University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name UGARTE v. DOUBLE TREE HOTEL CORPORATION et al EE-TX-0103
Docket / Court 1:03-cv-00596-SS ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Case Summary
The San Antonio District Office of the EEOC brought this suit against Doubletree Hotels Corporation, Doubletree Hotel Systems, Inc, Felcor Lodging Trust, Inc., FCH/DT Holding, LP (d/b/a Doubletree Hotels and Doubletree Guest Suites Austin), Hilton Hotels Corporation, and DT Management, Inc. (d/b/a ... read more >
The San Antonio District Office of the EEOC brought this suit against Doubletree Hotels Corporation, Doubletree Hotel Systems, Inc, Felcor Lodging Trust, Inc., FCH/DT Holding, LP (d/b/a Doubletree Hotels and Doubletree Guest Suites Austin), Hilton Hotels Corporation, and DT Management, Inc. (d/b/a Doubletree Hotel and Doubletree Guest Suites Austin) in the United States District Court for the Western District of Texas in September 2003. The complainant brought suit against the defendants in August 2003 in the United States District Court for the Western District of Texas. The EEOC's complaint alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. The private plaintiff's complaint alleged sexual harassment and retaliation in violation of Title VII, and violations of 42 U.S.C. ß1985(3), RICO, FLSA, Texas Labor Code, and Texas tort law. The cases were consolidated in March, 2004. Prior to consolidation, very little litigation activity occurred in the EEOC's case. In the private plaintiff's case, the individual defendant filed several partial motions to dismiss, some of which were granted and some denied. Shortly after consolidation, both cases were settled by settlement agreement in May 2004.

The 2-year settlement agreement, containing an anti-discrimination clause, required the defendant to: post notice of anti-discrimination policy, provide both management and supervisor training and training for all employees, retain records of complaints of sexual harassment, report to the EEOC regarding training, and pay the complainant $285,000.

Daisy Manning - 08/10/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Sex discrimination
EEOC-centric
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
State Anti-Discrimination Law
Defendant(s) Andrew Saldana
Doubletree Hotel Corporation
Doubletree Hotel Systems, Inc.
Doubletree Management Company
DT Management, Inc.
Hilton Hotels Corp.
X
Plaintiff Description An undocumented female worker who quitted her job at the hotel for sexual harassment of her supervisor.
Indexed Lawyer Organizations None on record
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 Voluntary Dismissal
Order Duration 2004 - 2006
Case Closing Year 2004
Case Ongoing No
Case Listing EE-TX-0460 : EEOC v. Doubletree Hotels Corporation (W.D. Tex.)
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)
1:03-cv-00596-SS (W.D. Tex.) 05/04/2004
EE-TX-0103-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Dismissing Particular Claims] 10/16/2003 (W.D. Tex.)
EE-TX-0103-0010 PDF | Detail
Plaintiff's Second Amended Original Complaint 11/12/2003
EE-TX-0103-0003 PDF | Detail
Plaintiff's Third Amended Original Complaint 12/11/2003
EE-TX-0103-0004 PDF | Detail
Plaintiff's Fourth Amended Original Complaint 12/31/2003
EE-TX-0103-0005 PDF | Detail
Order [Regarding Motions for Partial Dismissal, etc.] 02/10/2004 (W.D. Tex.)
EE-TX-0103-0006 PDF | Detail
Order [Regarding Motions to Dismiss, etc.] 03/10/2004 (W.D. Tex.)
EE-TX-0103-0007 PDF | Detail
Order of Dismissal 05/04/2004 (W.D. Tex.)
EE-TX-0103-0008 PDF | Detail
Settlement Agreement 05/04/2004
EE-TX-0103-0009 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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