Case: EEOC v. Aztec Inn Properties LLC (d/b/a Clarion Hotel - Randolph Park)

4:02-cv-00324 | U.S. District Court for the District of Arizona

Filed Date: June 28, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On June 28, 2002, the Phoenix office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Aztec Inn Properties LLC and HSL Properties Financial Corporation in the U.S. District Court for the District of Arizona. The EEOC alleged that the defendants had violated the rights of five of their hotel's housekeeping staff members by discriminating against them on the basis of their intellectual disability and/or Down's Syndrome. Specifically, they alleged that the d…

On June 28, 2002, the Phoenix office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Aztec Inn Properties LLC and HSL Properties Financial Corporation in the U.S. District Court for the District of Arizona. The EEOC alleged that the defendants had violated the rights of five of their hotel's housekeeping staff members by discriminating against them on the basis of their intellectual disability and/or Down's Syndrome. Specifically, they alleged that the defendants had harassed them, failed to provide reasonable accommodations for their disabilities, and discharged them wrongfully. On September 9, 2002, the complainants intervened in the case as plaintiffs.

On November 20, 2002, the defendants filed a third party complaint and asked the court to add Community Psychology Education Services, Ltd. (CPES) as a third-party defendant to the case. On February 20, 2003, CPES filed a motion for summary judgment on the third-party complaint that had been filed against them. On December 4, 2003, the district court granted CPES's motion for summary judgment and dismissed them from the case. This dismissal was appealed to the U.S. Court of Appeals for the Ninth Circuit by the other defendants on May 12, 2004.

Meanwhile, on April 3, 2003, the remaining defendants filed for summary judgment, but their request was denied by the court on May 19, 2003. After several failed settlement conferences, the defendants filed a motion for sanctions for violation of statutory conciliation mandates.

With these motions were pending, the parties reached a settlement and filed a consent decree with the district court on August 27, 2004. As part of the settlement, the third-party defendants agreed to drop their complaint against CPES. The district court adopted the consent decree on September 1, 2004, and the Ninth Circuit dismissed the appeal on October 4, 2004. Under the terms of the decree, the defendants agreed to pay the complainants $50,000.00 in compensatory damages, to be deposited into trust accounts for their usage, and $13,500.00 in attorneys' fees. They also agreed to expunge the employment records of the complainants of any mention of this lawsuit, to offer them the opportunity to be reinstated in their jobs, and to provide reasonable accommodations for their disabilities. The decree also enjoined the defendants from discriminating against any employee on the basis of a disability or retaliating against any employee who complaints of discrimination. They agreed to develop an anti-discrimination policy, and to enter into a contract with a service-provider that would utilize a crew of persons with developmental disabilities as housekeeping staff workers. They agreed to post and distribute notice of their anti-discrimination policy to all employees, and to hold annual 90-minute training sessions in disability law and the rights of disabled persons in the workplace, to be attended by all crew members and supervisory staff. The defendants were required to file bi-annual reports with the EEOC regarding their compliance with the terms of the consent decree. The defendants agreed to keep a written record of all employees who attend the training sessions, and the defendants were to keep that record for the duration of the consent decree. The EEOC and the ACDL were to be allowed to send representatives to the crew member anti-discrimination training sessions. The EEOC was also to have the right to enter the defendants' premises without notice to see whether they complied with the requirement that they post a notice of anti-discrimination laws in a prominent place in the workplace.

Summary Authors

Justin Kanter (3/17/2008)

People


Judge(s)

Collins, Raner Christercunean (Arizona)

Pyle, Charles R. (Arizona)

Attorneys(s) for Plaintiff

O'Neill, Mary Jo (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Dacey, John R. (Arizona)

Jutila, Sharon M. (Arizona)

Selden, David A. (Arizona)

Other Attorney(s)

Active

Judge(s)

Collins, Raner Christercunean (Arizona)

Pyle, Charles R. (Arizona)

Attorneys(s) for Plaintiff

O'Neill, Mary Jo (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Dacey, John R. (Arizona)

Jutila, Sharon M. (Arizona)

Selden, David A. (Arizona)

Other Attorney(s)

Daley-Rooney, Rose Ann (Arizona)

Rico, Jose De Jesus (Arizona)

Documents in the Clearinghouse

Document

Docket [U.S.C.A 9th Circuit]

EEOC v. Aztec Inn Properties, et al

U. S. Court of Appeals for the Ninth Circuit

Oct. 4, 2004 Docket

Docket (PACER)

EEOC v. Aztec Inn Properties

Oct. 7, 2004 Docket
2

First Amended Complaint and Jury Trial Demand

EEOC v. Aztec Inn Properties, LLC.

July 29, 2002 Complaint

Consent Decree

EEOC v. Aztec Inn Properties, LLC

Sept. 1, 2004 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 28, 2002

Closing Date: 2004

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:

NDRN/Protection & Advocacy Organizations

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Community Psychology Education Services, Ltd, Private Entity/Person

HSL Properties Financial Corporation, Private Entity/Person

Aztec Inn Properties, LLC, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 63500

Order Duration: 2004 - 2006

Content of Injunction:

Reinstatement

Expungement of Employment Record

Discrimination Prohibition

Reasonable Accommodation

Retaliation Prohibition

Develop anti-discrimination policy

Reporting

Utilize objective hiring/promotion criteria

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit