The EEOC's Colorado district office sued Protocol Communications, Inc., a national telemarketing company, on November 18, 2002 in the U.S. District Court for the District of Colorado. The EEOC's complaint alleged that Protocol engaged in discriminatory hiring practices based on physical disability (blindness) and refused to accommodate the potential employee, who intervened in the suit in December 2004. Protocol filed numerous motions for summary judgment against the EEOC in January 2004, May 2004, and October 2004; while the EEOC filed motions to enter default judgment against Southside Personal Services, the company that recommended the intervenor to Protocol, and for partial summary judgment against Protocol in June 2004 and another motion for summary judgment in October 2004. None of these motions were granted. After an emergency motion to enforce the parties' settlement filed by the intervenor in December 2006, the parties entered into a consent decree on January 5, 2005.

The consent decree stipulated that Protocol would pay the intervenor $50,600 in damages, refrain from future discriminatory practices, appoint a senior-level employee to establish accommodation procedures, hire blind or visually impaired employees, and report its progress semi-annually to the EEOC.

Kevin Wilemon - 05/31/2007


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