University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. MCCALL-TL LTD (d/b/a STERLING MCCALL LEXUS) EE-TX-0221
Docket / Court 4:01-cv-02401 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In July 2001, the Houston office of the EEOC brought this Title VII suit against McCall-TL Ltd. (d/b/a Sterling McCall Lexus) and Group 1 Automotive in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated against the claimant because of ... read more >
In July 2001, the Houston office of the EEOC brought this Title VII suit against McCall-TL Ltd. (d/b/a Sterling McCall Lexus) and Group 1 Automotive in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated against the claimant because of his race (African-American). More specifically, the defendant failed to promote the claimant to the position of Used Car Salesman Manager, and instead promoted a less qualified, non-African American subordinate of the claimant. After both of the defendant's partial motions for summary judgment were denied, the case settled by entry of a consent decree in July 2002.

The two year consent decree required the defendant to pay the claimant $70,000 in back pay and compensatory damages, refrain from discrimination and retaliation, provide annual training for managers, expunge the claimant's record, provide positive references for the claimant, and give the EEOC reports of compliance every six months.

Kevin Wilemon - 07/13/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Promotion
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Group 1 Automotive, Inc
McCall-TL Ltd
McCall-TL Ltd.
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 2002 - 2004
Case Closing Year 2002
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)
4:01-cv-02401 (S.D. Tex.) 07/17/2002
EE-TX-0221-9000 PDF | Detail
General Documents
Order Denying Motion for Partial Dismissal 09/21/2001 (S.D. Tex.)
EE-TX-0221-0001 PDF | Detail
Order Denying Motion for Partial Summary Judgment 04/30/2002 (S.D. Tex.)
EE-TX-0221-0002 PDF | Detail
Consent Decree 07/18/2002
EE-TX-0221-0003 PDF | Detail
Judges Stacy, Frances H. (S.D. Tex.) [Magistrate]
EE-TX-0221-9000
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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