University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
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
On September 28, 2006, The Dallas District Office of the EEOC filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Beall Concrete Enterprises, Inc., a wholly-owned subsidiary of U.S. Concrete, Inc. under the Americans with Disabilities Act of 1990 and ... read more >
On September 28, 2006, The Dallas District Office of the EEOC filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Beall Concrete Enterprises, Inc., a wholly-owned subsidiary of U.S. Concrete, Inc. under the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act. The plaintiff, representing a former employee of the defendant, asked the court for injunctive relief enjoining the defendant from discrimination on the basis of disability or age, and for monetary relief as compensation for harm. The plaintiff claimed that the defendant violated the ADA by failing to provide the employee with reasonable accommodations and then firing the employee due to his disabilities. In an amended complaint, submitted on May 7, 2007, the plaintiff further alleged that the defendant terminated the complainant's employment because of his age and failed to rehire him based on his disability and age.

On November 14, 2007, the defendant moved for partial summary judgment on the plaintiff's claims under the ADA. On March 15, 2008, Judge Reed O'Connor granted the summary judgment. He found that the injuries sustained by the plaintiff on the job did not constitute a disability under the ADA. Judge O'Connor further found that the defendant's 12 month leave policy was not in violation of the ADA. 2008 WL 877769 (N.D. Tex. Mar. 15, 2008).

On April 3, 2008, Judge Reed O'Connor approved a consent decree over the remaining claim that the defendant had violated the Age Discrimination in Employment Act. 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
Gabriela Hybel - 11/07/2016


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Training
Disability
Mobility impairment
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 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)
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 O'Connor, Reed Charles (N.D. Tex.)
EE-TX-0062-9000
Monitors/Masters None on record
Plaintiff's Lawyers Canino, Robert Anthony (Texas)
EE-TX-0062-9000
Cooper, Ronald S. (District of Columbia)
EE-TX-0062-9000
Costas, Toby W. (Texas)
EE-TX-0062-9000
Lee, James L. (Texas)
EE-TX-0062-9000
Reams, Gwendolyn Young (District of Columbia)
EE-TX-0062-9000
Seth, Devika (Texas)
EE-TX-0062-9000
Defendant's Lawyers Levine, Mark J. (Texas)
EE-TX-0062-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -