University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. AUSTIN CONSTRUCTION COMPANY, INC. EE-TX-0023
Docket / Court 1:98-cv-00349-ADA ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 1998, the San Antonio District Office of the EEOC brought this suit against Austin Construction Company, Inc. in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears ... read more >
In June 1998, the San Antonio District Office of the EEOC brought this suit against Austin Construction Company, Inc. in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged the defendant subjected the charging party and a class of similarly situated females to a hostile work environment on the basis of their sex in violation of Title VII of the Civil Rights Act of 1964. After some discovery, the parties settled in December 1998 through a consent decree.

The two-year decree, containing a non-retaliation and a non-harassment clause, required the defendant to: post an anti-retaliation policy, provide the charging party with a positive employment reference, provide anti-retaliation training for all its employees, allow EEOC inspection, and pay $4,000 to the charging party.

David Friedman - 09/26/2007


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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
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Austin Construction Company, 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 1998 - 2000
Case Closing Year 1998
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)
1:98-cv-00349-ADA (W.D. Tex.) 12/21/1998
EE-TX-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 12/21/1998
EE-TX-0023-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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