University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Creative Networks L.L.C. EE-AZ-0135
Docket / Court 09-CV-02023 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Attorney Organization EEOC
Case Summary
On September 28, 2009, the EEOC filed a lawsuit in the U.S. District Court for the District of Arizona against Creative Networks LLC under Title I of the Americans with Disabilities Act, 42 U.S.C. § 12112(a). The EEOC alleged that Creative Networks LLC violated the ADA by failing to provide ... read more >
On September 28, 2009, the EEOC filed a lawsuit in the U.S. District Court for the District of Arizona against Creative Networks LLC under Title I of the Americans with Disabilities Act, 42 U.S.C. § 12112(a). The EEOC alleged that Creative Networks LLC violated the ADA by failing to provide reasonable accommodations to deaf and hard of hearing job applicants through its policy of capping the money spent on accommodations for job training at $200. The EEOC argued that such caps were both a violation of the ADA and had the effect of discriminating against deaf and hard-of-hearing applicants.

After four years of discovery and negotiation, on September 19, 2013 the District Court (Judge David A. Ezra) approved a Consent Decree which included [1] an injunction that orders the Defendant to not discriminate against persons with disabilities, not to retaliate against those who complained of discrimination, [2] monetary relief for the woman discriminated against in the amount of $57,500, [3] Defendants will change their policies including removing any cap on spending for accommodations, [4] Defendants will train their employees in disability awareness and accommodations, and [5] Defendants will report on progress to the Regional District Attorney for the EEOC for Arizona during the term of the Decree. The Decree is to last for two years.

The case is therefore closed. However, if the EEOC detects a violation of the Consent Decree they may reopen the case as the District Court has retained jurisdiction over the case.

Brian Kempfer - 02/07/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Reporting
Retaliation Prohibition
Disability
Hearing impairment
Discrimination-area
Accommodation / Leave
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Testing
Training
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Failure to train
Reasonable Accommodations
Reasonable Modifications
Testing
Plaintiff Type
EEOC Plaintiff
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Creative Networks LLC
Plaintiff Description EEOC on behalf of deaf and hard of hearing employees
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2015
Case Closing Year 2015
Case Ongoing Yes
Additional Resources
click to show/hide detail
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)
2:09-cv-2023 (D. Ariz.) 09/19/2013
EE-AZ-0135-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand 09/28/2009
EE-AZ-0135-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Wins Rare Summary Judgment Verdict In Disability Suit Against Creative Networks 09/21/2012
EE-AZ-0135-0003.pdf | Detail
Consent Decree 09/19/2013 (D. Ariz.)
EE-AZ-0135-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ezra, David Alan (D. Haw.)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Monitors/Masters None on record
Plaintiff's Lawyers Baran, Andrea Gail (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Chahbazi, Meenoo (Arizona)
EE-AZ-0135-9000
Chen, Tin-Tin Diana (Arizona)
EE-AZ-0135-9000
Houk, Christoper Robert (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Lee, James L. (District of Columbia)
EE-AZ-0135-0001
Lopez, Patrick David (Arizona)
EE-AZ-0135-0001 | EE-AZ-0135-9000
O'Neill, Mary Jo (Arizona)
EE-AZ-0135-0001 | EE-AZ-0135-0002 | EE-AZ-0135-9000
Reams, Gwendolyn Young (District of Columbia)
EE-AZ-0135-0001
Rosas, Lucila G. (Arizona)
EE-AZ-0135-0001 | EE-AZ-0135-9000
Valderrama, Hillary K. (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Defendant's Lawyers Blair, James Lawrence (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
McKay, Neil Todd (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -