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Docket / Court 3:01-cv-01136-PK ( D. Or. )
State/Territory Oregon
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
EEOC's San Francisco and Seattle office jointly filed this Title VII lawsuit alleging discrimination based on national origin. The lawsuit was filed at the United States District Court for the District of Oregon (Portland) on 07/24/2001. EEOC alleged on behalf of a class of eight employees at ... read more >
EEOC's San Francisco and Seattle office jointly filed this Title VII lawsuit alleging discrimination based on national origin. The lawsuit was filed at the United States District Court for the District of Oregon (Portland) on 07/24/2001. EEOC alleged on behalf of a class of eight employees at defendant's Portland, Oregon facility that they were denied promotion to management jobs because they were Hispanics. The defendant Qwest Communications Corp. acquired US West Communications, Inc. which owned the Portland facility in June 2000. Qwest, headquartered in Denver, Colorado, maintained a broadband network that served 14 Western and Midwestern states and had nearly 14,000 employees.

Two of the eight class members intervened in EEOC's lawsuit. The private plaintiffs' complaint also made an allegation on behalf of a broader class. The parties later stipulated to dismiss the potential class action claim.

The lawsuit lasted for five years due to the parties' numerous discovery motions and requests for extension of time for discovery. Additionally, the parties stipulated to stay the proceeding in November 2003. The stay was not lifted until April 2004. After the case was transferred to a second magistrate judge, Judge Paul Papak, in September 2005, the parties reached a settlement at a judicial settlement conference presided by Judge Papak on 02/02/2006. A consent decree was entered into judgment by District Judge Michael W. Mosman on 03/29/2006.

Under the two-year consent decree, the defendant agreed to pay $320,000 for four named class members, including the two intervenor-plaintiffs, and $80,000 for the remaining four class members. The defendant also agreed to provide neutral references for the employees. Additionally, the defendant would maintain its annual training and report execution of the trainings to the EEOC. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Justin Kanter - 08/12/2007

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Issues and Causes of Action
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Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Provide antidiscrimination training
Retaliation Prohibition
National origin discrimination
Direct Suit on Merits
Private Party intervened in EEOC suit
Disparate Treatment
Pattern or Practice
National Origin/Ethnicity
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Qwest Communications Corp.
US West Communications, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
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 - 2008
Case Closing Year 2008
Case Ongoing No
Additional Resources
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  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
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
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 ]

3:01-cv-01136-PK (D. Or.)
EE-OR-0013-9000.pdf | Detail
Date: 04/18/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Civil Minutes [Order Regarding Motions for Protective Order and to Compel] (D. Or.)
EE-OR-0013-0001.pdf | Detail
Date: 09/13/2002
Stipulated Order of Dismissal [of Potential Class Action Claim] (D. Or.)
EE-OR-0013-0002.pdf | Detail
Date: 01/21/2005
Consent Decree and Order [Accepted as Proposed]
EE-OR-0013-0003.pdf | Detail
Date: 03/27/2006
EEOC Press Release
EE-OR-0013-0004.pdf | Detail
Date: 04/12/2006
Judges Jelderks, John A. (D. Or.) [Magistrate]
Papak, Paul J. (D. Or.) [Magistrate]
Plaintiff's Lawyers Goldsmith, Phil (Oregon)
Hinojos-Fall, Zulema (Washington)
Kasson, Richard A. (Oregon)
Katahira, Wesley (Washington)
Lucero, A. Luis Jr. (Washington)
Standal, Barbara J. (Washington)
Stanley, John F. (Washington)
Yugler, RIchard S. (Oregon)
Defendant's Lawyers Aslin, John (Washington)
Graham, Bethany C. (Oregon)
Hollingsworth, Jeffrey Alan (Washington)
Massih, Pauline (California)
Symes, David P.R. (Oregon)
Wegner, Mary Lee (California)

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