University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Gilbert Plumbing Company, Inc. EE-TX-0143
Docket / Court 4:04-cv-03866 ( S.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
In September 2004, the Houston District Office of the EEOC brought this suit against Gilbert Plumbing Company, Inc. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant subjected the charging parties, Hispanic employees, to a racially hostile work ... read more >
In September 2004, the Houston District Office of the EEOC brought this suit against Gilbert Plumbing Company, Inc. in the U.S. District Court for the Southern District of Texas. The complaint alleged that the defendant subjected the charging parties, Hispanic employees, to a racially hostile work environment and denied them wages and sick leave in violation of Title VII of the Civil Rights Act of 1964. After some scheduling orders, the defendant filed a motion for summary judgment which was denied as moot when the parties reached a tentative settlement agreement in February 2006. The parties entered into a final settlement agreement in April 2006 through a consent decree.

The five-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: provide the charging parties with neutral employment references, expunge the charging parties' personnel files from all references to the charges of discrimination, refuse to employ the harasser in any way, develop a harassment and complaint procedure, report to the EEOC at specified intervals, provide annual EEO training to all its employees, post a notice of rights, maintain relevant records, and pay $13,000 to be divided between two individuals.

Michele Marxkors - 08/08/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Apology
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Gilbert Plumbing 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 2006 - 2011
Case Closing Year 2006
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)
4:04-cv-03866 (S.D. Tex.) 04/11/2006
EE-TX-0143-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2004
EE-TX-0143-0001.pdf | Detail
Consent Decree 04/11/2006
EE-TX-0143-0002.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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