Case 5:06-cv-00115-CMC Document 1-1 Filed 05/30/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BROOKSHIRE GROCERY COMPANY )

)

)

Defendant.

)

)

---
·v ·, CIVIL ACTION NO. DJ !!) 6 'C
COMPLAINT
DEMAND FOR JURY TRIAL

- ''..l
~----

COMPLAINT
This is an action under Title I of the Americans with Disabilities Act of 1990 to correct
unlawful employment practices on the basis of disability and to provide appropriate reliefto Jane Doe 1("Doe"), who was subjected to an unlawful medical inquiry and examination and then
demoted and constructively discharged because ofher disability.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,
1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by
reference §§706(f)(1),(3) and 707(a) of Title VII ofthe Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §2000e-5(f)(1),(3) and 2000e-6(a), and pursuant to §102 of the Civil Rights Act of 1991,
42 U.S.C.§1981A.
1 Jane Doe is a pseudonym, which Plaintiff has used in order to avoid publicly identifying the individual on whose claims this lawsuit is based, the individual who filed EEOC Charge No. 310-2005-01872. Plaintiff files, concurrently with its Complaint, a Motion For Protective Order, requesting permission to proceed with this litigation without revealing Jane Doe's real name, and prohibiting all other parties from revealing that name. If that Motion is denied, Plaintiff will file an amended Complaint containing Ms. Doe's real name.

Case 5:06-cv-00115-CMC Document 1-1 Filed 05/30/2006 Page 2 of 5
2. The employment policies and practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by §107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference §§706(±)(1),(3) and 707(a) of Title VII, 42 U.S.C. §2000e-5(f)(1),(3) and 2000e-6(a). Plaintiff, the Equal Employment Opportunity Commission, also brings this action under 42 U.S.C. § 12112(b)(4). 4. At all relevant times, Defendant, Brookshire Grocery Company ("Brookshire"), has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under§ 101(5) ofthe ADA, 42 U.S.C.§ 12111(5), and§ 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference§§ 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(g) and (h). 6. At all relevant times, Defendant has been a covered entity under §101 (2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than 30 days prior to the institution of this lawsuit, Doe filed a charge of discrimination with the Commission alleging violations of Title I of the ADA by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. The Defendant has engaged in unlawful employment practices, in violation of
2
COMPLAINT

Case 5:06-cv-00115-CMC Document 1-1 Filed 05/30/2006 Page 3 of 5
§ 102 of Title I ofthe ADA, 42 U.S.C. § 12112(a), by demoting and constructively discharging Doe because of her disability, Hepatitis C.
9. The Defendant has engaged in unlawful employment practices, in violation of Sec. 102 of Title I of the ADA, 42 U.S.C. Sec. 12112(d), by subjecting Doe to a prohibited examination and inquiry.
10. The effect ofthe practices complained of in paragraphs 8 and 9, above, has been to deprive Doe of equal employment opportunities, and has otherwise adversely affected her status as an employee.
11. The unlawful practices complained of in paragraphs 8 and 9, above, were committed intentionally.
12. The unlawful practices complained of in paragraphs 8 and 9, above, were committed with malice or with reckless indifference to the federally protected rights of Doe.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction ensuring compliance with the ADA, and enjoining Defendant Brookshire, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability. B. Order the Defendant to institute and carry out policies, practices and programs that provide equal employment opportunities for qualified individuals with disabilities and which eradicate the effects of the Defendant's past and present unlawful practices. C. Order the Defendant to make whole Doe by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to
3
COMPLAINT

Case 5:06-cv-00115-CMC Document 1-1 Filed 05/30/2006 Page 4 of 5

eradicate the effects of the Defendant's unlawful employment practices, including but not limited

to rightful place reinstatement or front pay in lieu thereof.

D. Order the Defendant to make whole Doe by providing compensation for past and

future non-pecuniary losses resulting from the unlawful employment practices described in

paragraphs 8 and 9, above, including but not limited to emotional pain, suffering, inconvenience,

humiliation, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.

E. Order the Defendant to pay Doe punitive damages for its malicious conduct or

reckless indifference described in paragraph 8 and 9, above, in an amount to be determined at

trial.

F. Grant such further relief as the Court deems necessary and proper in the public

interest.

G. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its

Complaint.

Respectfully submitted,

JAMES L. LEE

Deputy General Counsel

~w-4~t. . RBiiRTACA rN'o

Regional Attorney\__)

Oklahoma State Bar No. 011782

~~oST~mtomey supervisory

"1- .pt-'M';...;_ /-

Texas State Bar No. 04855720

4
COMPLAINT

Case 5:06-cv-00115-CMC Document 1-1 Filed 05/30/2006 Page 5 of 5
LTICIAooMitf~
Trial Attorney Texas State Bar No. 00795741 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION El Paso Area Office 300 E. Main, Suite 500 El Paso, Texas 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701
5
COMPLAINT

 </s> Case 5:06-cv-00115-CMC Document 12 Filed 07/24/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

§

V.

§

§

BROOKSHIRE GROCERY COMPANY §

No. 5:06CV115

ORDER

Before the Court is Plaintiff Equal Employment Opportunity Commission’s Motion for

Protective Order to Protect Identity of Individual on Whose Claims its Lawsuit is Based (Docket

Entry # 3). The Court, having reviewed the motion and noting that no response has been filed, is of

the opinion the motion should be GRANTED.1

Plaintiff moves for a protective order which will allow it to proceed with litigation of this

action without revealing the individual’s real name who filed EEOC Charge Number 310-2005-

01872 and which will also prohibit all other parties from revealing that name. Plaintiff points out

Federal Rule of Civil Procedure 10(a) provides that in the Complaint, the title of the action shall

include the names of all parties. FED. R. CIV. P. 10(a). Plaintiff states the individual on whose

claims Plaintiff’s lawsuit is based is not a party to this action.

Plaintiff further asserts the individual on whose claims Plaintiff’s lawsuit is based has been

diagnosed with Hepatitis C, and in Plaintiff’s Complaint, Plaintiff alleges Brookshire Grocery

Company discriminated against that individual in violation of the Americans with Disabilities Act

because she has Hepatitis C. Plaintiff states the individual believes if others, including her current

employer, learn of her diagnosis, she will be embarrassed, stigmatized, and subjected to further

1On July 19, 2006, the above-entitled and numbered cause of action was referred to the undersigned in accordance with 28 U.S.C. § 636(c) and the consent of the parties.

Case 5:06-cv-00115-CMC Document 12 Filed 07/24/2006 Page 2 of 2
discrimination. Plaintiff states the matters involved in this lawsuit are matters of a sensitive and highly personal nature, making this a case in which the anonymity of the individual on whose claims the EEOC brings this lawsuit should be preserved.
The Court finds the matters involved in this case are matters of a sensitive and highly personal nature, justifying the issuance of a protective order to protect the anonymity of the individual on whose claims the EEOC brings this lawsuit. The Court also notes Defendant did not file a response in opposition to Plaintiff’s motion. Local Rule CV-7(d) states that in the event a party fails to oppose a motion in the manner prescribed, the Court will assume the party has no opposition. Accordingly, it is
ORDERED that Plaintiff Equal Employment Opportunity Commission’s Motion for .
Protective Order to Protect Identity of Individual on Whose Claims its Lawsuit is Based (Docket Entry # 3) is GRANTED. It is further
ORDERED that Plaintiff may proceed with this litigation without revealing the real name of the individual on whose claims its lawsuit is based. It is further
ORDERED that all other parties are prohibited from revealing that name, and the individual on whose claims Plaintiff’s lawsuit is based shall be referred to as “Jane Doe” throughout this litigation.
SIGNED this 24th day of July, 2006.
____________________________________ CAROLINE M. CRAVEN UNITED STATES MAGISTRATE JUDGE
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 </s> Case 5:06-cv-00115-CMC Document 20 Filed 10/23/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

§

V.

