University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PROCEL INTERNATIONAL EE-CA-0172
Docket / Court CV05-7146 ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On 30 September 2005, the EEOC district office in Los Angeles, California brought this action against the Procel International Corporation and Procel Temporary Services, Inc. in the U.S. District Court for the Central District of California. Although the complaint is unvailable, the consent decree ... read more >
On 30 September 2005, the EEOC district office in Los Angeles, California brought this action against the Procel International Corporation and Procel Temporary Services, Inc. in the U.S. District Court for the Central District of California. Although the complaint is unvailable, the consent decree states that a deaf female employee alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 when it failed to hire her because of her disability. There were no substantive events in this case. On 5 October 2005, a consent decree was entered.

In the consent decree, the parties agreed that the defendant would pay the aggrieved party $130,000, refrain from retaliating and discriminating on the basis of disability, post an EEO notice in three of its facilities, revise its current anti-discrimination/harassment policy, implement a complaint procedure, provide EEO training to all its staff, distribute it revised anti-discrimination policy and include it in the employee handbook, make semiannual compliance/complaint reports, and hire and EEO consultant to ensure compliance with all the terms of the decree, to provide the EEO training, and to revise the aforementioned policy. No fees or costs were awarded. The terms of the decree run for two years.

Joel Pettit - 07/19/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Disability
Hearing impairment
Discrimination-area
Hiring
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Procel International Corporation
Procel Temorary Services, 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 2005 - 2007
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)
2:05-cv-07146-FMC-CT (C.D. Cal.) 10/05/2005
EE-CA-0172-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 09/30/2005
EE-CA-0172-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Litigation Settlement Report 10/06/2005
EE-CA-0172-0002.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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