University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HORIZON/CMS HEALTHCARE CORPORATION EE-NM-0027
Docket / Court CIV 97-0362RLP/DJS ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 1997, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of New Mexico against Horizon/CMS Healthcare Corporation, a state-wide proprietor of over 20 long-term care facilities, alleging violations of Title VII of the Civil Rights Act of 1964, as amended ... read more >
In March 1997, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of New Mexico against Horizon/CMS Healthcare Corporation, a state-wide proprietor of over 20 long-term care facilities, alleging violations of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978. In essence, the EEOC claimed that the defendant violated the law when it refused to provide modified job duties for several pregnant CNAs who were placed on lifting restrictions by their physicians and instead terminated their jobs or laid them off. There were a couple major discovery battles in the spring of 1998 that went to the EEOC. Each side moved for summary judgment and, in June 1998, a motion hearing resulted in the EEOC's loss of its disparate impact claim. There was a six day jury trial in September 1998 but, upon its conclusion, the court granted the defendant's motion to dismiss pursuant to FRCP Rule 52(c). The EEOC appealed to the U.S. Court of Appeals for the Tenth Circuit but, upon appealing, dropped their appeal of the dismissal and instead pursued an appeal of the District Court's grant of summary judgment for the defendant on the disparate impact claim. The Tenth Circuit reversed and remanded in October 2000. The parties had received a new trial date in the District Court but, in August 2001, submitted a stipulation of dismissal with prejudice that ended the case. The stipulation's terms specify that the court would retain jurisdiction over the case for three years to "ensure that both parties abide by their respective obligations." But the filed document does not specify what those obligations were.

Margo Schlanger - 08/07/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Impact
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Horizon/CMS Healthcare Corporation
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 Settlement
None
Form of Settlement None on record
Order Duration not on record
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)
1:97-cv-00362-RLP-DJS (D.N.M.) 09/12/2001
EE-NM-0027-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Granting Motion to Compel] 04/22/1998 (D.N.M.)
EE-NM-0027-0001 PDF | Detail
Memorandum Opinion and Order 06/24/1998 (D.N.M.)
EE-NM-0027-0002 PDF | Detail
Order Granting Partial Summary Judgment 06/24/1998 (D.N.M.)
EE-NM-0027-0003 PDF | Detail
Judgment 10/01/1998 (D.N.M.)
EE-NM-0027-0004 PDF | Detail
Findings of Fact and Conclusions of Law 10/01/1998 (D.N.M.)
EE-NM-0027-0006 PDF | Detail
[USCA] Judgment 10/30/2000 (220 F.3d 1184)
EE-NM-0027-0005 PDF | WESTLAW| LEXIS | Detail
Stipulation of Dismissal 08/30/2001
EE-NM-0027-0007 PDF | Detail
Document Source: District Court
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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