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Case Name
EEOC v. Beall Concrete Enterprises, Inc., a wholly owned subsidiary
EE-TX-0062
Docket / Court
3-06CV1779-M ( N.D. Tex. )
State/Territory
Texas
Case Type(s)
Disability Rights-Pub. Accom.
Equal Employment
Special Collection
EEOC Study -- in sample
Attorney Organization
EEOC
Case Summary
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 ...
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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
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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Training
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Age discrimination
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Case Details
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Defendant(s)
Beall Concrete Enterprises, Inc
Beall Concrete Enterprises, Inc.
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
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
2008 - 2010
Filed
09/28/2006
Case Closing Year
2008
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
N.D. Tex.
04/22/2008
3:06-cv-01779
EE-TX-0062-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Tex.
09/28/2006
Complaint [ECF# 1]
EE-TX-0062-0001.pdf
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Detail
N.D. Tex.
05/07/2007
Plaintiff's First Amended Complaint [ECF# 12]
EE-TX-0062-0002.pdf
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Detail
N.D. Tex.
03/15/2008
Memorandum Opinion and Order [ECF# 30]
(2008 WL 877769)
EE-TX-0062-0003.pdf
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WESTLAW
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Tex.
04/03/2008
Order [ECF# 46]
EE-TX-0062-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Tex.
04/22/2008
Consent Decree [ECF# 47]
EE-TX-0062-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
O'Connor, Reed Charles
(N.D. Tex.)
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EE-TX-0062-9000
Plaintiff's Lawyers
Canino, Robert Anthony
(Texas)
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EE-TX-0062-9000
Cooper, Ronald S.
(District of Columbia)
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EE-TX-0062-9000
Costas, Toby W.
(Texas)
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EE-TX-0062-9000
Lee, James L.
(Texas)
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EE-TX-0062-9000
Reams, Gwendolyn Young
(District of Columbia)
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EE-TX-0062-9000
Seth, Devika
(Texas)
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EE-TX-0062-9000
Defendant's Lawyers
Levine, Mark J.
(Texas)
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EE-TX-0062-9000
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