EEOC v. PHOENIX SERVICE | Civil Rights Litigation Clearinghouse

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Case Name	EEOC v. PHOENIX SERVICE	EE-TX-0272
Docket / Court	2:05-CV-00250 ( S.D. Tex. )
State/Territory	Texas
Case Type(s)	Equal Employment
Special Collection	IWPR/Wage Project Consent Decree Study
Attorney Organization	EEOC
Case Summary	On May 18, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Southern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Phoenix Industrial, Inc. and ... read more > On May 18, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Southern District Court of Texas, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Phoenix Industrial, Inc. and Phoenix Services. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant subjected the complainant to a racially hostile work environment because of his race, Black, and then discharged the complainant in retaliation for his opposition to the racially hostile work environment. On August 15, 2006, the District Court (Judge Hayden Head) entered a consent decree where the defendant, among other things, agreed to pay the complainant $16,000. Perry Miska - 05/09/2014 compress summary

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Issues and Causes of Action

Issues

Content of Injunction

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Discrimination-area

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis

Race discrimination

EEOC-centric

Direct Suit on Merits

General

Disparate Treatment

Retaliation

Plaintiff Type

EEOC Plaintiff

Race

Black

Causes of Action

Title VII (including PDA), 42 U.S.C. § 2000e

Case Details


Defendant(s)	Phoenix Industrial Service, Inc. Phoenix Services
Plaintiff Description	Equal Employment Opportunity Commission, on behalf of a black employee who was retaliated against for complaining about being subjected to a racially hostile work environment.
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 - 2007
Case Closing Year	2006
Case Ongoing	No

Additional Resources


	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 ]

Documents

Docket(s)

2:05−cv−00250 (S.D. Tex.)
EE-TX-0272-9000.pdf | Detail
Date: 05/15/2006
Source: PACER [Public Access to Court Electronic Records]

General Documents

Complaint [ECF# 1] EE-TX-0272-0001.pdf \| Detail Date: 05/18/2005 Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 18] EE-TX-0272-0002.pdf \| Detail Date: 08/15/2006 Source: PACER [Public Access to Court Electronic Records]

People


Judges	Head, Hayden Wilson Jr. (S.D. Tex.) EE-TX-0272-0002 \| EE-TX-0272-9000
Plaintiff's Lawyers	Sustaita, Rodolfo Lucio (Texas) EE-TX-0272-0001 \| EE-TX-0272-0002 \| EE-TX-0272-9000
Defendant's Lawyers	Morris, Richard A. (Texas) EE-TX-0272-0002 \| EE-TX-0272-9000