University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NEXION HEALTH INC (d/b/a MOUNT PLEASANT HEALTHCARE CENTER) EE-TX-0253
Docket / Court 2:03-cv-00343-TJW ( E.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the Dallas District Office of the EEOC brought this suit against Nexion Health, Inc., d/b/a Mount Pleasant Healthcare Center, in the U.S. District Court for the Eastern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act ... read more >
In September 2003, the Dallas District Office of the EEOC brought this suit against Nexion Health, Inc., d/b/a Mount Pleasant Healthcare Center, in the U.S. District Court for the Eastern District of Texas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant transferred the charging party, a female employee, from a full-time position to a part-time position because she was pregnant. After some scheduling orders, it appears that the parties decided to settle in February 2004. However, they did not reach a final settlement until April 2004 when they settled through a consent decree.

The three-year decree contained non-discrimination and non-retaliation clauses and required the defendant to: post a Title VII notice, provide annual Title VII training for its managers and supervisors at its Mount Pleasant location, report to the EEOC at specified intervals, and pay the charging party $15,000.

Michele Marxkors - 06/27/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Nexion Health, 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 2004 - 2007
Case Closing Year 2004
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)
2:03-cv-00343-TJW (E.D. Tex.) 09/10/2004
EE-TX-0253-9000 PDF | Detail
General Documents
Complaint 09/30/2003
EE-TX-0253-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/27/2004
EE-TX-0253-0002 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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