Case: EEOC v. Moore & Cowart Contractors

3:03-cv-00121 | U.S. District Court for the Western District of Texas

Filed Date: April 7, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In April 2003, the EEOC San Antonio District Office filed this suit against Moore & Cowart Contractors, Inc., a general construction firm, in the U.S. District Court for Western District of Texas. The aggrieved female employee initially filed a claim under the Texas Commission on Human Rights Act. This case was then consolidated with the EEOC's suit, which alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it allowed the aggrieved employee to suffer from inappr…

In April 2003, the EEOC San Antonio District Office filed this suit against Moore & Cowart Contractors, Inc., a general construction firm, in the U.S. District Court for Western District of Texas. The aggrieved female employee initially filed a claim under the Texas Commission on Human Rights Act. This case was then consolidated with the EEOC's suit, which alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it allowed the aggrieved employee to suffer from inappropriate sexual conduct in the form of verbal and physical hazing by her male coworkers, resulting in a hostile work environment. Over the course of approximately one year the parties engaged in two scheduling conferences and a few minor discovery disputes. However, in May 2004 the parties decided to settle the case with a consent judgment.

The consent decree set forth that the jurisdiction of the court would last no more than three years. Moore & Cowart were ordered to pay the aggrieved employee $35,000 without regard to apportionment for specific damage claims. The aforementioned amount was also inclusive of attorney's fees. Further, the court ordered that the defendant's would employees attend 2-4 hours of training to explain how to interact and interface with coworkers appropriately. Also, the court ordered that the defendant must post a notice explaining to employees that it will not discriminate on the basis of sex, race, color, national origin, or religion and that the defendant would not retaliate against employees who engage in bringing such violations to the attention of the defendant. Lastly, the court gave the EEOC compliance authority over the defendant in the form of (a) conducting inspections of the defendant's facilities, (b) interviewing the defendant's employees, and (c) examining and copying relevant documents.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Jason Chester (5/29/2007)

Clearinghouse (12/26/2018)

Related Cases

Anchondo v. Moore & Cowart Contractors, Inc., Western District of Texas (2003)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4400958/parties/equal-employment-v-moore-cowart-contr/


Judge(s)

Mesa, Richard P. (Texas)

Judge(s)

Mesa, Richard P. (Texas)

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Documents in the Clearinghouse

Document

3:03-cv-00121

Docket [PACER]

EEOC v. Moore & Cowart Contractors, Inc.

May 21, 2004

May 21, 2004

Docket
1

3:03-cv-00121

Complaint []

EEOC v. Moore & Cowart Contractors, Inc.

April 7, 2003

April 7, 2003

Complaint
23

3:03-cv-00121

Order Granting Plaintiff's Motion to Compel

EEOC v. Moore & Cowart Contractors, Inc.

March 10, 2004

March 10, 2004

Order/Opinion
25

3:03-cv-00121

Consent Decree

EEOC v. Moore & Cowart Contractors, Inc.

May 17, 2004

May 17, 2004

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4400958/equal-employment-v-moore-cowart-contr/

Last updated March 21, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
18

Certificate of service by Moore & Cowart Contractors, Defendant's Response to Plaintiff's Motion to Compel Discovery (aq) (Entered: 02/03/2004)

Feb. 2, 2003

Feb. 2, 2003

PACER
1

Complaint filed. (Pages: 5) (jm) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

RECAP

Case assigned to Judge David Briones (jm) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

2

Order directing parties to comply with Federal Rule of Civil Procedure 26 and Local Rule CV-16 signed by Judge David Briones (rc) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

PACER
3

Joint motion by Equal Employment, Moore & Cowart Contr to consolidate cases (fe) (Entered: 06/11/2003)

June 10, 2003

June 10, 2003

PACER
4

Order granting joint motion to consolidate cases [3-1] signed by Judge David Briones EP-03-cv121DB lead case and EP-03-cv-135DB member case this case is consolidate with EP-03-CV-121DB all filing to be docketed in this case. (fe) (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

PACER
5

Order that joint motion to extend the time to file proposed discovery plant is granted due 6/30/03(this motion is in member case 3:03cv135) signed by Judge David Briones (fe) (Entered: 06/18/2003)

June 16, 2003

June 16, 2003

PACER
6

Notice of filing proposed discovery plan by Equal Employment, Moore & Cowart Contr (mt) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

PACER
7

Scheduling order setting Joining of parties, amending of pleadings on 8/29/03 Deadline for filing of all motions 2/13/04 Discovery cutoff 2/2/04 ; Alternate Dispute Resolution Report due by 1/31/03 ; Jury Selection set for 9:00 3/29/04 ; Jury trial set for 9:00 3/29/04 signed by Judge David Briones (mt) (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

PACER
8

Letter/Correspondence regarding: from the Court regarding courtroom protocol (mt) (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

PACER
9

Alternate Dispute Resolution Report filed by Equal Employment, Moore & Cowart Contr, Manuela Anchondo, Moore & Cowart Contr, Party(s) agree to Alternate Dispute Resolution (fe) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

PACER
10

Order transferring case signed by Judge David Briones to the docket of Judge Kathleen Cardone (mm1) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

PACER
11

Order regarding motion filing procedure before Judge Cardone signed by Judge Kathleen Cardone (mm1) (Entered: 09/24/2003)

Sept. 18, 2003

Sept. 18, 2003

PACER
12

Order regarding magistrate referrals signed by Judge Kathleen Cardone (mm1) (Entered: 09/24/2003)

Sept. 18, 2003

Sept. 18, 2003

PACER
13

Proposed / Witness List by Equal Employment (mt) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
14

Return of service executed as to Moore & Cowart Contractors, Inc. in re: Moore & Cowart Contr on 12/11/03 (aq) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

PACER
15

Motion by Equal Employment to compel (aq) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

PACER
16

Motion by Equal Employment, Moore & Cowart Contr, Manuela Anchondo to amend scheduling order so as to enlarge the remaining deadlines by one month (aq) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
17

Order granting motion to amend scheduling order so as to enlarge the remaining deadlines by one month [16-1] re scheduling order deadlines: ; Deadline for filing of all motions by 3/15/04 ; Discovery deadline on 3/1/04 ; Jury Selection set for 4/26/04 ; Jury Trial set for 4/26/04 signed by Judge Kathleen Cardone (aq) (Entered: 01/29/2004)

Jan. 28, 2004

Jan. 28, 2004

PACER
19

Response by Moore & Cowart Contr motion to compel [15-1] (aq) (Entered: 02/05/2004)

Feb. 4, 2004

Feb. 4, 2004

PACER
20

Certificate of service by Moore & Cowart Contractors, Defendant's Response to Plaintiff's Motion to Compel Discovery (aq) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
21

Notice Motion hearing motion to compel [15-1] for 2:00 3/4/04 set before U.S. Magistrate Mesa (aq) Modified on 02/10/2004 (Entered: 02/10/2004)

Feb. 9, 2004

Feb. 9, 2004

PACER
22

Minutes of proceedings for discovery-motion to compel conducted on 3/4/04 by Judge Mesa. Court Reporter: electronic recording (dl1) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

PACER
23

Order granting motion to compel [15-1] signed by Honorable Richard P. Mesa (dl1) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

PACER
24

Joint Motion by Equal Employment, Moore & Cowart Contr, Manuela Anchondo for Entry of Consent Decree (aq) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
25

CONSENT DECREE, Order granting motion for Entry of Consent Decree [24-1] signed by Judge Kathleen Cardone (aq) (Entered: 05/17/2004)

May 17, 2004

May 17, 2004

PACER
26

Consent Decree signed by Judge Kathleen Cardone (Pages: 9) (aq) (Entered: 05/21/2004)

May 17, 2004

May 17, 2004

PACER

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: April 7, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Moore & Cowart Contractors, Inc. (El Paso), Private Entity/Person

Moore & Cowart Contractors, Inc. (El Paso), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 35000

Order Duration: 2004 - 2007

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits