University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MIKE ALBERT LEASING INCORPORATED EE-TX-0226
Docket / Court 4:06-cv-03062 ( 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 this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in ... read more >
The Houston office of the EEOC brought this suit against Mike Albert Leasing Inc., in September 2006, in the U.S. District Court for the Southern District of Texas. The complaint alleged that Mike Albert Leasing fired the complainant due to his age, in violation of the Age Discrimination in Employment Act. After some discovery and a failed motion by the defendant for summary judgment, the parties settled the case by entry of a consent decree in February 2008.

The consent decree, which is in effect for four years, has non-discrimination and non-retaliation clauses, requires the posting of a notice regarding discrimination, and requires annual training for all employees, including extra training on the requirements of federal anti-discrimination law and the consequences of violation for supervisory employees. Additionally, the decree requires Mike Albert Leasing to remove all documents related to the complaint or the lawsuit from the complainant's personnel file and to pay $100,000.00 in settlement of the claims. If the EEOC finds Mike Albert Leasing in breach of the decree, it will give Mike Albert Leasing 30 days to remedy the non-monetary portions of the decree or 5 days to remedy the monetary portions, after which it may seek court enforcement of the decree, including possible sanctions.

Kevin Wilemon - 06/02/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Mike Albert Leasing 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 2008 - 2012
Case Closing Year 2008
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)
4:06-cv-03062 (S.D. Tex.) 03/17/2008
EE-TX-0226-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-TX-0226-0002.pdf | Detail
Plea in Intervention 01/22/2007
EE-TX-0226-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/08/2007 (S.D. Tex.)
EE-TX-0226-0003.pdf | Detail
Order [re: Summary Judgment] 12/03/2007 (S.D. Tex.)
EE-TX-0226-0004.pdf | Detail
Order of Dismissal 12/06/2007 (S.D. Tex.)
EE-TX-0226-0005.pdf | Detail
Consent Decree 02/21/2008
EE-TX-0226-0006.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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