the date of this Order. UIW must submit to this Court for in camera inspection the unredacted document consisting of a page, dated June 21, 1995 taken from the planning calender of Andy Vasquez within ten days from the date of this Order. (sj) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

71

Reply by EEOC to defendant's opposition response [61−1] to plaintiff's motion for leave to file second amended complaint. (sj) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

72

Response by University of the IW to plaintiff's motion to compel production of original deposition transcripts [67−1] (sj) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

73

Joint motion by University of the IW, EEOC to exceed twenty (20) page limit on parties' dispositive motions, responses and replies thereto (sj) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

74

Response by University of the IW to plaintiff's motion to compel production of original deposition transcripts [67−1] (sj) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

75

Motion by EEOC for partial summary judgment (sj) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

76

Advisory to the court filed by EEOC regarding pending motion to compet production of deposition transcripts. Plaintiff has received said transcripts therefore pending motion is moot. (sj) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

77

Order denying as moot motion to compel production of original deposition transcripts [67−1] (sj) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

79

Order DENYING motion for leave to file Second Amended Complaint [57−1] (sj) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

80

Order GRANTING IN PART joint motion to exceed twenty (20) page limit on parties' dispositive motions, responses and thereto [73−1]. Parties' dispositive motions and responses shall not exceed 30 pages; any other responses or replies shall not exceed 10 pages. (sj) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

81

Motion by University of the IW for summary judgment (sj) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

82

Motion by EEOC for partial summary judgment on defendant's claim to the affirmative defense to plaintiff's hostile work environment (sj) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

83

Motion by University of the IW for reconsideration or in the alternative for leave to file amended dispositive motions (sj) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

84

Motion by EEOC for partial summary judgment on defendant's defense of plaintiff's disparate impact claims (sj) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

85

Motion by EEOC to strike defendant's motion for summary judgment (sj) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

86

Motion by EEOC for parties to supplement summary judgment evidence (sj) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

87

Affidavit by University of the IW in support of motion for summary judgment [81−1] (sj) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

88

Order GRANTING motion to strike defendant's motion for summary judgment [85−1]. UIW's motion for summary judgment filed October 2, 2000 is ORDERED STRICKEN FROM THE RECORD; GRANTING IN PART motion for reconsideration or in the alternative for leave to file amended dispositive motions [83−1]. All responses and replies to any dispositive motion must not exceed 20 pages. UIW's deadline to file all dispositive motions is extend to October 13, 2000. (sj) Modified on 10/06/2000 (Entered: 10/06/2000)

Oct. 6, 2000

Oct. 6, 2000

89

Motion by EEOC for reconsideration of Court's Order of 9/29/00 denying Plaintiff leave to file Second Amended Complaint (sj) (Entered: 10/06/2000)

Oct. 6, 2000

Oct. 6, 2000

90

Response by University of the IW to plaintiff's motion for partial summary judgment [75−1] (sj) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

91

Order granting motion for parties to supplement summary judgment evidence [86−1] (sj) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

92

Supplement filed by EEOC to motion for partial summary judgment on defendant's defense of plaintiff's disparate impact claims [84−1]. (sj) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

93

Motion by University of the IW for partial summary judgment on Maria Ferdin's claim of age discrimination (sj) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

94

Motion by University of the IW for partial summary judgment on Armando Cedillo's claim of retaliation (sj) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

95

Motion by University of the IW for partial summary judgment on claims of discrimination on the basis of national origin (sj) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

96

Response by University of the IW to plaintiff's motion for partial summary judgment on defendant's defense of plaintiff's disparate impact claims [84−1] (sj) (Entered: 10/17/2000)

Oct. 17, 2000

Oct. 17, 2000

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: April 19, 2001

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

University of the Incarnate Word (San Antonio), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

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: 1000000

Order Duration: 2001 - 2004

Content of Injunction:

Recordkeeping

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Age discrimination

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian