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Case Name United States of America v. Elsa County, Texas EE-TX-0426
Docket / Court 7:05-cv-00038 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On February 1, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against the City of Elsa, Texas under Title VII in the U.S. District Court for the Southern District of Texas. The D.O.J. sought injunctive relief and compensatory damages, alleging that the defendant discriminated ... read more >
On February 1, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against the City of Elsa, Texas under Title VII in the U.S. District Court for the Southern District of Texas. The D.O.J. sought injunctive relief and compensatory damages, alleging that the defendant discriminated against female officers on the basis of sex and retaliated against these officers.

The complaint specifically alleges that the defendant discriminated on the basis of sex by: (1) removing a female officer's duties as Bailiff and Warrant Officer and assigning those duties to a male; and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of the female officer. The complaint further alleges that the defendant retaliated against the female officers by discharging female officers for opposing conduct that they reasonably and in good faith believed to be unlawful under Title VII and for filing a charge of discrimination with the EEOC under Title VII.

The individual employees, on whose behalf whom the D.O.J. filed suit, sought to intervene as plaintiffs. On December 15, 2005, the district court (Judge Randy Crane) approved a Consent Decree ordering that each intervener plaintiff be offered reinstatement to her previous position at the salary and level of seniority to which she would have been entitled had she remained in that position without interruption. The Consent Decree also required the city to offer remedial pension and/or Social Security benefits to plaintiffs for the period of time between their discharge and their reinstatement. Further, the defendant agreed to offer a total monetary award, inclusive of attorney's fees, backpay, and compensatory damages to each intervener plaintiff, and the court enjoined the defendant from providing negative employment references for the intervener plaintiffs.

Hyun Jeong Yang - 10/29/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Corrections
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) City of Elsa
Plaintiff Description United States on behalf of female officers discriminated on the basis of sex and retaliated against for filing EEOC complaint
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2006
Case Closing Year 2005
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
7:05-cv-00038 (S.D. Tex.) 12/21/2005
EE-TX-0426-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial 02/01/2005
EE-TX-0426-0002.pdf | Detail
Order 12/15/2005
EE-TX-0426-0001.pdf | Detail
Judges Crane, Randy (S.D. Tex.)
EE-TX-0426-0001 | EE-TX-0426-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fenton, William B. (District of Columbia)
EE-TX-0426-0001 | EE-TX-0426-0002
Lopez, Louis (District of Columbia)
EE-TX-0426-0001 | EE-TX-0426-9000
Palmer, David J. (District of Columbia)
EE-TX-0426-0001 | EE-TX-0426-0002
Ruiz, Hector F. (District of Columbia)
EE-TX-0426-9000
Wyatt, Keith Edward (Texas)
EE-TX-0426-0002
Defendant's Lawyers Martinez, Francisco J (Texas)
EE-TX-0426-0001 | EE-TX-0426-9000
Navarro, Ricardo J. (Texas)
EE-TX-0426-0001 | EE-TX-0426-9000
Other Lawyers Dietz, Stephen P. (Texas)
EE-TX-0426-9000

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