University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PASS & SEYMOUR INC. EE-TX-0264
Docket / Court 5:04-cv-00573-WWJ ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The San Antonio District Office of the EEOC brought this suit against Pass & Seymour, Inc. and Kenmark Group, Ltd. in July 2004 in the U.S. District Court for the Western District of Texas. The complaint alleged sex discrimination in violation of Title Vii of the Civil Rights Act of 1964. The ... read more >
The San Antonio District Office of the EEOC brought this suit against Pass & Seymour, Inc. and Kenmark Group, Ltd. in July 2004 in the U.S. District Court for the Western District of Texas. The complaint alleged sex discrimination in violation of Title Vii of the Civil Rights Act of 1964. The defendants allegedly engaged in a pattern or practice of limiting employment opportunities for males because of their sex. The EEOC entered into a consent decree with each defendant in June 2005.

The five year consent decree with Kenmark Group prohibited discrimination; required Kenmark to post notice; adopt a statement of non-discrimination; train human resources employees and managers for four hours on the requirements of Title VII; and pay $25,056 to an equal rights group. The three year consent decree with Pass & Seymour prohibited discrimination; required Pass & Seymour to post notice; adopt a statement of non-discrimination; train human resources employees and managers for six hours on the requirements of Title VII; and pay $475,000 into a settlement fund for potential class members who had experienced discrimination.

Kevin Wilemon - 07/29/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Kenmark Group, Ltd.
Pass & Seymour, 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 2005 - 2005
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-00573-WWJ (W.D. Tex.) 08/11/2005
EE-TX-0264-9000 PDF | Detail
General Documents
Consent Decree as to Defendant Pass & Seymour 06/02/2002
EE-TX-0264-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree as to Defendant Kennmark Group, Ltd. 06/24/2002
EE-TX-0264-0003 PDF | Detail
Complaint 07/01/2004
EE-TX-0264-0001 PDF | Detail
EEOC Litigation Settlements June 2005 06/01/2005
EE-TX-0264-0004 PDF | Detail
Office of General Counsel FY 2005 Annual Report 04/13/2006
EE-TX-0264-0005 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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