University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. UNIVERSITY OF THE INCARNATE WORD EE-TX-0389
Docket / Court 5:99-cv-01090-OLG ( 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 suit against the University of the Incarnate Word, in September 1999, in the U.S. District Court for the Western District of Texas. The suit was based on discrimination against eighteen housekeepers based on their national origin. Hispanic ... read more >
The San Antonio District Office of the EEOC brought this suit against the University of the Incarnate Word, in September 1999, in the U.S. District Court for the Western District of Texas. The suit was based on discrimination against eighteen housekeepers based on their national origin. Hispanic employees were forced to speak English only at all times when at work, and were subject to harsh treatment if they violated this rule. The case settled after three postponements of the trial date and numerous summary judgment claims.

The consent decree entered on April 19, 2001 became the largest monetary award for an English-only case according to the EEOC. The total monetary compensation was around $2.44 million dollars. The first million was to be paid to each of the 18 employees in the class represented by the EEOC. The final $1.44 million was to come in the form of vouchers to each of the members of the class for a free education at the University of the Incarnate Word. Each of the employees, or their close relative, would get 8 free semesters of enrollment at the school. The Decree contained injunctive relief as well as monetary relief. The University was prohibited from discriminating based on national origin or having an English-only rule for three years. In addition they had to implement an anti-harassment program, a complaint procedure, and train their employees on national origin harassment.

Kevin Wilemon - 06/05/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Age discrimination
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) University of the Incarnate Word
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 2001 - 2004
Case Closing Year 2001
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)
SA99-CV-1090 OG (W.D. Tex.) 05/25/2004
EE-TX-0389-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Final Judgment Order Entering Consent Decree 04/19/2001 (W.D. Tex.)
EE-TX-0389-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/19/2001
EE-TX-0389-0004.pdf | Detail
Document Source: District Court
EEOC Settles English-Only Suit for $2.44 Million against University of Incarnate Word 04/20/2001
EE-TX-0389-0002.pdf | Detail
Combined Annual Reports Fiscal Years 1999- 2001 05/17/2007
EE-TX-0389-0003.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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