On September 28, 2006, The Dallas District Office of the EEOC filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Beall Concrete Enterprises, Inc., a wholly-owned subsidiary of U.S. Concrete, Inc. under the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act. The plaintiff, representing a former employee of the defendant, asked the court for injunctive relief enjoining the defendant from discrimination on the basis of disability or age, and for monetary relief as compensation for harm. The plaintiff claimed that the defendant violated the ADA by failing to provide the employee with reasonable accommodations and then firing the employee due to his disabilities. In an amended complaint, submitted on May 7, 2007, the plaintiff further alleged that the defendant terminated the complainant's employment because of his age and failed to rehire him based on his disability and age.

On November 14, 2007, the defendant moved for partial summary judgment on the plaintiff's claims under the ADA. On March 15, 2008, Judge Reed O'Connor granted the summary judgment. He found that the injuries sustained by the plaintiff on the job did not constitute a disability under the ADA. Judge O'Connor further found that the defendant's 12 month leave policy was not in violation of the ADA. 2008 WL 877769 (N.D. Tex. Mar. 15, 2008).

On April 3, 2008, Judge Reed O'Connor approved a consent decree over the remaining claim that the defendant had violated the Age Discrimination in Employment Act. The consent decree required the defendant to pay the complainant $50,000 in backpay, conduct ADEA training for its employees for two years, and post a notice about federal anti-discrimination employment laws.

Kevin Wilemon - 05/27/2008
Gabriela Hybel - 11/07/2016


compress summary