Case: EEOC v. OGLETHORPE UNIVERSITY INC

1:06-cv-00711 | U.S. District Court for the Northern District of Georgia

Filed Date: March 28, 2006

Closed Date: March 5, 2009

Clearinghouse coding complete

Case Summary

In March 2006, the Atlanta District Office of the EEOC filed this suit against Oglethorpe University, Inc. in the U.S. District Court for the Northern District of Georgia alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant enforced an "English-only" rule, requiring all its Hispanic housekeeping employees, including the three charging parties, to speak only English while working and by giving all their in…

In March 2006, the Atlanta District Office of the EEOC filed this suit against Oglethorpe University, Inc. in the U.S. District Court for the Northern District of Georgia alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant enforced an "English-only" rule, requiring all its Hispanic housekeeping employees, including the three charging parties, to speak only English while working and by giving all their instructions in English. In addition, the defendant retaliated against one of the charging parties by disciplining her for her open opposition to the English-only policy, resulting in her termination. The charging parties intervened in the suit in April 2006. After much discovery, the parties participated in mediation in November 2006, and they reached a settlement through a consent decree in March 2007.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a Title VII notice, provide instruction regarding compliance with the decree to all management personnel, report to the EEOC every six months, provide Title VII training to its administrative personnel, and discontinue its use of the English-only policy. In addition, the defendant agreed to provide the charging parties with neutral references and pay $46,779.20. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (6/13/2007)

Documents in the Clearinghouse

Document

1:06-cv-00711

Docket

EEOC v. Oglethorpe University Inc

March 6, 2007

March 6, 2007

Docket
1-1

1:06-cv-00711

Complaint

EEOC v. Oglethorpe University Inc

March 28, 2006

March 28, 2006

Complaint
6

1:06-cv-00711

Complaint in Intervention

EEOC v. Oglethorpe University Inc

May 18, 2006

May 18, 2006

Complaint
68

1:06-cv-00711

Consent Decree

EEOC v. Oglethorpe University Inc

March 5, 2007

March 5, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4240991/equal-employment-opportunity-commission-v-oglethorpe-university-inc/

Last updated July 22, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed. Consent form to proceed before U.S. Magistrate and pretrial instructions provided., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(aar) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/29/2006)

1 Civil Cover Sheet

View on PACER

March 28, 2006

March 28, 2006

RECAP
2

ORDER that as the EEOC has filed this case as a class action, the Court will not follow its regular procedure of referring this case to a Magistrate Judge, but may refer portions of the case to Magistrate Judge Scofield at a later date. Signed by Judge Orinda D. Evans on 4/3/06. (fmm) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

PACER
3

MOTION to Intervene as Plaintiffs by Alba Hernandez, Eva Rodriguez, Santa Lopez. (Attachments: # 1 Proposed Intervenor Complaint)(fmm) (Entered: 04/12/2006)

1 Proposed Intervenor Complaint

View on PACER

April 12, 2006

April 12, 2006

PACER
4

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Tisha Rae Tallman re 3 MOTION to Intervene. (fmm) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
5

ORDER granting 3 Motion to Intervene. The Clerk is hereby directed to file the Complaint in Intervention submitted with the Motion as of the date of this Order. Signed by Judge Orinda D. Evans on 5/16/06. (ddm) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
6

Intervenor COMPLAINT against Oglethorpe University, Inc., filed by Alba Hernandez, Eva Rodriguez, Santa Lopez.(ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
7

ANSWER to Complaint by Oglethorpe University, Inc.. Discovery ends on 10/27/2006.(Farmer, Robyn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

PACER
8

NOTICE of Appearance by Burton Freeman Dodd on behalf of Oglethorpe University, Inc. (Dodd, Burton) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
9

ANSWER to Intervenor Complaint by Oglethorpe University, Inc..(Dodd, Burton) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

PACER
10

NOTICE of Withdrawal of Attorney Gerald Kiel by Equal Employment Opportunity Commission (hfm) (Entered: 06/12/2006)

