University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PARK PLAZA HOSPITAL EE-TX-0262
Docket / Court H-06-2737 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2006 the Houston Office of the EEOC filed this lawsuit against hospital transportation assistance provider TH Healthcare, Ltd., doing business as Park Plaza Hospital and Tenet Employment, Inc. in the U.S. District Court for the Southern District of Texas, alleging discrimination on the ... read more >
In August 2006 the Houston Office of the EEOC filed this lawsuit against hospital transportation assistance provider TH Healthcare, Ltd., doing business as Park Plaza Hospital and Tenet Employment, Inc. in the U.S. District Court for the Southern District of Texas, alleging discrimination on the basis of mental disability in violation of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged the defendants refused to hire mentally disabled transportation assistants at their hospital and caused those already employed to be terminated. Following some discovery, the parties settled the lawsuit in October 2007 through a consent decree.

The two-year decree, containing an anti-retaliation provision, required the defendant to: make compliance reports, keep records, establish a compliance liaison, allow the EEOC access for monitoring, utilize objective hiring criteria, post notice of employee rights, provide employee training, and pay $122,500 to an unknown number of class members.

David Friedman - 05/13/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Utilize objective hiring/promotion criteria
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) TH Healthcare, Ltd
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 2007 - 2009
Case Closing Year 2007
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)
4:06-cv-02737 (S.D. Tex.) 10/26/2007
EE-TX-0262-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/24/2006
EE-TX-0262-0001.pdf | Detail
First Amended Complaint 04/10/2007
EE-TX-0262-0002.pdf | Detail
Consent Decree 10/26/2007
EE-TX-0262-0003.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Adewale-Mendes, Rose (Texas)
EE-TX-0262-0002
Bowne, Timothy M. (Texas)
EE-TX-0262-0002
Cooper, Ronald S. (District of Columbia)
EE-TX-0262-0002
Lee, James L. (District of Columbia)
EE-TX-0262-0002
Reams, Gwendolyn Young (District of Columbia)
EE-TX-0262-0002
Sacher, Jim (Texas)
EE-TX-0262-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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