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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 ...
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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
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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
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. ยง 2000e
Case Details
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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
Filed Pro Se
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
Filed
05/18/2005
Case Closing Year
2006
Case Ongoing
No
Documents
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Court
Docket(s)
S.D. Tex.
05/15/2006
2:05−cv−00250
EE-TX-0272-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Tex.
05/18/2005
Complaint [ECF# 1]
EE-TX-0272-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Tex.
08/15/2006
Consent Decree [ECF# 18]
EE-TX-0272-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Head, Hayden Wilson Jr.
(S.D. Tex.)
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EE-TX-0272-0002 | EE-TX-0272-9000
Plaintiff's Lawyers
Sustaita, Rodolfo Lucio
(Texas)
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EE-TX-0272-0001 | EE-TX-0272-0002 | EE-TX-0272-9000
Defendant's Lawyers
Morris, Richard A.
(Texas)
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EE-TX-0272-0002 | EE-TX-0272-9000
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