University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HBH, INC. EE-LA-0031
Docket / Court 2:98-cv-02632-SSV ( E.D. La. )
State/Territory Louisiana
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1998, the New Orleans District Office of the EEOC brought this suit against HBH, Inc. (which was acquired by Transcoastal Marine Services, Inc.) in the U.S. District Court for the Eastern District of Louisiana. The EEOC alleged that the defendant filed to hire the charging party, a ... read more >
In September 1998, the New Orleans District Office of the EEOC brought this suit against HBH, Inc. (which was acquired by Transcoastal Marine Services, Inc.) in the U.S. District Court for the Eastern District of Louisiana. The EEOC alleged that the defendant filed to hire the charging party, a disabled individual, and other individuals on the basis of their disabilities in violation of the Americans with Disabilities Act ("ADA"). The defendant used selection criteria that allegedly screened out individuals with disabilities and conducted unlawful pre-employment medical examinations.

The charging party intervened in the suit in October 1998. The defendant filed a motion for partial summary judgment in July 1999. In December 1999, the defendant's earlier motion for partial summary judgment was granted. The parties settled shortly after in early February 2000.

The three-year decree contained a non-discrimination clause and required the defendant to: post an EEO notice, report to the EEOC at specified intervals, distribute its anti-discrimination policies to its employees, provide ADA training, and pay $19,500.

Jason Chester - 07/12/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) HBH, 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 2000 - 2003
Case Closing Year 2000
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)
2:98-cv-02632-SSV (E.D. La.) 01/24/2000
EE-LA-0031-9000 PDF | Detail
General Documents
Order and Reasons 05/19/1999 (1999 WL 319213 / 1999 U.S.Dist.LEXIS 7381) (E.D. La.)
EE-LA-0031-0002 PDF | WESTLAW| LEXIS | Detail
Order and Reasons 07/19/1999 (1999 WL 508403 / 1999 U.S.Dist.LEXIS 11041) (E.D. La.)
EE-LA-0031-0003 PDF | WESTLAW| LEXIS | Detail
Order and Reasons 12/09/1999 (1999 WL 1138533 / 1999 U.S.Dist.LEXIS 19259) (E.D. La.)
EE-LA-0031-0004 PDF | WESTLAW| LEXIS | Detail
Consent Decree 01/24/2000
EE-LA-0031-0001 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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