Case: EEOC v. AUSTIN CONSTRUCTION COMPANY, INC.

1:98-cv-00349 | U.S. District Court for the Western District of Texas

Filed Date: June 2, 1998

Closed Date: Dec. 21, 2000

Clearinghouse coding complete

Case Summary

In June 1998, the San Antonio District Office of the EEOC brought this suit against Austin Construction Company, Inc. in the U.S. District Court for the Western District of Texas. 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 complaint alleged the defendant subjected the charging party and a class of similarly situated females to a hostile work environment on the basis of their sex in violation of Title VII of the Civil Rights Act of 1964. After some discovery, the parties settled in December 1998 through a consent decree.

The two-year decree, containing a non-retaliation and a non-harassment clause, required the defendant to: post an anti-retaliation policy, provide the charging party with a positive employment reference, provide anti-retaliation training for all its employees, allow EEOC inspection, and pay $4,000 to the charging party.

Summary Authors

David Friedman (9/26/2007)

Documents in the Clearinghouse

Document

1:98-cv-00349

Docket [PACER]

EEOC v. Austin Construction Company, Inc.

Dec. 21, 1998

Dec. 21, 1998

Docket
15

1:98-cv-00349

Consent Decree

EEOC v. Austin Construction Company, Inc.

Dec. 21, 1998

Dec. 21, 1998

Settlement Agreement

Resources

Docket

Last updated March 22, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Sam Sparks (fe) (Entered: 06/03/1998)

June 2, 1998

June 2, 1998

1

Complaint filed. Filing fee waived (Pages: 5) (fe) (Entered: 06/03/1998)

June 2, 1998

June 2, 1998

2

Answer by Austin Construction (fe) (Entered: 08/05/1998)

Aug. 3, 1998

Aug. 3, 1998

3

Waiver of Service by Austin Construction ; Notice and Request Mailed on 6/5/98 ; Answer due on 8/4/98 for Austin Construction (fe) (Entered: 08/07/1998)

Aug. 6, 1998

Aug. 6, 1998

4

Proposed scheduling recommendations by Equal Employment, Austin Construction (fe) (Entered: 09/02/1998)

Sept. 1, 1998

Sept. 1, 1998

5

Consent to trial by Magistrate by Equal Employment, Austin Construction (fe) (Entered: 09/02/1998)

Sept. 1, 1998

Sept. 1, 1998

6

Order that case is reassigned to the Magistrate Judge for all purposes (mailed 9/9/98) (fe) (Entered: 09/09/1998)

Sept. 8, 1998

Sept. 8, 1998

Case reassigned from Honorable Sam Sparks to Honorable Alan D. Albright (fe) (Entered: 09/09/1998)

Sept. 8, 1998

Sept. 8, 1998

7

Order that parties shall contact the courtroom deputy for Judge Albright within 20 days of the date of this order to set a trial date; if parties intend to change the current scheduling order, they must file a new one with the court (mailed 9/10/98) (fe) (Entered: 09/10/1998)

Sept. 9, 1998

Sept. 9, 1998

8

Order setting status conference for 9:30 7/16/99 , setting Jury selection and trial for 9:00 7/19/99 ; and motions in limine shall be filed by 7/14/99 (mailed 9/25/98) (fe) (Entered: 09/25/1998)

Sept. 24, 1998

Sept. 24, 1998

Jury selection set at 9:00 7/19/99 (fe) (Entered: 09/25/1998)

Sept. 24, 1998

Sept. 24, 1998

9

Scheduling order setting: Alternate Dispute Resolution Report due by 11/23/98; Joining of parties, amending of pleadings on 12/23/98; Discovery cutoff 4/1/99; Deadline for filing of all motions 5/3/99 (mailed 9/29/98) (fe) Modified on 12/10/1998 (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

10

Witness List by plaintiff Equal Employment. (fe) (Entered: 10/16/1998)

Oct. 16, 1998

Oct. 16, 1998

10

Exhibit List by plaintiff Equal Employment. (fe) (Entered: 10/16/1998)

Oct. 16, 1998

Oct. 16, 1998

11

Order on Courtroom Decorum and Trial Procedures. (fe) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

12

Alternate Dispute Resolution Report filed by Equal Employment, Austin Construction, Parties do not agree to Alternate Dispute Resolution (fe) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

13

Joint motion by Equal Employment, Austin Construction to Enter Consent Decree (mc2) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

14

Order granting joint motion to Enter Consent Decree [13-1] (xc 12/22/98) (fe) (Entered: 12/22/1998)

Dec. 21, 1998

Dec. 21, 1998

Case closed (fe) (Entered: 12/22/1998)

Dec. 21, 1998

Dec. 21, 1998

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 2, 1998

Closing Date: Dec. 21, 2000

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

Austin Construction Company, Inc., Private Entity/Person

Case Details

Causes of Action:

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: 4000

Order Duration: 1998 - 2000

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits