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Civil Rights Litigation Clearinghouse
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Case Name Equal Employment Opportunity Commission v. Qwest Corporation EE-OR-0012
Docket / Court 6:05-cv-01521-HO ( D. Or. )
State/Territory Oregon
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Qwest Communications in the United States District Court for the District of Oregon. The complaint alleged discriminatory discipline and termination of two employees based on national origin in ... read more >
On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Qwest Communications in the United States District Court for the District of Oregon. The complaint alleged discriminatory discipline and termination of two employees based on national origin in violation of Title VII of the Civil Rights Act of 1964 and discriminatory discipline and termination of one employee based on association with the other two employees in violation of Title VII. The EEOC sought injunctive and monetary relief on behalf of the three employees.

The court granted the three complainants motions to intervene in December 2005. Two of the intervenor-plaintiffs alleged race and national origin discrimination and retaliation in violation of Title VII, violation of 42 USC ß1981, race and national origin discrimination and retaliation in violation of Oregon law, intentional infliction of emotional distress, reckless infliction of emotional distress, and wrongful discharge. The third intervenor-plaintiff alleged association disparate treatment and retaliation in violation of Title VII, violation of 42 USC § 1981, race and national origin discrimination and retaliation in violation of Oregon law, intentional infliction of emotional distress, reckless infliction of emotional distress, and wrongful discharge.

On May 22, 2008, Judge Michael R. Hogan granted in part and denied in part a request by the defendant for summary judgment. The court granted most of the request expect for a few claims. The hostile work environment and discriminatory discharge claims remained (though these claims were dismissed as to one of the intervenor-plaintiffs).

On December 29, 2008, the parties’ began settlement discussions that resulted in a consent decree. On February 4, 2009, the court approved the parties’ consent decree. This decree called for the defendant to provide anti-discrimination training, report to the EEOC that the training was completed, and post a notice of this lawsuit’s resolution to be visible by all its employees. This decree had a duration of six months.

The case docket indicates no record of non-compliance. Furthermore, the duration of the consent decree has lapsed. Therefore, this case is presumably closed.

Daisy Manning - 06/02/2008
Sean Whetstone - 07/06/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Asian/Pacific Islander
Causes of Action 42 U.S.C. § 1981
State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Qwest Communications Inc
Qwest Corporation
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated because of their national origin and/or race.
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2009
Filing Year 2005
Case Closing Year 2009
Case Ongoing No
Docket(s)
6:05-cv-01521-HO (D. Or.)
EE-OR-0012-9000.pdf | Detail
Date: 02/27/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-OR-0012-0001.pdf | Detail
Date: 09/30/2005
First Amended Complaint
EE-OR-0012-0002.pdf | Detail
Date: 10/05/2005
Intervening Complaint
EE-OR-0012-0003.pdf | Detail
Date: 12/22/2005
Intervening Complaint
EE-OR-0012-0004.pdf | Detail
Date: 12/22/2005
Intervening Complaint
EE-OR-0012-0005.pdf | Detail
Date: 12/22/2005
Order Denying Customer's Motion to Intervene (D. Or.)
EE-OR-0012-0006.pdf | Detail
Date: 12/04/2006
Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment [ECF# 232] (2008 WL 2185124) (D. Or.)
EE-OR-0012-0008.pdf | WESTLAW | Detail
Date: 05/22/2008
Source: PACER [Public Access to Court Electronic Records]
Consent Decree and Order of Dismissal [ECF# 259] (D. Or.)
EE-OR-0012-0009.pdf | Detail
Date: 02/27/2009
Source: PACER [Public Access to Court Electronic Records]
Judges Hogan, Michael Robert (D. Or.) [Magistrate]
EE-OR-0012-0008 | EE-OR-0012-0009 | EE-OR-0012-9000
Plaintiff's Lawyers Kucuk, Molly P. (Washington)
EE-OR-0012-0009
Lafky, Kevin T. (Oregon)
EE-OR-0012-9000
Lee, Damien A. (Washington)
EE-OR-0012-0009 | EE-OR-0012-9000
Lee, James L. (District of Columbia)
EE-OR-0012-0009
Linder, Larry L (Oregon)
EE-OR-0012-9000
Lucero, A. Luis Jr. (Washington)
EE-OR-0012-9000
Olson, Kathryn Blaire (Washington)
EE-OR-0012-9000
Percell, Haley E. (Oregon)
EE-OR-0012-9000
Powell, Molly (Washington)
EE-OR-0012-9000
Reams, Gwendolyn Young (District of Columbia)
EE-OR-0012-0009
Stanley, John F. (Washington)
EE-OR-0012-0009 | EE-OR-0012-9000
Tamayo, William Robert (California)
EE-OR-0012-0009
Defendant's Lawyers Symes, David P.R. (Oregon)
EE-OR-0012-0009 | EE-OR-0012-9000
Weston, Cody M. (Oregon)
EE-OR-0012-9000
Zollinger, Jay A. (Oregon)
EE-OR-0012-9000
Other Lawyers Lowry, Robert D. (Oregon)
EE-OR-0012-9000
Mechanic, Gene B. (New York)
EE-OR-0012-9000
Rosenblatt, Richard (Colorado)
EE-OR-0012-9000

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