Filed Date: Sept. 14, 2006
Closed Date: 2010
Clearinghouse coding complete
In September 2006, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged the defendant terminated the complainant's employment at a power plant due to a perceived disability. Following some discovery, the parties settled the lawsuit in June 2007 through a consent decree.
The three-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, allow the EEOC access for monitoring, reinstate the complaining party to his previous position, expunge the complainant's personnel record, post and distribute notice of employee rights, provide EEO training, and pay $125,000 to the complaining party. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.
Summary Authors
Daisy Manning (5/13/2008)
Clearinghouse (6/11/2017)
Last updated April 15, 2024, 3:02 a.m.
State / Territory: New Mexico
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 14, 2006
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The Atlantic Group (Fruitland, New Mexico), Private Entity/Person
Arizona Public Service Company (Fruitland, New Mexico), Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 125000
Order Duration: 2007 - 2010
Content of Injunction:
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Issues
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis:
Disability (inc. reasonable accommodations)
EEOC-centric: