University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Protocol Communications aka Canicom, Inc. and Southside EE-CO-0047
Docket / Court 02-RB-2161 (BNB) ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Colorado district office sued Protocol Communications, Inc., a national telemarketing company, on November 18, 2002 in the U.S. District Court for the District of Colorado. The EEOC's complaint alleged that Protocol engaged in discriminatory hiring practices based on physical disability ... read more >
The EEOC's Colorado district office sued Protocol Communications, Inc., a national telemarketing company, on November 18, 2002 in the U.S. District Court for the District of Colorado. The EEOC's complaint alleged that Protocol engaged in discriminatory hiring practices based on physical disability (blindness) and refused to accommodate the potential employee, who intervened in the suit in December 2004. Protocol filed numerous motions for summary judgment against the EEOC in January 2004, May 2004, and October 2004; while the EEOC filed motions to enter default judgment against Southside Personal Services, the company that recommended the intervenor to Protocol, and for partial summary judgment against Protocol in June 2004 and another motion for summary judgment in October 2004. None of these motions were granted. After an emergency motion to enforce the parties' settlement filed by the intervenor in December 2006, the parties entered into a consent decree on January 5, 2005.

The consent decree stipulated that Protocol would pay the intervenor $50,600 in damages, refrain from future discriminatory practices, appoint a senior-level employee to establish accommodation procedures, hire blind or visually impaired employees, and report its progress semi-annually to the EEOC.

Kevin Wilemon - 05/31/2007


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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
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Reporting
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Protocol Communications, Inc,
Southside Personnel Services, Inc.
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 not on record
Case Closing Year 2005
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)
1:02-cv-02161-REB-BNB (D. Colo.) 01/05/2005
EE-CO-0047-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Office of General Counsel Annual Report (FY 2005) 04/13/2006
EE-CO-0047-0001.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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