§

§

BROOKSHIRE GROCERY COMPANY §

No. 5:06CV115

ORDER

Before the Court is Plaintiff Equal Employment Opportunity Commission’s Motion for

Protective Order to Protect Identity of Individual on Whose Claims its Lawsuit is Based (Docket

Entry # 3). The Court, having reviewed the motion, the response, and the reply, is of the opinion the

motion should be GRANTED.

BACKGROUND

Plaintiff Equal Employment Opportunity Commission (“Plaintiff”) claims that Brookshire

Grocery Company (“Defendant”) violated Section 102(a) of the Americans with Disabilities Act

(“ADA”), 42 U.S.C. §12112(a) when it demoted and constructively discharged Jane Doe. Plaintiff

EEOC also claims Defendant violated Section 102(d) of Title I of the ADA, 42 U.S.C. §12112(d),

when it subjected Jane Doe to a prohibited examination and inquiry. Additionally, Plaintiff claims

that Defendant’s violations of the ADA were intentional and were done with malice or with reckless

indifference to Jane Doe’s federally protected rights.

PLAINTIFF’S MOTION

Currently, Plaintiff moves for a protective order which will allow it to proceed with litigation

of this action without revealing the individual’s real name who filed EEOC Charge Number 310-

2005-01872 and which will also prohibit all other parties from revealing that name. Plaintiff points

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out Federal Rule of Civil Procedure 10(a) provides that in the Complaint, the title of the action shall include the names of all parties. FED. R. CIV. P. 10(a). Plaintiff states the individual on whose claims Plaintiff’s lawsuit is based is not a party to this action.
Plaintiff further asserts the individual on whose claims Plaintiff’s lawsuit is based has been diagnosed with Hepatitis C, and in Plaintiff’s Complaint, Plaintiff alleges Brookshire Grocery Company discriminated against that individual in violation of the Americans with Disabilities Act because she has Hepatitis C. Plaintiff states the individual believes if others, including her current employer, learn of her diagnosis, she will be embarrassed, stigmatized, and subjected to further discrimination. Plaintiff states the matters involved in this lawsuit are matters of a sensitive and highly personal nature, making this a case in which the anonymity of the individual on whose claims the EEOC brings this lawsuit should be preserved.
DEFENDANT’S RESPONSE In response, Defendant asserts the basic principle set forth by the federal rules is that the identity of the real parties in interest to a lawsuit should not be concealed. According to Defendant, there is a constitutionally-embedded presumption of openness in judicial proceedings, and in this instance, the Court should use its discretion to uphold the presumption. Defendant contends there has been no showing by the real party in interest or by the EEOC that the Hepatitis C virus carries with it some overwhelming stigma that would result in harm to the real party in interest by the mere mention of her name in association with her Hepatitis C positive status. Defendant argues Plaintiff’s request to proceed under a fictitious name is an unnecessary complication in this matter.
DISCUSSION Federal Rule of Civil Procedure 17(a) provides that every action shall be prosecuted in the
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name of the real party in interest. Defendant asserts Plaintiff is the real party in interest, and there has been no showing that Hepatitis C carries a stigma in society or is a cause of embarrassment or routine discrimination. However, as stated by Plaintiff, Defendant has not cited a case which holds that FED. R. CIV. P. 17(a) requires the identification of an individual whose claims form the basis of an EEOC lawsuit. No other federal or local rules requires the identification of the individual on whose claims Plaintiff’s EEOC lawsuit is based. This Court has discretion to allow this lawsuit to proceed without revealing the identity of the individual on whose behalf the EEOC has brought this lawsuit. See, e.g., EW v. New York Blood Center and United Blood Services, 213 F.R.D. 108, 110 (E.D. N.Y. 2003). The Court finds the matters involved in this case are matters of a sensitive and highly personal nature, justifying the issuance of a protective order to protect the anonymity of the individual on whose claims the EEOC brings this lawsuit. Accordingly, it is
ORDERED that Plaintiff Equal Employment Opportunity Commission’s Motion for .
Protective Order to Protect Identity of Individual on Whose Claims its Lawsuit is Based (Docket Entry # 3) is GRANTED. It is further
ORDERED that Plaintiff may proceed with this litigation without revealing the real name of the individual on whose claims its lawsuit is based. It is further
ORDERED that all other parties are prohibited from revealing that name, and the individual on whose claims Plaintiff’s lawsuit is based shall be referred to as “Jane Doe” throughout this litigation.
SIGNED this 23rd day of October, 2006.
____________________________________ 3CAROLINE M. CRAVEN UNITED STATES MAGISTRATE JUDGE

 </s> Case 5:06-cv-00115-CMC Document 312 Filed 023/2081/2007 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff

)

)

and

)

)

JANE DOE,

)

)

Plaintiff-Intervenor

)

)

v.

)

)

BROOKSHIRE GROCERY COMPANY, )

)

Defendant.

)

CIVIL ACTION NO. 5:06-cv-00115

CONSENT DECREE The parties to this Consent Decree are Plaintiff United States Equal Employment Opportunity Commission ("EEOC") and Defendant Brookshire Grocery Company ("Defendant"). This Consent Decree resolves PlaintiffEEOC's claims in the above-referenced Civil Action No. 5:06-cv-00115. PlaintiffEEOC initiated its lawsuit pursuant to the Americans with Disabilities Act, 42 U.S.C. §12101, et seq. ("ADA"), and Title I of the Civil Rights Act of 1991,42 U.S.C. §1981a. PlaintiffEEOC's Complaint in this lawsuit asserts unlawful employment practices on the basis of disability, and seeks to provide relief to "Jane Doe," the individual who filed EEOC Charge No. 310-2005-01872. Plaintiff EEOC alleges that Jane Doe was subjected to discrimination in violation of the ADA when she was required to submit to an unlawful medical exam, and constructively discharged because of her disability, Hepatitis C.

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Plaintiff EEOC and Defendant wish to settle the claims raised by Plaintiff EEOC in this case, without the necessity of further litigation, pursuant to the terms delineated in this Decree.
IT IS ORDERED, ADJUDGED, AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the filing ofthis action have been met. Plaintiff EEOC's Complaint states claims on behalf ofthe charging party, hereinafter to be referred to as "Jane Doe," which, if proved, would authorize this Court to grant relief against Defendant, pursuant to the ADA. 2. This Consent Decree resolves all issues raised in PlaintiffEEOC's Complaint in this case. Plaintiff EEOC waives further litigation of all issues raised in the above-referenced Complaint. Plaintiff EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Defendant. 3. The duration of this Consent Decree shall be two years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Consent Decree, and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of this Consent Decree's provisions. Any violation of this Consent Decree by Defendant and/or its officers, employees, servants, successors, or assigns, shall toll the running of this two year period as of the date of the violation. 4. Defendant shall pay to Jane Doe the sum total of $50,000, within 14 days of the filing date of this Consent Decree. The payment to Ms. Doe shall be sent to her attorney, Marshall Wood, at the following address: Norton & Wood, P.O. Box. 1808, Texarkana, TX 75504. A copy of any settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Tisha Dominguez, Trial Attorney, 300 E. Main, Suite 500, EI Paso,
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TX 79901. Plaintiff EEOC shall inform Defendant of the name to whom the settlement check should be made after the filing of this Consent Decree. 5. In providing employment references regarding Jane Doe, Defendant shall not make any mention of the filing ofPlaintiffEEOC's Complaint, or the underlying charge of discrimination filed by Jane Doe. 6. Under no circumstances will Defendant, its agents, officers, employees, servants, successors or assigns, mention to anyone the fact that Jane Doe has Hepatitis C. 7. Defendant shall, within 30 days of the filing date of this Consent Decree, expunge the personnel file(s) of Jane Doe of any and all documents relating to the EEOC charge which she filed, of any and all documents relating to Plaintiff EEOC' s Complaint, and of any and all documents which set out, describe, and/or relate to the fact that Jane Doe has Hepatitis C. 8. Defendant and its agents, officers, employees, servants, successors, and assigns, will not discriminate against any employee on the basis of disability. 9. Defendant will not require food employees who are believed to have Hepatitis C to take a medical exam, based on that belief. Nor will Defendant remove any food employee from his employment position solely because he has Hepatitis C. 10. Defendant will, within 30 days of the filing date of this Consent Decree, revise its Policy Concerning Sick Partners, so that it accurately describes diseases that are communicable through food. 11. Defendant will ensure that, before it removes an employee with a medical condition from his job due to concerns that the employee may transmit that medical condition to co-workers or customers, it has considered the most current information regarding the transmission of that medical condition available from public health authorities.
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12. Defendant shall post a copy of Exhibit "A" on all employee bulletin boards and other areas where employees are likely to congregate, within thirty (30) days of the filing date of the Consent Decree and shall leave it posted for the duration of this Consent Decree. Additionally, Defendant shall, for the duration of this Consent Decree, educate all newly hired employees in deli/market operations regarding Exhibit "A." 13. Within one hundred eighty (180) days of the effective date of this Consent Decree, every employee of Defendant who is in a supervisory position over retail market and deli operations shall participate in no less than two (2) hours of training to include information regarding food safety and handling, and the application of the ADA. This training shall explain the law relating to discrimination in employment based on disability, with particular attention to the ADA's improper inquiry provisions, which are codified at 42 U.S.C. §12112(d)(4), and with particular attention to the fact that no Brookshire employee with a medical condition may be required to submit to a medical exam, or subjected to any medical inquiry, solely based on Brookshire's concern that the employee might transmit their medical condition to their customers or their coworkers, unless Brookshire Grocery Company has first considered the most current medical information available from public health authorities regarding the transmission of any such medical condition. The training shall also teach the steps which supervisory employees and human resources personnel must follow, if they receive a complaint from an employee who believes that he or she is being subjected to an inappropriate medical inquiry and/or required to submit to a medical exam which the employee believes to be inappropriate, or from an employee who believes that he is being discharged, and/or threatened with discharge because of a disabling condition. Additionally, the training shall include pertinent information from the following
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EEOC guidance document: How to Comply with the Americans with Disabilities Act: A Guide

for Restaurants and Other Food Service Employers. 14. Defendant will, within 40 days of the filing date of this Consent Decree, send a written

report to the EEOC which: (a) describes the specific items expunged from Jane Doe's personnel

file(s); (b) includes a copy of Defendant's revised Policy Concerning Sick Partners; and (c)

confirms that the Exhibit "A" is posted, in compliance with this Consent Decree. 15. Defendant will, within 190 days of the filing date of this Consent Decree, furnish to

Plaintiff EEOC a written report describing the training attended by its employees who are in a

supervisory position over retail market and deli operations, and provide an overview of the

training provided, with a listing of materials provided which pertain to partners involved with

food handling. 16. Plaintiff EEOC shall have the right to ensure compliance with the terms of this Consent

Decree and may examine relevant documents. 17. All reports to the EEOC required by this Consent Decree shall be sent to Tisha

Dominguez, Trial Attorney, 300 E. Main, Suite 500, EI Paso, TX 79901. 18. The terms of this Consent Decree shall be binding upon Defendant, its agents, officers,

employees, servants, successors, and assigns, as to the issues resolved herein.

19. Each party shall bear its own costs, including attorneys' fees incurred in this action.

SO ORDERED. Hello This is a Test
Signed this - 1 day of

March ,2007.

CAROLINE M. CRAVEN UNITED STATES MAGISTRATE JUDGE

5

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EXHIBIT A
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NOTICE TO ALL EMPLOYEES
Brookshire Grocery Company is firmly committed to treating employees according to merit, without regard to their race, religion, color, national origin, sex, age, disability, or their having engaged in activity protected by the Americans with Disabilities Act. This policy applies to all employment decisions, and all other terms and conditions of employment. Brookshire Grocery Company will specifically not require any of its employees who have medical conditions to be subjected to a medical inquiry or exam, solely because Brookshire is concerned that the employee might transmit that medical condition to his customers or co-workers, unless Brookshire Grocery Company has first considered the most current medical information available from public health authorities, regarding the transmission of such medical conditions. Brookshire Grocery Company will also not discharge any qualified employee with a disability, because of that employee's disability.
If you believe that you are being discriminated against in any term or condition of your employment because of your race, religion, color, sex, age, disability or national origin, including being inappropriately subjected to a medical inquiry and/or required to take a medical exam which you believe to be inappropriate, or if you believe that you are being discharged, or threatened with discharge, because of your disability, you are encouraged to seek assistance from supervisory personnel, from human resources personnel, or from the United States Equal Employment Opportunity Commission, which is also known as the EEOC. You can find the EEOC office which is closest to you through the EEOC's web site, www.eeoc.g:ov. You may also reach the EEOC through the following 800 number: 1-800-669-4000. No retaliatory action may be taken against you for seeking assistance from, filing a charge with, or communicating with the EEOC.
In addition to enforcing the provisions of the Americans with Disabilities Act which prohibit employment discrimination against people with disabilities, the EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act, which . prohibits employment discrimination against people because they are forty years old or older; the Equal Pay Act; and sections of the Civil Rights Act of 1991.
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CLOSED, CONSENT, JURY
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Texarkana) CIVIL DOCKET FOR CASE #: 5:06-cv-00115-CMC

Equal Employment Opportunity Commission v. Brookshire Grocery Company Assigned to: Magistrate Judge Caroline Craven Cause: 28:451 Employment Discrimination

Date Filed: 05/30/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Leticia Dominguez Equal Employment Opportunity Commission - El Paso 300 E Main, Suite 500 El Paso, TX 79901 915-534-6676 Fax: 915-534-6701 Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Toby W Costas Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 1214 253-2749 Email: toby.costas@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Jane Doe

represented by Marshall Clark Wood Norton & Wood 315 Main St PO Box 1808 Texarkana, TX 75504-1808 903/823-1321 Fax: 19038231325 Email: marshall@nortonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Brookshire Grocery Company

Cyndia M Hammond Norton & Wood 315 Main St PO Box 1808 Texarkana, TX 75504-1808 903/823-1321 Fax: 903/823-1325 Email: cyndia@nortonlaw.com ATTORNEY TO BE NOTICED
represented by A Paul Miller Miller James Miller & Hornsby 1725 Galleria Oaks Drive Texarkana, TX 75504-2044 903/794-2711 Fax: 19037921276 Email: paulmiller@cableone.net ATTORNEY TO BE NOTICED

Date Filed 05/30/2006 05/30/2006 05/30/2006
05/30/2006 06/22/2006 07/06/2006

#

Docket Text

1 COMPLAINT against Brookshire Grocery Company , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(rml, ) (Entered: 05/30/2006)
2 APPLICATION to Appear Pro Hac Vice by Attorney Leticia Dominguez for Equal Employment Opportunity Commission. (rml, ) (Entered: 05/30/2006)
3 MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(rml, ) Modified on 7/6/2006 (mpv, ). ***REFERRED TO JUDGE CRAVEN***
(Entered: 05/30/2006)
4 Magistrate Consent Form Mailed to Equal Employment Opportunity Commission (rml, ) (Entered: 05/30/2006)
5 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Brookshire Grocery Company waiver sent on 5/30/2006, answer due 7/31/2006. (mpv, ) (Entered: 06/22/2006)
6 ORDER REFERRING MOTION: 3 MOTION for Protective Order filed by Equal Employment Opportunity Commission, to US Magistrate Judge Caroline M Craven. Signed by Judge David Folsom on 7/6/06. (mpv, ) (Entered: 07/06/2006)

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07/07/2006 07/13/2006 07/14/2006 07/17/2006 07/19/2006 07/19/2006 07/24/2006
07/25/2006
07/31/2006
07/31/2006 08/07/2006

7 NOTICE of Attorney Appearance by Toby W Costas on behalf of Equal Employment Opportunity Commission (Costas, Toby) (Entered: 07/07/2006)
8 Defendant's Original ANSWER to Complaint with Jury Demand by Brookshire Grocery Company.(Miller, A) (Entered: 07/13/2006)
Magistrate Consent Form EMailed to Brookshire Grocery Company (sm, ) (Entered: 07/14/2006)
9 ORDER TO CONDUCT RULE 26(f) CONFERENCE Rule 26 Meeting Report due by 9/11/2006.. Signed by Judge David Folsom on 7/17/06. (mrm, ) (Entered: 07/17/2006)
10 CONSENT to Proceed Before US Magistrate Judge by Equal Employment Opportunity Commission, Brookshire Grocery Company. Case reassigned to Magistrate Judge Caroline Craven. (mpv, ) (Entered: 07/19/2006)
11 ORDER assigning case to Judge Craven by consent of the parties for all further proceedings and entry of judgment. Signed by Judge David Folsom on 7/19/06. (mpv, ) (Entered: 07/19/2006)
12 ***VACATED PER ORDER #14***
ORDER granting 3 Motion for Protective Order. ORDERED that Pla may proceed with this litigation without revealing the real name of the individual on whose claims its lawsuit is based. It is further ORDERED that all other parties are prohibited from revealing that name, and the individual on whose claims Pla's lawsuit is based shall be referred to as "Jane Doe" throughout this litigation . Signed by Judge Caroline Craven on 7/24/06. (mpv, ) Modified on 10/23/2006 (mpv, ). (Entered: 07/24/2006)
13 MOTION for Reconsideration re 12 Order on Motion for Protective Order, Defendant's Unopposed Motion to Allow Filing of Response and Motion for Reconsideration of Order Granting Protective Order by Brookshire Grocery Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 07/25/2006)
14 ORDER granting 13 Motion to allow filing of response and Motion for Reconsideration re 12 Order on Motion for Protective Order. Dft is allowed to file its Respose to Plaintiff's Motion for Protective Order to Protect Identity of Individual on Whose claims its Lawsuit is Based, and the Court's Order granting that Motion #12 is hereby set aside pending the court's review fof Defendant's Response. Signed by Judge Caroline Craven on 7/27/06. (mpv, ) Modified on 10/23/2006 (mpv, ). (Entered: 07/31/2006)
15 RESPONSE to Motion re 3 MOTION for Protective Order Defendant's Response to Plaintiff's Motion for Protective Order to Protect the Identity of Individual on Whose Claims Its Lawsuit is Based filed by Brookshire Grocery Company. (Miller, A) (Entered: 07/31/2006)
16 REPLY to Response to Motion re 3 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Dominguez, Leticia) (Entered: 08/07/2006)

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08/10/2006 08/18/2006 08/18/2006 10/23/2006
11/08/2006 11/09/2006
11/30/2006 12/06/2006
12/06/2006 12/06/2006 12/06/2006 01/16/2007

17 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 08/10/2006)
18 NOTICE of Disclosure by Brookshire Grocery Company (Miller, A) (Entered: 08/18/2006)
19 NOTICE of Disclosure by Equal Employment Opportunity Commission (Dominguez, Leticia) (Entered: 08/18/2006)
20 ORDER granting 3 Motion for Protective Order. ORDERED that Plaintiff Equal Employment Opportunity Commission's Motion for Protective Order to Protect Identity of Individual on Whose Claims its Lawsuit is Based is GRANTED. It is further ORDERED that Plaintiff may proceed with this litigation without revealing the real name of the individual on whose claims its lawsuit is based. It is further ORDERED that all other parties are prohibited from revealing that name, and the individual on whose claims Plaintiff's lawsuit is based shall be referred to as "Jane Doe" throughout this litigation . Signed by Judge Caroline Craven on 10/23/06. (mpv, ) (Entered: 10/23/2006)
21 MOTION Agreed Motion for Entry of Agreed Scheduling Order by Brookshire Grocery Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 11/08/2006)
22 SCHEDULING ORDER: Final Pretrial Conference set for 6/18/2007 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Amended Pleadings due by 3/2/2007. Discovery due by 3/2/2007. Joinder of Parties due by 2/2/2007. Jury Selection set for 6/19/2007 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Mediation Completion due by 3/16/2007. Dispositive Motions due by 4/2/2007. Proposed Pretrial Order due by 5/18/2007.. Signed by Judge Caroline Craven on 11/9/2006. (sm, ) (Entered: 11/09/2006)
23 AMENDED ANSWER to Plaintiff's 1 Complaint by Brookshire Grocery Company. (Miller, A) (Entered: 11/30/2006)
24 ***FILED IN ERROR; PLEASE IGNORE***
MOTION to Intervene Plea in Intervention by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Wood, Marshall) Modified on 12/6/2006 (mpv, ). (Entered: 12/06/2006)
NOTICE of Deficiency regarding the MOTION to Intervene Plea in Intervention #24 submitted Motion not filed. Atty must refile. Correction should be made by one business day. (mpv, ) (Entered: 12/06/2006)
25 MOTION to Intervene Plea in Intervention by Jane Doe. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Text of Proposed Order)(Wood, Marshall) (Entered: 12/06/2006)
26 NOTICE of Attorney Appearance by Cyndia M Hammond on behalf of Jane Doe (Hammond, Cyndia) (Entered: 12/06/2006)
27 ORDER granting 25 Motion to Intervene (per Local Rule 7(j) movant shall now file document). Signed by Judge Caroline Craven on 1/16/07. (mpv, ) (Entered: 01/16/2007)

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01/23/2007 01/24/2007 01/25/2007 02/28/2007 03/01/2007

28 NOTICE of Disclosure by Equal Employment Opportunity Commission Pursuant to Rule 26(a)(2) (Dominguez, Leticia) (Entered: 01/23/2007)
29 NOTICE of Disclosure by Brookshire Grocery Company First Supplemental Disclosure (Miller, A) (Entered: 01/24/2007)
30 NOTICE of Disclosure by Jane Doe (Hammond, Cyndia) (Entered: 01/25/2007)
31 SETTLEMENT AGREEMENT Consent Decree by Brookshire Grocery Company. (Miller, A) (Entered: 02/28/2007)
32 JUDGMENT/CONSENT DECREE . Signed by Judge Caroline Craven on 3/1/07. (mpv, ) (Entered: 03/01/2007)

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[CONTENT] May 2006 | EEOC | Dallas | Texas | the Brookshire Grocery Company | the U.S. District Court | the Eastern District | Texas ||| Hepatitis C | Title I of the American with Disabilities Act of 1990 | ADA |||  ||| EEOC ||| March 2007 ||| 50,000 |||  ||| two years ||| 2009 [SUMMARY] In May 2006, the EEOC district office in Dallas, Texas brought this suit against the Brookshire Grocery Company, a general food store, in the U.S. District Court for the Eastern District of Texas.  The complaint was brought on behalf of a woman who had Hepatitis C and alleged that the defendant violated Title I of the American with Disabilities Act of 1990 (ADA) when it subjected the complainant, a deli worker, to an unlawful medical exam/inquiry, demoted her, then constructively discharged her because of her disability.  

The charging party intervened, and all parties agreed to proceed in front of a magistrate.  The EEOC fought for and was awarded a protective order allowing the suit to be brought without identifying the complainant's real name.

  

In March 2007, the case was settled. In a consent decree, the parties agreed that the defendant would refrain from discriminating on the basis of disability, revise its "Sick Partners" policy, issue a neutral reference letter, expunge the complainant's employee files, pay the complainant $50,000, ensure that it was correct if it terminated anyone for having a communicable disease, post EEO notices, provide EEO training to all its employees, and submit a compliance reports.  No fees or costs were awarded.  The terms of the decree run for two years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

