University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DUNBAR DIAGNOSTIC SERVICES INC EE-TX-0107
Docket / Court 4:02-cv-00555 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2002, the Houston office of the EEOC brought this Title VII suit against Dunbar Diagnostic Services, Inc. et al. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated and retaliated against an employee. The defendant ... read more >
In February 2002, the Houston office of the EEOC brought this Title VII suit against Dunbar Diagnostic Services, Inc. et al. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant discriminated and retaliated against an employee. The defendant filed a motion for summary and judgment and the plaintiff filed a partial motion for summary judgment in August and September of 2002. The court granted in part and denied in part both the plaintiff and defendant's motions. After a four day jury trial, the court entered judgment as a matter of law for the defendant in January 2001. The EEOC filed a notice of appeal in March 2003.

In April 2005, the Fifth Circuit affirmed in part and reversed in part the decision of the District Court and remanded the case. More specifically, the Court of Appeals held that the issues of whether the defendant discriminated against the employee by denying health insurance benefits and whether the employee was terminated in retaliation for filing a discrimination charge were for the jury. See E.E.O.C. v. Dunbar Diagnostic Services, Inc., 92 Fed. App'x 83 (5th Cir. 2004). On remand, the court denied the EEOC's motion for partial summary judgment and granted in part and denied in part the defendant's motion for summary judgment. The jury reached judgment in favor of the defendant, and the court entered the judgment in August 2005.

Kevin Wilemon - 06/27/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Pay / Benefits
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Dunbar Diagnostic Services, Inc.
Village Ultrasound Clinic 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 Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2003
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)
03-20292 (U.S. Court of Appeals) 05/24/2004
EE-TX-0107-9001 PDF | Detail
03-20500 (U.S. Court of Appeals) 05/24/2004
EE-TX-0107-9002 PDF | Detail
4:02-cv-00555 (S.D. Tex.) 10/05/2005
EE-TX-0107-9000 PDF | Detail
General Documents
Order [Regarding Motions for Summary Judgment] 10/16/2002 (S.D. Tex.)
EE-TX-0107-0001 PDF | Detail
Final Judgment 01/10/2003 (S.D. Tex.)
EE-TX-0107-0002 PDF | Detail
Opinion [Court of Appeals] 02/19/2004 (92 Fed.Appx. 83)
EE-TX-0107-0007 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judgment [Court of Appeals] 04/15/2004
EE-TX-0107-0003 PDF | Detail
Memorandum and Order [Regarding Motions for Summary Judgment] 02/28/2005 (S.D. Tex.)
EE-TX-0107-0004 PDF | Detail
Final Judgment 08/08/2005 (S.D. Tex.)
EE-TX-0107-0005 PDF | Detail
Amended Final Judgment 10/05/2005 (S.D. Tex.)
EE-TX-0107-0006 PDF | Detail
Judges DeMoss, Harold R. Jr. (Fifth Circuit)
EE-TX-0107-0007
Higginbotham, Patrick Errol (N.D. Tex., Fifth Circuit)
EE-TX-0107-0007
Jolly, E. Grady (Fifth Circuit)
EE-TX-0107-0007
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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