University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BLUE FLASH EXPRESS LLC EE-TX-0047
Docket / Court H-06-0755 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 2006, this case was brought by the EEOC's Houston District Office against Blue Flash Express in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by terminating the charging party, a ... read more >
In March 2006, this case was brought by the EEOC's Houston District Office against Blue Flash Express in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by terminating the charging party, a female Hispanic employee, in retaliation for her opposition to the distribution of racially derogatory materials by her manager. After the defendant's motion for summary judgment was denied in March 2007, the parties settled through a consent decree in early May 2007.

The decree, containing both non-discrimination and non-retaliation clauses, provided that the defendant must pay $7,000 to the charging party and post an EEOC provided notice in the workplace.

Michele Marxkors - 05/31/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Blue Flash Express, L.L.C.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
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 2007 - 2008
Case Closing Year 2007
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)
4:06-cv-00755 (S.D. Tex.) 05/10/2007
EE-TX-0047-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Original Complaint 03/07/2006
EE-TX-0047-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/22/2007 (S.D. Tex.)
EE-TX-0047-0002.pdf | Detail
Consent Decree 05/10/2007
EE-TX-0047-0003.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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