University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Arizona Public Service EE-NM-0007
Docket / Court CIV 06 0865 MV/LFG ( D.N.M. )
State/Territory New Mexico
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. ... read more >
In September 2006, the Albuquerque Area Office and Phoenix District Office of the EEOC filed this lawsuit in the U.S. District Court for the District of New Mexico alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged the defendant terminated the complainant's employment at a power plant due to a perceived disability. Following some discovery, the parties settled the lawsuit in June 2007 through a consent decree.

The three-year decree, containing anti-discrimination and retaliation provisions, required the defendant to: report on complaints and make other compliance reports, allow the EEOC access for monitoring, reinstate the complaining party to his previous position, expunge the complainant's personnel record, post and distribute notice of employee rights, provide EEO training, and pay $125,000 to the complaining party. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Daisy Manning - 05/13/2008
- 06/11/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reinstatement
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
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) Arizona Public Service Company
The Atlantic Group
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 - 2010
Case Closing Year 2010
Case Ongoing No
Additional Resources
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  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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
6:06-cv-00865-MV-LFG (D.N.M.)
EE-NM-0007-9000.pdf | Detail
Date: 06/11/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-NM-0007-0001.pdf | Detail
Date: 09/14/2006
Consent Decree
EE-NM-0007-0002.pdf | Detail
Date: 06/11/2007

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