University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Creative Networks L.L.C. EE-AZ-0135
Docket / Court 09-CV-02023 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Attorney Organization EEOC
Case Summary
On September 28, 2009, the EEOC filed a lawsuit in the U.S. District Court for the District of Arizona against Creative Networks LLC under Title I of the Americans with Disabilities Act, 42 U.S.C. § 12112(a). The EEOC alleged that Creative Networks LLC violated the ADA by failing to provide ... read more >
On September 28, 2009, the EEOC filed a lawsuit in the U.S. District Court for the District of Arizona against Creative Networks LLC under Title I of the Americans with Disabilities Act, 42 U.S.C. § 12112(a). The EEOC alleged that Creative Networks LLC violated the ADA by failing to provide reasonable accommodations to deaf and hard of hearing job applicants through its policy of capping the money spent on accommodations for job training at $200. The EEOC argued that such caps were both a violation of the ADA and had the effect of discriminating against deaf and hard-of-hearing applicants.

On January 14, 2011, the EEOC filed a motion for partial summary judgement. The court denied that motion without prejudice on April 8, 2011 finding that the parties should conduct further discovery. In December 2011, both parties moved for summary judgement. On September 20, 2012, the court granted the EEOC's motion to partial summary judgment and denied the defendant's motion. The court found that Creative Networks did not provide sufficient evidence to create a issue of disputed fact as to whether the Defendant denied the charging party a reasonable accommodation in violation of the ADA.

On September 19, 2013, the District Court (Judge David A. Ezra) approved a Consent Decree, which included [1] an injunction that orders the Defendant to not discriminate against persons with disabilities, not to retaliate against those who complained of discrimination, [2] monetary relief for the woman discriminated against in the amount of $57,500, [3] Defendants will change their policies including removing any cap on spending for accommodations, [4] Defendants will train their employees in disability awareness and accommodations, and [5] Defendants will report on progress to the Regional District Attorney for the EEOC for Arizona during the term of the Decree. The Decree lasted for two years. It has since run its course without any further litigation. The case is now closed.

Brian Kempfer - 02/07/2014
Sean Mulloy - 03/12/2018


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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
Monitoring
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Reporting
Retaliation Prohibition
Disability
Hearing impairment
Discrimination-area
Accommodation / Leave
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Testing
Training
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Failure to train
Reasonable Accommodations
Reasonable Modifications
Testing
Plaintiff Type
EEOC Plaintiff
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Creative Networks LLC
Plaintiff Description EEOC on behalf of deaf and hard of hearing employees
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2015
Case Closing Year 2015
Case Ongoing No
Additional Resources
click to show/hide detail
  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:09-cv-2023 (D. Ariz.)
EE-AZ-0135-9000.pdf | Detail
Date: 09/19/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand [ECF# 1]
EE-AZ-0135-0001.pdf | Detail
Date: 09/28/2009
Source: PACER [Public Access to Court Electronic Records]
Order (1) Granting Creative Networks' Rule 56(d) Request; (2) Denying Without Prejudice the EEOC's Motion for Partial Summary Judgment; (3) Setting Rule 16 Scheduling Conference [ECF# 112] (D. Ariz.)
EE-AZ-0135-0004.pdf | Detail
Date: 04/08/2011
Source: PACER [Public Access to Court Electronic Records]
Order (1) Granting Plaintiff's Motion for Partial Summary Judgment and (2) Denying Defendant's Motion for Partial Summary Judgment [ECF# 149] (D. Ariz.)
EE-AZ-0135-0005.pdf | Detail
Date: 09/20/2012
Source: PACER [Public Access to Court Electronic Records]
EEOC Wins Rare Summary Judgment Verdict In Disability Suit Against Creative Networks
EE-AZ-0135-0003.pdf | Detail
Date: 09/21/2012
Consent Decree [ECF# 187] (D. Ariz.)
EE-AZ-0135-0002.pdf | Detail
Date: 09/19/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Ezra, David Alan (D. Haw.)
EE-AZ-0135-0002 | EE-AZ-0135-0004 | EE-AZ-0135-0005 | EE-AZ-0135-9000
Plaintiff's Lawyers Baran, Andrea Gail (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Chahbazi, Meenoo (Arizona)
EE-AZ-0135-9000
Chen, Tin-Tin Diana (Arizona)
EE-AZ-0135-9000
Houk, Christoper Robert (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Lee, James L. (District of Columbia)
EE-AZ-0135-0001
Lopez, Patrick David (Arizona)
EE-AZ-0135-0001 | EE-AZ-0135-9000
O'Neill, Mary Jo (Arizona)
EE-AZ-0135-0001 | EE-AZ-0135-0002 | EE-AZ-0135-9000
Reams, Gwendolyn Young (District of Columbia)
EE-AZ-0135-0001
Rosas, Lucila G. (Arizona)
EE-AZ-0135-0001 | EE-AZ-0135-9000
Valderrama, Hillary K. (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
Defendant's Lawyers Blair, James Lawrence (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000
McKay, Neil Todd (Arizona)
EE-AZ-0135-0002 | EE-AZ-0135-9000

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