University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. The Servicemaster Co. d/b/a Terminix International Co. EE-TX-0377
Docket / Court 3-06CV1761-M ( N.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Dallas district office brought this suit in September 2006 in the U.S. District Court for the Northern District of Texas in September 2006 against The ServiceMaster Co. and The Terminix International Company LP. The complaint alleged that the defendants refused to hire or to promote ... read more >
The EEOC's Dallas district office brought this suit in September 2006 in the U.S. District Court for the Northern District of Texas in September 2006 against The ServiceMaster Co. and The Terminix International Company LP. The complaint alleged that the defendants refused to hire or to promote black employees and retaliated against one black employee who complained by firing him. In July 2007, The ServiceMaster Co. was dismissed from the case, and in January 2008, the EEOC and the remaining defendant entered into a consent decree.

The consent decree required Terminix to pay a total of $95,000 to the three charging parties. Defendant was also required not to discriminate or retaliate, to post a notice, and to distribute its anti-discrimination policy to its employees. Additionally, Terminix will provide training for its managers and supervisors on non-discrimination, as well as to expunge the records of the charging parties and provide them with neutral employment references. The decree is in effect for two years.

Shankar Viswanathan - 08/15/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Promotion
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) The ServiceMaster Co.
The Terminix International Company LP
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
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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)
3-06CV1761-M (N.D. Tex.) 01/07/2008
EE-TX-0377-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/26/2006
EE-TX-0377-0001 PDF | Detail
EEOC's First Amended Complaint 03/06/2007
EE-TX-0377-0002 PDF | Detail
Amended Complaint [Refiled] 03/12/2007
EE-TX-0377-0003 PDF | Detail
Amended Complaint [Corrected] 03/12/2007
EE-TX-0377-0004 PDF | Detail
Order of Dismissal [of The ServiceMaster Company] 07/31/2007 (N.D. Tex.)
EE-TX-0377-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC's Second Amended Complaint 08/06/2007
EE-TX-0377-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC's Third Amended Complaint 09/26/2007
EE-TX-0377-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/07/2008
EE-TX-0377-0008 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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