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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. COMMERCIAL COATING SERVICE, INC. EE-TX-0083
Docket / Court 4:03-cv-03984 ( 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 September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of ... read more >
In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, a former employee of the defendant alleged that four co-workers constantly used racial slurs to refer to him, instead of his name. When he complained about the treatment nothing was done. After enduring this for months, a White male co-worker slipped a noose around his neck and a brawl began. The co-worker was fired, sent to prison, and a formal report was written.

The charging party intervened as a plaintiff. During the litigation, the complainant was awarded damages for non-pecuniary losses prior the the EEOC resolution of the case. The defendant moved for summary judgment, and the motion was granted as to the intervenor-plaintiff's tort claims. After a barrage of discovery motions, the parties settled and a consent decree was entered in March 2004. The employee was awarded $1,000,000 in damages, and the defendant agreed to make a formal apology and to plant a tree on the company's premises in honor of his employment.

The consent decree also stipulated that the defendant would refrain from retaliating or discriminating on the basis of color or race, issue a neutral cover letter, expunge employment records, discipline two supervisors, never provide employment to four named individuals, appoint an EEO consultant, adopt a racial harassment policy, provide EEO training, post EEO notices, implement a complaint system, make a good faith effort to recruit Black people, and submit semiannual compliance reports. No fees or costs were awarded. The terms of the decree ran for four years.

Jason Chester - 06/26/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Apology
Auditing
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Commercial Coating Service, Inc.
John Wrublewski
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 2006 - 2010
Case Closing Year 2006
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)
4:03-cv-03984 (S.D. Tex.) 04/04/2006
EE-TX-0083-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order 02/11/2004 (220 F.R.D. 300) (S.D. Tex.)
EE-TX-0083-0006 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order [Denying Motion to Strike and Dismiss and Granting Motion to Dismiss] 06/17/2004 (S.D. Tex.)
EE-TX-0083-0001 PDF | Detail
Memorandum and Order [Granting in Part Motion for Summary Judgment] 05/31/2005 (2005 WL 6439215) (S.D. Tex.)
EE-TX-0083-0002 PDF | WESTLAW | Detail
Order [Denies and Grants Motions to Quash and Motions for Protective Orders] 09/09/2005 (S.D. Tex.)
EE-TX-0083-0003 PDF | Detail
Consent Decree 03/21/2006
EE-TX-0083-0004 PDF | Detail
EEOC Litigation Settlement Report 03/21/2006
EE-TX-0083-0005 PDF | Detail
Judges Botley, Calvin (S.D. Tex.) [Magistrate]
EE-TX-0083-9000
Ellison, Keith P. (S.D. Tex.)
EE-TX-0083-9000
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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