Case: EEOC v. PONY EXPRESS COURIER CORP.

5:96-cv-01333 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 13, 1996

Closed Date: April 21, 1997

Clearinghouse coding complete

Case Summary

In December 1996, the San Antonio District Office of the EEOC filed this lawsuit against Pony Express Courier Corp. in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the defendant was accused of paying the fe…

In December 1996, the San Antonio District Office of the EEOC filed this lawsuit against Pony Express Courier Corp. in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the defendant was accused of paying the female complaining party an inferior wage to the male employee who replaced her in carrying out the functions of the position. Following the defendant's failed motion to dismiss the lawsuit, the parties settled the lawsuit in April 1997 through a consent decree.

The three-year decree, containing anti-discrimination and retaliation language, required the defendant to: allow the EEOC access for monitoring purposes, expunge complainant's employment record and provide her with a neutral reference, and pay $3187.52 to be distributed to the complainant.

Summary Authors

David Friedman (3/20/2008)

Documents in the Clearinghouse

Document

5:96-cv-01333

Docket (PACER)

U.S. Equal Employmen, et al v. Pony Express Courier

April 21, 1997

April 21, 1997

Docket
15

5:96-cv-01333

Consent Decree

U.S. Equal Employment, et al v. Pony Express Courier

April 21, 1997

April 21, 1997

Settlement Agreement

Resources

Docket

Last updated March 24, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Fred Biery (wg) (Entered: 12/13/1996)

Dec. 13, 1996

Dec. 13, 1996

1

Complaint filed. (Pages: 6) (wg) (Entered: 12/13/1996)

Dec. 13, 1996

Dec. 13, 1996

1

Demand for jury trial by U.S. EEOC (wg) (Entered: 12/13/1996)

Dec. 13, 1996

Dec. 13, 1996

2

Notice of Lawsuit and Request for Waiver of Service as to Pony Express Courier 12/16/96 ; Answer due on 2/14/97 for Pony Express Courier (fe) (Entered: 12/19/1996)

Dec. 17, 1996

Dec. 17, 1996

3

ORDER that the plaintiff shall submit a proposed scheduling order to the Court within thirty (30) days after the appearance of any defendant (tr) (Entered: 01/02/1997)

Dec. 30, 1996

Dec. 30, 1996

4

Motion by Pony Express Courier to dismiss complaint (tr) (Entered: 01/23/1997)

Jan. 21, 1997

Jan. 21, 1997

4

Answer by Pony Express Courier (tr) (Entered: 01/23/1997)

Jan. 21, 1997

Jan. 21, 1997

5

Demand for jury trial by Pony Express Courier (tr) (Entered: 01/23/1997)

Jan. 21, 1997

Jan. 21, 1997

6

Response by U.S. EEOC motion to dismiss complaint [4-1] (tr) (Entered: 01/28/1997)

Jan. 27, 1997

Jan. 27, 1997

7

Recommendations for scheduling order by U.S. EEOC (tr) (Entered: 02/10/1997)

Feb. 6, 1997

Feb. 6, 1997

8

Non-consent to proceed on expedited docket and heard before a U.S. Magistrate by Pony Express Courier, U.S. EEOC (tr) (Entered: 02/12/1997)

Feb. 12, 1997

Feb. 12, 1997

9

ORDER denying motion to dismiss complaint [4-1] (tr) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

10

ORDER setting initial pretrial status conference 9:30 2/28/97 (tr) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

11

ORDER Concerning Consent Trials, Discovery, Pretrial Matters, and Pretrial Order (tr) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

12

Scheduling order setting Joining of parties, amending of pleadings on 5/21/97 Deadline for filing of all motions 9/5/97 Discovery cutoff 8/6/97 ; Alternate Dispute Resolution Report due by 4/21/97 (tr) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

13

ORDER Advisory Concerning Discovery (tr) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

14

Joint motion by Pony Express Courier, U.S. EEOC to enter consent decree (fe) (Entered: 04/18/1997)

April 17, 1997

April 17, 1997

15

CONSENT JUDGMENT... The Parties shall bear their own costs and attorney's fees incurred in this action. The parties agree that pursuant to Section 706(k) of Title VII, 42 USC 2000e-5(k), there is no "prevailing party" in this action or proceeding. (Pages: 5) (fe) (Entered: 04/23/1997)

April 21, 1997

April 21, 1997

Case closed (fe) (Entered: 04/23/1997)

April 21, 1997

April 21, 1997

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 13, 1996

Closing Date: April 21, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pony Expres Courier Corp., Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3187.52

Order Duration: 1997 - 2000

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits