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Docket / Court 4:03-cv-03984 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of ... read more >
In September 2003, the EEOC district office in Houston, Texas brought this suit against Commercial Coating Service, Inc., a pipe coating contractor in the oil business, in the U.S. District Court for the Southern District of Texas. The EEOC alleged race and color discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, a former employee of the defendant alleged that four co-workers constantly used racial slurs to refer to him, instead of his name. When he complained about the treatment nothing was done. After enduring this for months, a White male co-worker slipped a noose around his neck and a brawl began. The co-worker was fired, sent to prison, and a formal report was written.

The charging party intervened as a plaintiff. During the litigation, the complainant was awarded damages for non-pecuniary losses prior the the EEOC resolution of the case. The defendant moved for summary judgment, and the motion was granted as to the intervenor-plaintiff's tort claims. After a barrage of discovery motions, the parties settled and a consent decree was entered in March 2004. The employee was awarded $1,000,000 in damages, and the defendant agreed to make a formal apology and to plant a tree on the company's premises in honor of his employment.

The consent decree also stipulated that the defendant would refrain from retaliating or discriminating on the basis of color or race, issue a neutral cover letter, expunge employment records, discipline two supervisors, never provide employment to four named individuals, appoint an EEO consultant, adopt a racial harassment policy, provide EEO training, post EEO notices, implement a complaint system, make a good faith effort to recruit Black people, and submit semiannual compliance reports. No fees or costs were awarded. The terms of the decree ran for four years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Jason Chester - 06/26/2007

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Issues and Causes of Action
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Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Race discrimination
Direct Suit on Merits
Private Party intervened in EEOC suit
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Commercial Coating Service, Inc.
John Wrublewski
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 2006 - 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
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
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 ]

4:03-cv-03984 (S.D. Tex.)
EE-TX-0083-9000.pdf | Detail
Date: 04/04/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order (220 F.R.D. 300) (S.D. Tex.)
EE-TX-0083-0006.pdf | WESTLAW| LEXIS | Detail
Date: 02/11/2004
Source: Google Scholar
Memorandum and Order [Denying Motion to Strike and Dismiss and Granting Motion to Dismiss] (S.D. Tex.)
EE-TX-0083-0001.pdf | Detail
Date: 06/17/2004
Memorandum and Order [Granting in Part Motion for Summary Judgment] (2005 WL 6439215) (S.D. Tex.)
EE-TX-0083-0002.pdf | WESTLAW | Detail
Date: 05/31/2005
Order [Denies and Grants Motions to Quash and Motions for Protective Orders] (S.D. Tex.)
EE-TX-0083-0003.pdf | Detail
Date: 09/09/2005
Consent Decree
EE-TX-0083-0004.pdf | Detail
Date: 03/21/2006
EEOC Litigation Settlement Report
EE-TX-0083-0005.pdf | Detail
Date: 03/21/2006
Judges Botley, Calvin (S.D. Tex.) [Magistrate]
Ellison, Keith P. (S.D. Tex.)

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