University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Nexion Health at Broadway, Inc. d/b/a "Broadway Lodge" EE-TX-0055
Docket / Court 5:04-cv-00872-FB ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The San Antonio District Office of the EEOC brought this action in the U.S. District Court for the Western District of Texas, against Nexion Health at Broadway, Inc. d/b/a Broadway Lodge. The complaint, filed in September 2004, alleged race discrimination in violation of Title VII of the Civil ... read more >
The San Antonio District Office of the EEOC brought this action in the U.S. District Court for the Western District of Texas, against Nexion Health at Broadway, Inc. d/b/a Broadway Lodge. The complaint, filed in September 2004, alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant tolerated the subjection of the charging party to harassment based on his race, African American. The charging party intervened in December 2004 and in August 2005 Defendant moved for summary judgment. Defendant's motion for summary judgment was granted in September 2005 ending the case. The EEOC appealed in November 2005 to the U.S. Court of Appeals for the Fifth Circuit and the District Court's judgment was affirmed in December 2006.

Shankar Viswanathan - 07/31/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Race 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. ยง 2000e
Defendant(s) Nexio Health at Broadway, 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 Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
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)
5:04-cv-00872-FB (W.D. Tex.) 12/12/2006
EE-TX-0055-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2004
EE-TX-0055-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Terrance Johnson's Complaint in Intervention 12/15/2004
EE-TX-0055-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment [Granting Defendant's Motion for S/J] 09/28/2005 (W.D. Tex.)
EE-TX-0055-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Accepting Memorandum and Recommendation of the United States Magistrate Judge 09/28/2005 (2005 WL 3337325 / 2005 U.S.Dist.LEXIS 32360) (W.D. Tex.)
EE-TX-0055-0005.pdf | WESTLAW| LEXIS | Detail
[Opinion] 09/01/2006 (199 Fed.Appx. 351)
EE-TX-0055-0006.pdf | WESTLAW| LEXIS | 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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