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Case Name EEOC v. BROOKSHIRE GROCERY COMPANY EE-TX-0057
Docket / Court 5:06-cv-00115-CMC ( E.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In May 2006, the EEOC district office in Dallas, Texas brought this suit against the Brookshire Grocery Company, a general food store, in the U.S. District Court for the Eastern District of Texas. The complaint was brought on behalf of a woman who had Hepatitis C and alleged that the defendant ... read more >
In May 2006, the EEOC district office in Dallas, Texas brought this suit against the Brookshire Grocery Company, a general food store, in the U.S. District Court for the Eastern District of Texas. The complaint was brought on behalf of a woman who had Hepatitis C and alleged that the defendant violated Title I of the American with Disabilities Act of 1990 (ADA) when it subjected the complainant, a deli worker, to an unlawful medical exam/inquiry, demoted her, then constructively discharged her because of her disability.

The charging party intervened, and all parties agreed to proceed in front of a magistrate. The EEOC fought for and was awarded a protective order allowing the suit to be brought without identifying the complainant's real name.



In March 2007, the case was settled. In a consent decree, the parties agreed that the defendant would refrain from discriminating on the basis of disability, revise its "Sick Partners" policy, issue a neutral reference letter, expunge the complainant's employee files, pay the complainant $50,000, ensure that it was correct if it terminated anyone for having a communicable disease, post EEO notices, provide EEO training to all its employees, and submit a compliance reports. No fees or costs were awarded. The terms of the decree run for two years.

Jason Chester - 07/03/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Brookshire Grocery Company
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 - 2009
Case Closing Year 2007
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)
5:06-cv-00115-CMC (E.D. Tex.) 03/01/2007
EE-TX-0057-9000 PDF | Detail
General Documents
Complaint 05/30/2006
EE-TX-0057-0001 PDF | Detail
Order [Regarding Plaintiff's Motion for Protective Order] 07/24/2006 (E.D. Tex.)
EE-TX-0057-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Plaintiff's Motion for Protective Order - After Previous Order Vacated] 10/23/2006 (E.D. Tex.)
EE-TX-0057-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/01/2007
EE-TX-0057-0004 PDF | Detail
Judges Craven, Caroline M. (E.D. Tex.) [Magistrate]
EE-TX-0057-9000
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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