Case: EEOC v. Neatherlin Homes

5:04-cv-00788 | U.S. District Court for the Western District of Texas

Filed Date: Aug. 31, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's San Antonio district office filed suit against Neatherlin Homes, Inc., a Texas house construction company, on August 31, 2004 in the U.S. District Court for the Western District of Texas. The EEOC's complaint alleged that Neatherlin violated Title VII when it discriminated against one of its employees based on sex (female) when it terminated her from a sales position because of her pregnancy. After the EEOC forewent ADR, the parties settled the suit and the court entered a consent decree on August 18, 2005. The consent decree enjoined Neatherlin from engaging in future sexual discrimination, required both Title VII compliance training of all of Neatherlin's managerial and supervisory staff, the posting of a notice of compliance with Title VII, and stipulated that the aggrieved employee would receive $65,000 in monetary damages.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Aaron Weismann (6/1/2007)

Clearinghouse (12/26/2018)

Documents in the Clearinghouse

Document

5:04-cv-00788

Docket (PACER)

Equal Employment v. Neatherlin Homes, Inc.

Aug. 18, 2005

Aug. 18, 2005

Docket
1

5:04-cv-00788

Complaint

Equal Employment Opportunity Commission v. Neatherlin Homes, Inc.

Aug. 31, 2004

Aug. 31, 2004

Complaint
17

5:04-cv-00788

Consent Decree

Equal Employment Opportunity Commission v. Neatherlin Homes, Inc.

Aug. 18, 2005

Aug. 18, 2005

Settlement Agreement

Resources

Docket

Last updated April 15, 2024, 3:22 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Hon. W. R. Furgeson Jr. (ep) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (ep) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

1

Complaint filed. (Pages: 5) (ep) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

2

Demand for jury trial by Equal Employment (ep) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

3

Waiver of Service by Neatherlin Homes, In ; Notice and Request Mailed on 9/8/04 ; Answer due on 12/7/04 for Neatherlin Homes, In (tm) (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

4

Non-consent to proceed before a U.S. Magistrate by Equal Employment (tm) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

5

Answer by Neatherlin Homes, In (tm) (Entered: 11/09/2004)

Nov. 8, 2004

Nov. 8, 2004

6

Order and Advisory: parties shall submit a proposed scheduling order to the Court by 1/18/05 and whether or not they consent to a Magistrate Judge jurisdiction within 30 days of the filing date of this order signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 11/16/2004)

Nov. 15, 2004

Nov. 15, 2004

7

Non-consent to proceed before a U.S. Magistrate by Equal Employment (sj) (Entered: 12/09/2004)

Dec. 8, 2004

Dec. 8, 2004

8

Notice of filing by Equal Employment and Neatherlin Homes, Inc. regarding report of parties' rule 26(f) joint discovery/case management plan (tm) Modified on 12/10/2004 (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

9

Non-consent to proceed before a U.S. Magistrate by Neatherlin Homes, Inc. (tm) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

10

Recommendations for scheduling order by Equal Employment, Neatherlin Homes, In (tm) (Entered: 01/07/2005)

Jan. 6, 2005

Jan. 6, 2005

11

Scheduling order setting ; Alternate Dispute Resolution Report due by 2/7/05, Joining of parties, amending of pleadings on 4/10/05, Discovery cutoff 7/28/05, Deadline for filing of all dispositive motions 8/25/05 ; Jury Selection set for 9:00 12/5/05 ; Jury trial set for 9:00 12/5/05 signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 01/12/2005)

Jan. 11, 2005

Jan. 11, 2005

12

Alternate Dispute Resolution Report filed by Equal Employment, Party (s) do not agree to Alternate Dispute Resolution (tm) (Entered: 02/02/2005)

Feb. 1, 2005

Feb. 1, 2005

13

Alternate Dispute Resolution Report filed by Neatherlin Homes, In, Party (s) agree to Alternate Dispute Resolution (tm) (Entered: 02/09/2005)

Feb. 8, 2005

Feb. 8, 2005

14

Designation of expert witness filed by Equal Employment (tm) (Entered: 04/29/2005)

April 28, 2005

April 28, 2005

15

Joint notice by Equal Employment, Neatherlin Homes, In of: pending settlement (tm) (Entered: 08/08/2005)

Aug. 5, 2005

Aug. 5, 2005

16

Joint motion by Equal Employment, Neatherlin Homes, In to enter consent decree (tm) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

17

Consent Decree: granting joint motion to enter consent decree [16-1] signed by Hon. W. R. Furgeson Jr. (tm) (Entered: 08/19/2005)

Aug. 18, 2005

Aug. 18, 2005

Case closed (tm) (Entered: 11/02/2005)

Aug. 18, 2005

Aug. 18, 2005

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 31, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Neatherlin Homes, Inc. (San Antonio), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 65000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits