Case: EEOC v. UNIFLEX SOUTHWEST (d/b/a CYCLE PLASTICS)

2:03-cv-01061 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 11, 2003

Closed Date: Dec. 1, 2003

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Case Summary

In September 2003, the EEOC district office in Phoenix, Arizona brought this suit against Uniflex Southwest, LLC, doing business as Cycle Plastics, in the U.S. District Court for the District of New Mexico. The complaint states that a female employee alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it refused to train her and demoted her for complaining about discrimination because of her sex. Four women were awarded relief in the suit. The defendant never e…

In September 2003, the EEOC district office in Phoenix, Arizona brought this suit against Uniflex Southwest, LLC, doing business as Cycle Plastics, in the U.S. District Court for the District of New Mexico. The complaint states that a female employee alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it refused to train her and demoted her for complaining about discrimination because of her sex. Four women were awarded relief in the suit. The defendant never entered a formal answer and settled in December 2003. A consent decree was entered that month.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of sex, pay $25,000 to the aggrieved parties, provide job-training, offer the complainants better positions if and when they became available, issued neutral reference letters, expunge its employment records, implement and distribute its EEO policy, post an EEO notice, post the consent decree, provide EEO training, and submit semiannual compliance reports. No fees or costs were awarded. The terms of the agreement ran for two years.

Summary Authors

Joel Pettit (6/28/2007)

Documents in the Clearinghouse

Document

2:03-cv-01061

Docket

EEOC v. Uniflex Southwest et al

Dec. 1, 2003

Dec. 1, 2003

Docket
1

2:03-cv-01061

Complaint

EEOC v. Uniflex Southwest et al

Sept. 11, 2003

Sept. 11, 2003

Complaint
6

2:03-cv-01061

Consent Decree

EEOC v. Uniflex Southwest et al

Dec. 1, 2003

Dec. 1, 2003

Settlement Agreement

Resources

Docket

Last updated April 24, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for employment discrimination w/jury demand (0 Summons(es) issued) (referred to Magistrate Judge Robert H. Scott) (ed) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

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2

ENTRY OF APPEARANCE for defendants by Nicholas J. Noeding (ed) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

3

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants on 10/27/03 (ed) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

4

UNOPPOSED MOTION by defendants to extend time to answer until 12/1/03 (vv) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

5

ORDER by Magistrate Judge Robert H. Scott granting deft's motion to extend time to answer until 12/1/03 [4-1] (cc: all counsel) (vv) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

6

CONSENT DECREE by District Judge Robert Brack dismissing case (cc: all counsel) (js) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

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Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 11, 2003

Closing Date: Dec. 1, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Uniflex, Inc., Private Entity/Person

Uniflex, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 25000

Order Duration: 2003 - 2005

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Demotion

Discipline

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Training

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits