University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE VISION CENTER EE-TX-0364
Docket / Court 9:06-CV-226 ( E.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the Houston District Office of the EEOC filed this lawsuit against National Vision, Inc., doing business as The Vision Center, and Mr. S J Charendoff in the U.S. District Court for the Eastern District of Texas alleging discrimination on the basis of gender, female, in violation ... read more >
In September 2006, the Houston District Office of the EEOC filed this lawsuit against National Vision, Inc., doing business as The Vision Center, and Mr. S J Charendoff in the U.S. District Court for the Eastern District of Texas alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the complaining parties to a sexually hostile work environment. The complaining parties intervened in the lawsuit in October 2006. Following discovery, a successful motion for summary judgment by Mr. Charendoff and a pending motion for summary judgment by National Vision, Inc., the remaining parties settled the lawsuit in November 2007 through a consent decree.

The three-year decree, containing anti-discrimination and retaliation paragraphs, requires the defendant to: report on complaints and make other compliance reports, keep records, expunge the employment records of the complainants, provide the complainants with neutral references, post and distribute notice of employee rights, provide EEO training, require certain actions to be taken by Mr. Charendoff, and pay $175,000 to be distributed among four individuals.

Daisy Manning - 05/06/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
Defendant(s) National Vision, Inc.
S J Charendoff
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 2007 - 2010
Case Closing Year 2007
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)
9:06-cv-00226-TH (E.D. Tex.) 11/20/2007
EE-TX-0364-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Original Complaint 09/25/2005
EE-TX-0364-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs-Intervenors’ Original Complaint 10/30/2006
EE-TX-0364-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Dismiss 03/30/2007 (E.D. Tex.)
EE-TX-0364-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendant Charendoff's Motion for Summary Judgment 09/12/2007 (E.D. Tex.)
EE-TX-0364-0004.pdf | Detail
Consent Decree 10/24/2007
EE-TX-0364-0005.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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