Case: EEOC v. Los Comales

1:03-cv-00688 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 29, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's San Antonio district Office sued Los Comales, Inc., d/b/a Los Comales Restaurant, on September 29, 2003 in the District Court for the Western District of Texas. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a sexually harassing environment which resulted in the constructive discharge of three female employees. The parties settled on May 19, 2004 by entering into a consent decree which stipulated that the defendant would pay the three aggrieved employees $32,000, post notice of compliance with Title VII, provide Title VII compliance training for its managerial and supervisory staff, and rewrite its policy concerning sexual harassment and the procedures for handling sexual harassment complaints.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Aaron Weismann (6/7/2007)

Documents in the Clearinghouse

Document

1:03-cv-00688

Docket [PACER]

EEOC v. Los Comales, Inc.

May 19, 2004

May 19, 2004

Docket
1

1:03-cv-00688

Complaint

EEOC v. Los Comales, Inc. d/b/a Los Comales Restaurant

Sept. 29, 2003

Sept. 29, 2003

Complaint
10

1:03-cv-00688

Consent Decree

EEOC v. Los Comales, Inc.

May 19, 2004

May 19, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Sam Sparks (fe) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

1

Complaint filed. (Pages: 5) (fe) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

Court file fowarded to Judge Sparks (td) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

2

Waiver of Service by Los Comales, Inc. ; Notice and Request Mailed on 10/14/03 ; Answer due on 12/15/03 for Los Comales, Inc. (fe) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

3

Answer by Los Comales, Inc. (td) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

4

Order that the paarties confer and submit a proposed scheduling order to the Court by February 6, 2004 ... Signed by Honorable Sam Sparks (td) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

5

Notice of filing by Equal Employment Opp, Los Comales, Inc. - joint Rule 26(F) report. (mc2) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

6

Recommendations for scheduling order by Equal Employment Opp, Los Comales, Inc. (mc2) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

7

Scheduling order setting Joining of parties, amending of pleadings on 6/30/04; Deadline for filing of all motions 9/17/04; Discovery cutoff 8/16/04; Docket Call set for 11:00 10/29/04; Alternate Dispute Resolution Report due by 2/20/04, signed by Honorable Sam Sparks (td) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

8

Alternate Dispute Resolution Report filed by Equal Employment Opp, Los Comales, Inc., Party(s) agree to Alternate Dispute Resolution (td) (Entered: 02/19/2004)

Feb. 18, 2004

Feb. 18, 2004

9

Joint motion by Equal Employment Opp, Los Comales, Inc. to enter consent decree (td) (Entered: 05/18/2004)

May 17, 2004

May 17, 2004

10

Consent Decree filed and signed by Honorable Sam Sparks (td) (Entered: 05/20/2004)

May 19, 2004

May 19, 2004

Case closed (td) (Entered: 05/20/2004)

May 19, 2004

May 19, 2004

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2003

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

Los Comales, Inc. (Austin, TX), 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: 32000

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Recordkeeping

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits