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Case Name EEOC v. Echostar Communications Corporation nka Dish Ltd. EE-CO-0020
Docket / Court 02-M-0581 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 2002, the Denver District Office of the EEOC brought this suit against Echostar Communications Corporation, aka Dish, Ltd., in the U.S. District Court for the District of Colorado alleging discrimination in violation of Title I of the Americans with Disabilities Act of 1990 (ADA). ... read more >
In March 2002, the Denver District Office of the EEOC brought this suit against Echostar Communications Corporation, aka Dish, Ltd., in the U.S. District Court for the District of Colorado alleging discrimination in violation of Title I of the Americans with Disabilities Act of 1990 (ADA). Specifically, the complaint alleged that the defendant refused to reasonably accommodate the charging party's disability, blindness, and refused to hire him because of his blindness.

The charging party intervened in the suit in June 2002. After some scheduling orders and discovery, the EEOC filed a motion for partial summary judgment in October 2004 which was denied about a month later in November of that year. The case proceeded to a trial by jury in May. The jury rendered a verdict for the plaintiffs, and granted $8 million in punitive damages; however, the court never entered a judgment on the verdict. Instead, a consent decree was entered. The defendant agreed to pay $450,000. The four-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: implement and post an anti-discrimination policy, adopt and post a reasonable accommodation policy, implement text-to-speech software for use by its customer service representatives, hire any qualified blind or sight-impaired applicants for available customer service positions, provide ADA training, report to the EEOC at specified intervals.

Jason Chester - 07/06/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Hiring
Testing
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) Echostar Communications Corporation
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 2005 - 2009
Case Closing Year 2005
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)
1:02-cv-00581-RPM-BNB (D. Colo.) 09/08/2005
EE-CO-0020-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/21/2002
EE-CO-0020-0001 PDF | Detail
Complaint of Intervenor Dale Alton 06/04/2002
EE-CO-0020-0002 PDF | Detail
Verdict 05/06/2005 (D. Colo.)
EE-CO-0020-0003 PDF | Detail
EEOC Wins $8 Million Jury Verdict for Blind Worker In Disability Bias Case Against Echostar 05/06/2005
EE-CO-0020-0005 PDF | Detail
Consent Decree 09/07/2005
EE-CO-0020-0004 PDF | Detail
EEOC Performance and Accountability Report FY 2005: Appendixes 12/02/2005
EE-CO-0020-0007 PDF | Detail
EEOC Performance and Accountability Report FY 2005: Strategic Objective 1 12/05/2005
EE-CO-0020-0006 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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