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)

Clearinghouse (12/26/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11787318/parties/equal-employment-opp-v-los-comales-inc/

Judge(s)

Sparks, Sam (Texas)

Attorney for Plaintiff

Harwin, Robert B. (Texas)

Juarez, Edward (Texas)

Taylor, Judith G. (Texas)

Attorney for Defendant

Hernandez, Mack Ray (Texas)

Documents in the Clearinghouse

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

See docket on RECAP: https://www.courtlistener.com/docket/11787318/equal-employment-opp-v-los-comales-inc/

Last updated Nov. 4, 2026, 6:41 p.m.

Docket for: Equal Employment Opp v. Los Comales, Inc.
ECF Number Date Description Link
1 Sept. 29, 2003

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

RECAP
Sept. 29, 2003

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

PACER
Sept. 29, 2003

Case assigned to Honorable Sam Sparks (fe)

Oct. 1, 2003

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

PACER
Oct. 1, 2003

Court file fowarded to Judge Sparks (td)

2 Oct. 29, 2003

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)

RECAP
3 Dec. 9, 2003

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

RECAP
4 Dec. 10, 2003

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)

RECAP
5 Jan. 22, 2004

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

RECAP
6 Jan. 22, 2004

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

RECAP
7 Jan. 26, 2004

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)

RECAP
8 Feb. 18, 2004

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

RECAP
9 May 17, 2004

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

RECAP
10 May 19, 2004

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

RECAP
11 May 19, 2004

Final Judgment Order Entering Consent Decree signed by Honorable Sam Sparks (Pages: 1) (td) (Entered: 05/20/2004)

RECAP
May 19, 2004

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

PACER
May 19, 2004

Case closed (td)

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

Private Entity/Person

Los Comales, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Western District of Texas 1:03-cv-00688

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Amount Defendant Pays: 32000

Order Duration: 2004 - 2007

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation