University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Arizona Public Service EE-NM-0007
Docket / Court CIV 06 0865 MV/LFG ( D.N.M. )
State/Territory New Mexico
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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. ... read more >
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.

Daisy Manning - 05/13/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reinstatement
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Arizona Public Service Company
The Atlantic Group
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 - 2010
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
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)
6:06-cv-00865-MV-LFG (D.N.M.) 06/11/2007
EE-NM-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/14/2006
EE-NM-0007-0001 PDF | Detail
Consent Decree 06/11/2007
EE-NM-0007-0002 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

- click to show/hide ALL -

new search
page permalink

- top of page -