University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SABIC AMERICAS, INC. EE-TX-0313
Docket / Court H-05-3362 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Houston office of the EEOC brought suit against SABIC Americas Inc. in the U.S. District Court for the Southern District of Texas in September 2005. The complaint alleged discrimination based on national origin and sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, ... read more >
The Houston office of the EEOC brought suit against SABIC Americas Inc. in the U.S. District Court for the Southern District of Texas in September 2005. The complaint alleged discrimination based on national origin and sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged her wages were lower than similarly situated employees because of her national origin (Syrian) and sex and the defendant retaliated against her for complaining by reducing her work duties, changing her job status, retrieving and reviewing her emails and ultimately firing her. The EEOC and SABIC entered a consent decree in November 2005, which was not binding on the claimant, who had filed a private party complaint. By January 2006, the claimant and SABIC entered a settlement and the judge ordered a conditional order of dismissal. We do not have access to the settlement agreement between the claimant and SABIC.

The consent decree between the EEOC and SABIC included non-discrimination and non-retaliation clauses, required the development of an anti-discrimination policy, and required that the policy remain posted for the term of the consent decree. SABIC was also required to provide a training program on discrimination to all of its human resources staff, supervisors and/or managers. Additionally, SABIC was required to upgrade the professionalism of its internal investigations and was required to report on who was interviewed as part of the investigation and why they were interviewed. The decree also required the expungement of the claimant's employment record and required SABIC to give a neutral reference to any potential employer of the claimant's. SABIC additionally agreed to cooperate with any investigation undertaken by the EEOC. The injunctive parts of the decree had a two and a half year term. If the EEOC found non-compliance, the decree required the EEOC to give SABIC notice and a chance to remedy prior to application for court enforcement.

Kevin Wilemon - 06/01/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Sabic Americas 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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2008
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)
H-05-3362 (S.D. Tex.) 01/27/2006
EE-TX-0313-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/11/2007
EE-TX-0313-0001.pdf | Detail
Consent Decree 05/11/2007
EE-TX-0313-0002.pdf | Detail
Conditional Order of Dismissal 05/11/2007 (S.D. Tex.)
EE-TX-0313-0003.pdf | Detail
Judges Ellison, Keith P. (S.D. Tex.)
EE-TX-0313-0003
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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