University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WASTE MANAGEMENT OF TEXAS, INC., WASTE MANAGEMENT, EE-TX-0407
Docket / Court 1:98-cv-00515-JRN ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 1998, the San Antonio District Office of the EEOC brought this suit against Waste Management of Texas, Inc., d/b/a Longhorn Disposal, in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint. However, according to the consent decree, the ... read more >
In August 1998, the San Antonio District Office of the EEOC brought this suit against Waste Management of Texas, Inc., d/b/a Longhorn Disposal, in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, it was alleged that the defendant subjected the charging party, a Mexican employee, to an ethically hostile work environment, resulting in his constructive discharge. In addition, the defendant utilized an impermissible "English only" policy. After some discovery disputes, the parties settled through a consent decree in April 1999.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide EEO training to its supervisors and managers, post a Title VII notice, provide the charging party with a neutral reference, and pay $85,000 to the charging party.

Michele Marxkors - 06/11/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Texas Waste System, Inc.
Waste Management of Texas, Inc.
Waste Managment, 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 1999 - 2001
Case Closing Year 1999
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)
1:98-cv-00515-JRN (W.D. Tex.) 04/01/1999
EE-TX-0407-9000.pdf | Detail
General Documents
Order [Granting Motion to Partially Dismiss] 04/01/1999 (W.D. Tex.)
EE-TX-0407-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/01/1999
EE-TX-0407-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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