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Case Name EEOC v. LUBY'S INC EE-AZ-0070
Docket / Court 2:04-cv-01094-DGC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
NDRN/Protection & Advocacy Organizations
Case Summary
In May 2004, the Phoenix District Office of the EEOC brought this suit against Luby's Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint. However, according to the consent decree and a court order in the case, the complaint alleged that the ... read more >
In May 2004, the Phoenix District Office of the EEOC brought this suit against Luby's Inc. in the U.S. District Court for the District of Arizona. We do not have a copy of the complaint. However, according to the consent decree and a court order in the case, the complaint alleged that the defendant violated the American with Disabilities Act of 1990 ("ADA") by discriminating against the charging party, an employee with mental retardation. Specifically, the defendant failed to reasonably accommodate the charging party's disability and subjected her to harassment, resulting in her constructive discharge. The charging party intervened in the suit in August 2004. After some discovery, the EEOC filed a partial motion for summary judgment in August 2005, and the defendant filed a complete motion for summary judgment that same day. Both of these motions were granted in part and denied in part in December 2005. After some more discovery, the parties finally settled in April 2006 through a consent decree.

The eighteen-month decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide annual ADA training to its employees, post and distribute its anti-discrimination policies, report to the EEOC every six months, and pay $60,000 for the charging party's attorneys' fees. In addition, the defendant agreed to: send the charging party a letter of apology, provide her with a neutral employment reference, expunge her personnel file of all references to the charge of discrimination, apologize to her, and pay her $90,000.

Kevin Wilemon - 06/26/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Apology
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Luby's Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
NDRN/Protection & Advocacy Organizations
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)
2:04-cv-01094-DGC (D. Ariz.) 05/09/2006
EE-AZ-0070-9000 PDF | Detail
General Documents
Order [Regarding Motions for Partial Summary Judgment] 12/29/2005 (2005 WL 3560616 / 2005 U.S.Dist.LEXIS 38089) (D. Ariz.)
EE-AZ-0070-0002 PDF | WESTLAW| LEXIS | Detail
Consent Decree 04/19/2006
EE-AZ-0070-0001 PDF | Detail
Judges Campbell, David G. (D. Ariz.)
EE-AZ-0070-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chen, Tin-Tin Diana (Arizona)
EE-AZ-0070-9000
Daley-Rooney, Rose Ann (Arizona)
EE-AZ-0070-9000
Marshall, Michelle G. (Arizona)
EE-AZ-0070-9000
Nutter, Karen E. (Arizona)
EE-AZ-0070-9000
O'Neill, Mary Jo (Arizona)
EE-AZ-0070-9000
Rico, Jose De Jesus (Arizona)
EE-AZ-0070-9000
Shanley, Sally C. (Arizona)
EE-AZ-0070-9000
Smith, C. Emanuel (Arizona)
EE-AZ-0070-9000
Defendant's Lawyers Birnbaum, Gary L. (Arizona)
EE-AZ-0070-9000
Brockelman, Kent (Arizona)
EE-AZ-0070-9000
Fatica, Kimberly A. (Arizona)
EE-AZ-0070-9000
Robinson, Terrence B. (Texas)
EE-AZ-0070-9000
Rubin, Michael S. (Arizona)
EE-AZ-0070-9000
Other Lawyers None on record

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