University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. DSI TRANSPORT, INC. EE-TX-0105
Docket / Court 4:97-cv-01580 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Houston office of the EEOC brought this Title I of the ADA discrimination suit against the DSI Transport, Inc. in May 1997, in the U.S. District Court for the Southern District of Texas. Complainants alleged that the defendant revoked offers of employment or refused to hire complaints for ... read more >
The Houston office of the EEOC brought this Title I of the ADA discrimination suit against the DSI Transport, Inc. in May 1997, in the U.S. District Court for the Southern District of Texas. Complainants alleged that the defendant revoked offers of employment or refused to hire complaints for truck driving position because of back x-rays and other medical test results in violation of the Americans with Disabilities Act. After a few discovery motions and the defendant's motion for summary judgment, the parties settled and entered into a consent decree in September 1998.

The consent decree provided that DSI pay the complainants $200,000 in sum. The complainants are to accompany a claim for damages with a release in favor of DSI. If any complainant rejects the monetary award or does not sign a release, then that complainant's portions of the damages goes back to DSI up to $20,000. Any money in excess of $20,000 is to be donated to charity. DSI is also responsible for posting the EEOC's concerning non-discrimination requirements. The consent decree also has provisions that regulate DSI's applicant hiring process, the medical review officer's responsibilities, and the examining physician's responsibilities (including providing a management level employee with the responsibilities that the medical review officers and/or physician's finding are concurrent with the ADA). The management liaison is responsible for providing the EEOC with bi-annual reports pursuant to the reporting provisions of the consent decree. DSI also must keep all records necessary to show compliance with the consent decree.

Kevin Wilemon - 05/30/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Comply with advertising/recruiting requirements
Implement complaint/dispute resolution process
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) DSI Transports 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 1998 - 2001
Case Closing Year 1998
Case Ongoing No
Additional Resources
click to show/hide detail
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)
4:97-cv-01580 (S.D. Tex.) 09/30/1998
EE-TX-0105-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 10/02/1998
EE-TX-0105-0001.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

- click to show/hide ALL -

new search
page permalink

- top of page -