University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PHOENIX SERVICE EE-TX-0272
Docket / Court 2:05-CV-00250 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On May 18, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Southern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Phoenix Industrial, Inc. and ... read more >
On May 18, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Southern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Phoenix Industrial, Inc. and Phoenix Services. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant subjected the complainant to a racially hostile work environment because of his race, Black, and then discharged the complainant in retaliation for his opposition to the racially hostile work environment.

On August 15, 2006, the District Court (Judge Hayden Head) entered a consent decree where the defendant, among other things, agreed to pay the complainant $16,000.

Perry Miska - 05/09/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Phoenix Industrial Service, Inc.
Phoenix Services
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a black employee who was retaliated against for complaining about being subjected to a racially hostile work environment.
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 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)
2:05−cv−00250 (S.D. Tex.) 05/15/2006
EE-TX-0272-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/18/2005
EE-TX-0272-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/15/2006
EE-TX-0272-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Head, Hayden Wilson Jr. (S.D. Tex.)
EE-TX-0272-0002 | EE-TX-0272-9000
Monitors/Masters None on record
Plaintiff's Lawyers Sustaita, Rodolfo Lucio (Texas)
EE-TX-0272-0001 | EE-TX-0272-0002 | EE-TX-0272-9000
Defendant's Lawyers Morris, Richard A. (Texas)
EE-TX-0272-0002 | EE-TX-0272-9000
Other Lawyers None on record

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