University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Beall Concrete Enterprises, Inc., a wholly owned subsidiary EE-TX-0062
Docket / Court 3-06CV1779-M ( N.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 Dallas District Office of the EEOC brought this suit against Beall Concrete Enterprises, Inc., (doing business as Redi-Mix and Redi-Mix Concrete) a wholly-owned subsidiary of U.S. Concrete, Inc., in the U.S. District Court for the Northern District of Texas in September 2006. The complaint ... read more >
The Dallas District Office of the EEOC brought this suit against Beall Concrete Enterprises, Inc., (doing business as Redi-Mix and Redi-Mix Concrete) a wholly-owned subsidiary of U.S. Concrete, Inc., in the U.S. District Court for the Northern District of Texas in September 2006. The complaint alleged disability discrimination in violation of the Americans with Disabilities Act of 1990 and age discrimination in violation of the Age Discrimination in Employment Act (ADEA). The defendant was alleged to have dismissed the complainant after twelve months of medical leave; the defendant was granted summary judgment on this issue. The parties conducted a settlement conference on the ADEA claim and entered into a consent decree in April 2008. The consent decree required the defendant to pay the complainant $50,000 in backpay, conduct ADEA training for its employees for two years, and post a notice about federal anti-discrimination employment laws.

Kevin Wilemon - 05/27/2008


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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
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Age discrimination
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Beall Concrete Enterprises, Inc
Beall Concrete Enterprises, 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 2008 - 2010
Case Closing Year 2008
Case Ongoing Yes
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)
3:06-cv-01779 (N.D. Tex.) 04/22/2008
EE-TX-0062-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2006
EE-TX-0062-0001 PDF | Detail
Plaintiff's First Amended Complaint 05/07/2007
EE-TX-0062-0002 PDF | Detail
Memorandum Opinion and Order 03/15/2008 (2008 WL 877769) (N.D. Tex.)
EE-TX-0062-0003 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/03/2008 (N.D. Tex.)
EE-TX-0062-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/22/2008
EE-TX-0062-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ramirez, Irma C. (N.D. Tex.) [Magistrate]
EE-TX-0062-9000
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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