University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Jack of All Trades Personnel Services, Inc. EE-TX-0453
Docket / Court 6:04-cv-00157 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On February 17, 2004, the Dallas District Office of the EEOC filed this suit in the Northern District of Texas under Title I of the American with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 against Jack of All Trades Personnel Services, Inc. The EEOC, who brought this ... read more >
On February 17, 2004, the Dallas District Office of the EEOC filed this suit in the Northern District of Texas under Title I of the American with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 against Jack of All Trades Personnel Services, Inc. The EEOC, who brought this action on behalf of a class of job-seekers who applied for positions with Jack of All Trades, asked the court for monetary and injunctive relief, alleging that the Defendant company had engaged in discriminatory hiring practices. Specifically, the EEOC claimed that Jack of All Trades forced prospective employees to submit to an unlawful chiropractic examination and relied on the results of that exam as a basis to deny hire.

On April 14, 2004, Jack of All Trades moved to have the matter dismissed due to improper venue, and alternatively requested a change of venue. On June 1, 2004, Judge Barefoot Sanders denied the motion to dismiss but granted the Defendant's motion for change of venue. EEOC v. Jack of All Trades Personnel Services, Inc., 2004 WL 1217943. The case was subsequently transferred to the Western District of Texas.

After participating in alternative dispute resolution, the parties entered a Consent Decree on February 9, 2005. The Decree, which was for a term of three years, provided for a prohibition of disability discrimination, mandatory reporting to the EEOC, and a monetary award of $154,224 to be distributed among identified individuals who had been subjected to Jack of All Trade's discriminatory hiring practices.

Jennifer Gitter - 04/06/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Jack of All Trades Personnel Services Inc.
Plaintiff Description The EEOC, on behalf of a class of job-seekers who complained of discriminatory hiring practices that included unlawful medical examinations prior to hiring.
Indexed Lawyer Organizations EEOC
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 - 2008
Case Closing Year 2008
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)
3:04-cv-00338-H (N.D. Tex.) 06/01/2004
EE-TX-0453-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
6:04CV00157 (W.D. Tex.) 02/17/2005
EE-TX-0453-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/17/2004
EE-TX-0453-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 06/07/2004 (2004 WL 1217943) (N.D. Tex.)
EE-TX-0453-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 02/09/2005
EE-TX-0453-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FY 2005 Annual Report on the Operations and Accomplishments of the Office of the General Counsel (excerpt) 04/13/2006
EE-TX-0453-0003.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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