University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. TEXAS EAR, NOSE& THROAT CONSULTANTS EE-TX-0356
Docket / Court 4:05-cv-03374 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the Houston District Office of the EEOC brought this suit against Texas Ear, Nose & Throat Consultants, P.L.L.C. in the U.S. District Court for the Southern District of Texas alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the ... read more >
In September 2005, the Houston District Office of the EEOC brought this suit against Texas Ear, Nose & Throat Consultants, P.L.L.C. in the U.S. District Court for the Southern District of Texas alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant harassed and fired the charging party, a female employee, for reporting interactions between a doctor and nurse that she believed to be sexual harassment. After some discovery and scheduling orders, the parties settled in October 2006 through a consent decree.

The one-year decree contained a non-retaliation clause and required the defendant to: maintain its written EEO policy, expunge the charging party's personnel file of all references to the charge of discrimination, provide her with a neutral reference, and pay her $40,000.

Michele Marxkors - 07/03/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Expungement of Employment Record
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
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Texas Ear, Nose & Throat Consultants, P.L.L.C.
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 - 2007
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)
4:05-cv-03374 (S.D. Tex.) 12/04/2006
EE-TX-0356-9000 PDF | Detail
General Documents
Original Complaint 09/30/2005
EE-TX-0356-0001 PDF | Detail
Amended Original Complaint 11/30/2005
EE-TX-0356-0002 PDF | Detail
Memorandum and Order [Regarding Defendant's Motion to Strike] 03/10/2006 (2006 WL 626309 / 2006 U.S.Dist.LEXIS 14656) (S.D. Tex.)
EE-TX-0356-0004 PDF | WESTLAW| LEXIS | Detail
Consent Decree 10/16/2006
EE-TX-0356-0003 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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