University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HORIZON/CMS HEALTHCARE CORPORATION EE-NM-0027
Docket / Court CIV 97-0362RLP/DJS ( D.N.M. )
State/Territory New Mexico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 1997, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of New Mexico against Horizon/CMS Healthcare Corporation, a state-wide proprietor of over 20 long-term care facilities, alleging violations of Title VII of the Civil Rights Act of 1964, as amended ... read more >
In March 1997, the EEOC's Phoenix office filed this suit in the U.S. District Court for the District of New Mexico against Horizon/CMS Healthcare Corporation, a state-wide proprietor of over 20 long-term care facilities, alleging violations of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978. In essence, the EEOC claimed that the defendant violated the law when it refused to provide modified job duties for several pregnant CNAs who were placed on lifting restrictions by their physicians and instead terminated their jobs or laid them off. There were a couple major discovery battles in the spring of 1998 that went to the EEOC. Each side moved for summary judgment and, in June 1998, a motion hearing resulted in the EEOC's loss of its disparate impact claim. There was a six day jury trial in September 1998 but, upon its conclusion, the court granted the defendant's motion to dismiss pursuant to FRCP Rule 52(c). The EEOC appealed to the U.S. Court of Appeals for the Tenth Circuit but, upon appealing, dropped their appeal of the dismissal and instead pursued an appeal of the District Court's grant of summary judgment for the defendant on the disparate impact claim. The Tenth Circuit reversed and remanded in October 2000. The parties had received a new trial date in the District Court but, in August 2001, submitted a stipulation of dismissal with prejudice that ended the case. The stipulation's terms specify that the court would retain jurisdiction over the case for three years to "ensure that both parties abide by their respective obligations." But the filed document does not specify what those obligations were.

Margo Schlanger - 08/07/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Impact
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Horizon/CMS Healthcare Corporation
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
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief Settlement
None
Case Closing Year 1998
Case Ongoing No
Additional Resources
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Date: Oct 14, 2016
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  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr 27, 2016
By: Outten & Golden
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  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
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)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:97-cv-00362-RLP-DJS (D.N.M.)
EE-NM-0027-9000.pdf | Detail
Date: 09/12/2001
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order [Granting Motion to Compel] (D.N.M.)
EE-NM-0027-0001.pdf | Detail
Date: 04/22/1998
Memorandum Opinion and Order (D.N.M.)
EE-NM-0027-0002.pdf | Detail
Date: 06/24/1998
Order Granting Partial Summary Judgment (D.N.M.)
EE-NM-0027-0003.pdf | Detail
Date: 06/24/1998
Judgment (D.N.M.)
EE-NM-0027-0004.pdf | Detail
Date: 10/01/1998
Findings of Fact and Conclusions of Law (D.N.M.)
EE-NM-0027-0006.pdf | Detail
Date: 10/01/1998
[USCA] Judgment (220 F.3d 1184)
EE-NM-0027-0005.pdf | WESTLAW| LEXIS | Detail
Date: 10/30/2000
Stipulation of Dismissal
EE-NM-0027-0007.pdf | Detail
Date: 08/30/2001
Source: District Court

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