June 9, 2006

June 9, 2006

PACER
11

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Gerald S. Kiel re 10 Notice of Withdrawal. (hfm) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

PACER
12

Initial Disclosures by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

PACER
13

Certificate of Interested Persons by Alba Hernandez, Eva Rodriguez, Santa Lopez. (Tallman, Tisha) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

PACER
14

CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Alba Hernandez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
15

CERTIFICATE OF SERVICE of Defendant's First Interrogatories to Alba Hernandez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
16

CERTIFICATE OF SERVICE of Defendant's First Interrogatories to Santa Lopez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
17

CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Santa Lopez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
18

CERTIFICATE OF SERVICE of Defendant's First Interrogatories to Eva Rodriguez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
19

CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents to Eva Rodriguez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
20

Initial Disclosures by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

PACER
21

PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Alba Hernandez, Eva Rodriguez, Santa Lopez, Equal Employment Opportunity Commission, Oglethorpe University, Inc.. (Tallman, Tisha) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

PACER
22

CERTIFICATE OF SERVICE by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

PACER
23

CERTIFICATE OF SERVICE Plaintiff EEOC's First Interrogatories and Request for the Production of Documents to Defendant by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
24

Initial Disclosures by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER
25

CERTIFICATE OF SERVICE by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
26

CERTIFICATE OF SERVICE Plaintiff-Intervenors' First Request for Admissions by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
27

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff's EEOC's First Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
28

CERTIFICATE OF SERVICE Objections and Responses to Plaintiff EEOC's First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
29

CERTIFICATE OF SERVICE Responses to Plaintiff-Intervenors' First Request for Admissions by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
30

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Alba Hernandez' First Set of Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
31

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Alba Hernandez' First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
32

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Eva Rodriguez' First Set of Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
33

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Eva Rodriguez' First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
34

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Santa Lopez' First Set of Interrogatories by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
35

CERTIFICATE OF SERVICE Objections and Answers to Plaintiff-Intervenor Santa Lopez' First Request for Production of Documents by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
36

NOTICE to Take Deposition of Santa Lopez filed by Oglethorpe University, Inc. (Dodd, Burton) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
37

NOTICE to Take Deposition of Alba Hernandez filed by Oglethorpe University, Inc. (Dodd, Burton) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
38

NOTICE to Take Deposition of Eva Rodriguez filed by Oglethorpe University, Inc. (Dodd, Burton) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
39

CERTIFICATE OF SERVICE (Amended) for Plaintiff-Intervenors' Responses to Defendant's Discovery Requests by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

PACER
40

CERTIFICATE OF SERVICE for Withdrawal of Certificate of Service of Plaintiff-Intervenors' Duplicate First Request for Admissions filed on 08-11-06 by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

PACER
41

CERTIFICATE OF SERVICE re: Amended NOTICE to Take Deposition of Santa Lopez filed by Oglethorpe University, Inc. (Dodd, Burton). Modified on 8/31/2006 to correct docket text to accurately reflect e-filed pleading (rth). (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
42

CERTIFICATE OF SERVICE re: Amended NOTICE to Take Deposition of Eva Rodriguez filed by Oglethorpe University, Inc. (Dodd, Burton). Modified on 8/31/2006 to correct docket text to accurately reflect e-filed pleading (rth). (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
43

CERTIFICATE OF SERVICE re: Amended NOTICE to Take Deposition of Alba Hernandez filed by Oglethorpe University, Inc. (Dodd, Burton. Modified on 8/31/2006 to correct docket text to accurately reflect e-filed pleading (rth). (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
44

CERTIFICATE OF SERVICE for Notice of Deposition of Jim Ledbetter by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
45

CERTIFICATE OF SERVICE for Notice of Deposition of Lawrence Schall by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
46

CERTIFICATE OF SERVICE for Notice of Deposition of Linda Bucki by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
47

CERTIFICATE OF SERVICE for Notice of Deposition of Manuel Bonilla by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
48

CERTIFICATE OF SERVICE for Notice of Deposition of Renae Glass by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Tallman, Tisha) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
49

NOTICE by Alba Hernandez, Eva Rodriguez, Santa Lopez of Representation by Isaiah Delemar (Tallman, Tisha) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

PACER
50

CERTIFICATE OF SERVICE First Request for Production of Documents to EEOC by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
51

CERTIFICATE OF SERVICE First Interrogatories to EEOC by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
52

ORDER scheduling Mediation. Mediation Hearing set for 11/9/2006 at 10:00 AM before Magistrate Judge Walter E. Johnson in Room #2327, 23rd Floor, US Federal Bldg, 75 Spring St, Atlanta, GA. Signed by Magistrate Judge Walter E. Johnson on 10/3/06. (klb) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

PACER
53

Joint MOTION for Extension of Time to Complete Discovery and Related Deadlines by Alba Hernandez, Eva Rodriguez, Santa Lopez, Equal Employment Opportunity Commission, Oglethorpe University, Inc. (Attachments: # 1 Text of Proposed Order for Enlargement of Discovery and Related Deadlines)(Dodd, Burton) Modified on 10/5/2006 to delete duplicate text (rth). (Entered: 10/04/2006)

1 Text of Proposed Order for Enlargement of Discovery and Related Deadlines

View on PACER

Oct. 4, 2006

Oct. 4, 2006

PACER
54

CERTIFICATE OF SERVICE of Amended Notice of Deposition of Santa Lopez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
55

CERTIFICATE OF SERVICE of Amended Notice of Deposition of Eva Rodriguez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
56

CERTIFICATE OF SERVICE of Amended Notice of Deposition of Alba Hernandez by Oglethorpe University, Inc..(Dodd, Burton) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
57

NOTICE of Appearance by Isaiah D. Delemar on behalf of Alba Hernandez, Eva Rodriguez, Santa Lopez (Delemar, Isaiah) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
58

ORDER granting 53 Motion for Extension of Time to Complete Discovery. Discovery ends on 1/12/2007. Signed by Judge Orinda D. Evans on 10/23/06. (smg) (Entered: 10/24/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
59

CERTIFICATE OF SERVICE for Notice of Deposition of Manuel Bonilla by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
60

CERTIFICATE OF SERVICE for Notice of Deposition of Renae Glass by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
61

CERTIFICATE OF SERVICE for Notice of Deposition of Lawrence Schall by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
62

CERTIFICATE OF SERVICE for Notice of Deposition of Linda Bucki by Alba Hernandez, Eva Rodriguez, Santa Lopez.(Delemar, Isaiah) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
63

CERTIFICATE OF SERVICE for Notice of Deposition of Jim Ledbetter by Alba Hernandez, Eva Rodriguez, Oglethorpe University, Inc..(Delemar, Isaiah) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
64

Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson : Settlement Conference held on 11/9/2006. The case settled. (klb) (Entered: 11/13/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
65

Notice for Leave of Absence for the following date(s): 11/20/06 - 11/24/06, by Lakisha C. Duckett. (Duckett, Lakisha) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
66

NOTICE by Alba Hernandez, Eva Rodriguez, Santa Lopez of Notice of Withdrawal of Counsel (Tallman, Tisha) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
67

PROPOSED ORDER Consent Decree. (Duckett, Lakisha) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
68

CONSENT DECREE as to Oglethorpe University as outlined to be effective 24 calendar months, decree includes providing to Alba Hernandez the amount of $15,537.60; Eva Rodriguez the amount of $16,161.60 and Santa Lopez the amount of $15,080.00. Signed by Judge Orinda D. Evans on 3/2/07. (fmm) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
69

ORDER administratively closing case without prejudice to any party's right to reopen during the next 24 months should any party fail to comply with the terms of the agreement. Signed by Judge Orinda D. Evans on 3/2/07. (fmm) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
70

STIPULATION of Dismissal by Alba Hernandez, Eva Rodriguez, Santa Lopez, Equal Employment Opportunity Commission, Oglethorpe University, Inc.. (Dodd, Burton) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 28, 2006

Closing Date: March 5, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oglethorpe University, Inc., 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: 46779.2

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

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

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian