Case: EEOC v. Oxycare Plus

5:03-cv-00243 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 26, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2003, the EEOC district office of El Paso, Texas brought this suit against Oxycare Plus, Inc. in the U.S. District Court for the Northern District of Texas. The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. It was alleged that the defendant unlawfully limited the aggrieved employee's hours by denying her the right to work weekends or to work on an "on call" basis. It was also alleged that the employee was unlawfully discharged. …

In September 2003, the EEOC district office of El Paso, Texas brought this suit against Oxycare Plus, Inc. in the U.S. District Court for the Northern District of Texas. The complaint alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. It was alleged that the defendant unlawfully limited the aggrieved employee's hours by denying her the right to work weekends or to work on an "on call" basis. It was also alleged that the employee was unlawfully discharged. After the initial complaint and answer, the parties jointly moved for a consent decree.

The consent decree's conditions were as follows: defendent must (1) pay the aggrieved employee $38,000, (2) issue a neutral recommendation letter, (3) provide a working environment free of sex discrimination, (4) post notices stating the defendant's policy not to discriminate on the basis of race, sex, color, religion, or national origin, (5) and provide not less than 3 hours of training for its employees explaining the law of employment discrimination and the effects of such discrimination. Each party had to bear its own costs.

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

Summary Authors

Joel Pettit (5/30/2007)

Clearinghouse (12/26/2018)

Documents in the Clearinghouse

Document

5:03-cv-00243

Docket [PACER]

EEOC v. Care Trak of Lubbock, Inc.

June 1, 2004

June 1, 2004

Docket
1

5:03-cv-00243

Complaint

EEOC v. Care Trak of Lubbock, Inc.

Sept. 26, 2003

Sept. 26, 2003

Complaint
13

5:03-cv-00243

Consent Decree

EEOC v. Care Trak of Lubbock, Inc.

June 1, 2004

June 1, 2004

Settlement Agreement
12

5:03-cv-00243

Order Granting Parties' Joint Motion for Entry of Consent Decree

EEOC v. Care Trak of Lubbock, Inc.

June 1, 2004

June 1, 2004

Order/Opinion

Resources

Docket

Last updated March 24, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Oxycare Plus Inc , filed by Equal Employment Opportunity Commission.(dks, ) (Entered: 09/29/2003)

Sept. 26, 2003

Sept. 26, 2003

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (dks, ) (Entered: 09/29/2003)

Sept. 26, 2003

Sept. 26, 2003

2

WAIVER OF SERVICE Returned Executed as to Oxycare Plus Inc. Waiver sent on 10/9/2003, answer due 12/8/2003. (bdg, ) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

3

ORIGINAL ANSWER to Complaint by Oxycare Plus Inc.(bdg, ) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

4

CERTIFICATE OF INTERESTED PERSONS by Oxycare Plus Inc. (bdg, ) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

5

SCHEDULING ORDER: Amended Pleadings due by 3/15/2004. Discovery due by 10/15/2004. Joinder of Parties due by 3/15/2004. Motions, including motions for summary judgment due by 10/15/2004. Experts must be disclosed by 06/15/2004. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 12/01/03) (bdg, ) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

6

FIRST AMENDED ANSWER to 1 Complaint by Oxycare Plus Inc. (bdg, ) (Entered: 12/11/2003)

Dec. 9, 2003

Dec. 9, 2003

7

Order Unfiling 6 Amended Answer to Complaint filed by Oxycare Plus Inc due to the following deficiency: A motion for leave to amend must be accompanied by a copy of the porposed amended pleading attached as an exhibit and an original and second copy of the proposed pleading that is neither attached to the motion nor made an exhibit to the motion. cc:pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 12/11/03) (bdg, ) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

9

MOTION To Change Name by Oxycare Plus Inc (bdg, ) (Entered: 05/20/2004)

May 19, 2004

May 19, 2004

10

ORDER granting 9 Motion To Change Name ; It is ordered, adjudged and decreed that the style of this cause should be amended to reflect Defendant's new name, Care Trak of Lubbock, Inc, and that Defendant shall be referred to as such in all future pleadings filed with this Court. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 05/20/04) (bdg, ) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

11

JOINT MOTION for Entry of Consent Decree. (bdg, ) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

12

ORDER granting 11 Joint Motion for Entry of Consent Decree; It is therefore ordered that the Consent Decree, which was attached as Exhibit A to the Parties' Joint Motion for Entry of Consent Decree shall be FILED. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 06/01/04) (bdg, ) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

13

JUDGMENT ; Consent Decree - SEE ORDER FOR FURTHER INFORMATION. cc:pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 06/01/04) (bdg, ) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

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: Sept. 26, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oxycare Plus, Inc. (Lubbock, Texas), 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: 38000

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

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits