Case 1:03-cv-00687-LY Document 1 Filed 09/29/2003 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

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Plaintiff,

A03 CA 687 §

§ Civil Action No.

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v.

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§ COMPLAINT AND

WILLIAMSON COUNTY CABLEVISION § JURY TRIAL DEMAND

COMPANY,

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Defendant.

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NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title Iof the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of national origin, Hispanic, and to provide appropriate relief to Charging Party, Jorge Espinoza, who was adversely affected by such practices. The Commission alleges that Defendant Williamson County Cablevision Company engaged in discriminatory employment practices in that Jorge Espinoza was disparately discharged based on his national origin, Hispanic, in violation of Section 703(a) of Title VII, 42 U.S.c. § 2000e- (a).
JURISDICTION AND VENUE l. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337, l343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.

Case 1:03-cv-00687-LY Document 1 Filed 09/29/2003 Page 2 of 5

2. The employment practices alleged to be unlawful were and now are being committed

within the jurisdiction of the United States District Court for the Western District of Texas, Austin

Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

the agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)( 1) and

(3) of Title VII, 42 U.S.c. § 2000e-S(f)(!) and (3).

4. At all relevant times, Defendant Williamson county Cablevision Company,

("WCCC"), has continuously been a Texas corporation doing business in the State of Texas and the

City of Georgetown, and has continuously had at least 15 employees.

5. At all relevant times, Defendant WCCC has continuously been an employer engaged

in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII,

42 U.S.e. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Jorge Espinoza

("Espinoza") filed a charge with the Commission alleging violations of Title VII by Defendant

WCCe. All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since November, 2001, Defendant WCCC has engaged in unlawful employment

practices at its Georgetown, Texas, facility and surrounding works sites, in violation of Section

703(a) of Title VII, 42 U.S.C. § 2000e- (a), by discharging him for a mere arrest, whereas similarly

situated White, Anglo employees, who were convicted of a crime and/or were on probation, were

not targeted for termination.
Plaintiff's Original Complaint

Page 2

Case 1:03-cv-00687-LY Document 1 Filed 09/29/2003 Page 3 of 5

8. The effect of the practices complained of in paragraph seven above has been to

deprive Espinoza of equal employment opportunities and otherwise adversely affect his status as an

employee because of his, national origin, Hispanic.

9. The unlawful employment practices complained of in paragraph seven above were

and are intentional.

10. The unlawful employment practices complained of in paragraph seven above were

and are done with malice or with reckless indifference to the federally protected rights of Espinoza.

PRA YER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant WCCC, its officers, successors,

assigns, and all persons in acti ve concert or participation with it, from engaging in any employment

practice which discriminates on the basis of national Origin, Hispanic, or which facilitates, condones,

or encourages national origin-based harassment;

B. Order Defendant WCCC to institute and carry out policies, practices, and programs

which provide equal employment opportunities for Hispanics, and which eradicate the effects of

WCCC's past and present unlawful employment practices;

C. Order Defendant WCCC to make whole Espinoza, by providing appropriate back pay

with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary

to eradicate the effects of its unlawful employment practices, including but not limited to

reinstatement, or front pay in lieu thereof, for Espinoza;

D. Order Defendant WCCC to make whole Espinoza, by providing compensation for

past and future pecuniary losses resulting from the unlawful employment practices described in

paragraph seven above, including but not limited to relocation expenses, job search expenses, and

Plaintiffs Original Complaint

Page 3

Case 1:03-cv-00687-LY Document 1 Filed 09/29/2003 Page 4 of 5

medical expenses, in amounts to be determined at trial; E. Order Defendant WCCC to make whole Espinoza, by providing compensation for
past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment, emotional distress, anxiety and humiliation, in amounts to be determined at trial;
F. Order Defendant WCCC to pay Espinoza punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action . .JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOL YN YOUNG REAMS Associate General Counsel

Plaintiff's Original Complaint

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ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 0760873
Page 4

Case 1:03-cv-00687-LY Document 1 Filed 09/29/2003 Page 5 of 5
ervisory Trial torney xas State Bar No. 19708300
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Trial Attorney Texas State Bar No. 24014498
EQUALENWLOYMENTOPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669 ATTORNEYS FOR PLAINTIFF

Plaintiffs Original Complaint

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WILLIAMSON COUNTY CABLEVISION COMPANY,
Defendant.

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§ Civil Action No. A·03·CA·687·LY
§ § § § §

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff United States Equal Employment

Opportunity Commission ("EEOC") and Defendant Williamson County Cablevision Company

("WCCC"). This Consent Decree resolves all issues, controversies, claims and/or causes of action

asserted by and/or on behalf of Jorge Espinoza in the above-referenced Civil Action No. The EEOC

initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e,

et seq. ("Title Vil"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The EEOC's

Complaint was filed to correct alleged unlawful employment practices on the basis of national origin

and to provide appropriate relief to Jorge Espinoza, who was allegedly adversely affected by such

practices.

The EEOC and WCCC wish to settle this action without the necessity of further litigation,

pursuant to the terms delineated in this Consent Decree. By entering into this Consent Decree,

WCCC expressly denies the validity of any claim and/or cause of action asserted in the Complaint,

and WCCC enters into this Consent Decree for the sole purpose of avoiding the expenses associated

with this litigation. WCCC further asserts that by entering into this Consent Decree it makes no

- Case 1:03-cv-00687-LY Document 3 Filed 10/15/2003 Page 2 of 6

admission of liability or wrongdoing and makes no admission that its alleged conduct was improper, discriminatory or illegal in any respect.
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of the action and the parties, venue is proper. The Complaint states claims on behalf of Jorge Espinoza, which, if proved, would authorize this Court to grant relief to Jorge Espinoza pursuant to Title VII. 2. This Consent Decree resolves all issues and/or causes of action asserted by and/or on behalf of Jorge Espinoza, as alleged in the EEOC's Complaint. The EEOC waives further litigation of these issues, causes of action and/or claims as alleged in this Civil Action, and those claims raised in Jorge Espinoza's charge of discrimination, Charge Number 360-A2-01494. The 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 WCCC. 3. The duration of this Consent Decree shall be from the date of entry of this Decree until June 17, 2004 (the "term"). This Court shall retain jurisdiction ofthis action during the term of this Consent Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any established and substantive violation of the Consent Decree by WCCC, or its agents or assigns shall toll the running of the term as of the date of the violation. If the Court subsequently determines this Consent Decree was violated, the term shall recommence and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find this Consent Decree was not violated, the term shall recommence, retroactive to the date of the filing of the pleading alleging that a violation had occurred.

Consent Decree

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Case 1:03-cv-00687-LY Document 3 Filed 10/15/2003 Page 3 of 6

4. If the EEOC believes that weee has violated any provision of this Consent Decree during the term hereof, it shall notify weec' s legal counsel in writing of the alleged violation (the
"Violation Notification"). The Violation Notification must be delivered to WCCC's legal counsel James M. Gary, Akin, Gump, Strauss, Hauer & Feld, L.L.P., 300 West 6th Street, Suite 2100, Austin, Texas 78701, within 30 days after the EEOC becomes aware of a potential violation of the Consent Decree. The Violation Notification shall state the paragraph(s) and provision(s) of this Consent Decree alleged to have been violated and a statement of the facts and circumstances relied upon as
the basis for the EEOC's claim of violation. weee will have 60 days from receipt of the Violation
Notification to respond to the EEOC in writing regarding the alleged violation. If the parties cannot reach an agreement regarding the alleged violation, the EEOC may apply to the Court for
enforcement of the provision(s) of this Consent Decree alleged to have been violated by wcec and
seek appropriate relief pursuant to Title VIT. 5. Within seven (7) days of the of entry of this Decree, or the delivery of the limited
release executed by Jorge Espinoza, whichever is later, wece, in settlement of this dispute, shall
pay the sum of $1,000.00 (ONE THOUSAND DOLLARS AND 00/100 DOLLARS) to Jorge Espinoza. Said settlement amount shall be mailed directly to Jorge Espinoza, 805 Quail Valley Dr., Apt. 7101, Georgetown, Texas 78626. A copy of the settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Judith G. Taylor, Supervisory Trial Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
6. WCCC, its agents, officers, employees, and servants, in furnishing oral or written references concerning Jorge Espinoza, to prospecti ve employers shall make no mention of the filing of this Complaint or the charge filed by Jorge Espinoza. This provision shall survive the expiration
of the Decree. The provisions of this paragraph 6 shall only apply in the event weec is contacted

Consent Decree

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by any person or entity for an employment reference regarding Jorge Espinoza and such request for an employment reference is directed to Director of Human Resources, Williamson County Cablevision Company, 3015 Loop 232 SE, Tyler, Texas 75701.
7. Defendant WCCC shall remove from the personnel file of Jorge Espinoza all negative information contained therein concerning or pertaining to his employment with WCCC, including all reprimands, disciplinary recommendations and/or actions, and maintain these records in a separate and sealed file. Said information shall not, without court order, be made available or provided to any person or entity not directly affiliated with WCCC. This provision shall survive the expiration of the Decree.
8. WCCC, its agents, officers, employees, servants, successors, and assigns, are enjoined, during the term of this Consent Decree, from discriminating against any employee on the basis of national origin, in violation of Title VII.
9. WCCC, its agents, officers, employees, servants, successors, and assigns, shall provide its employees with a place of employment free of discrimination in violation of Title VII on the basis of national origin.
10. WCCC, its agents, officers, employees, servants, successors, and assigns, shall retain its practice of maintaining EEOC poster at WCCC' s Georgetown, Texas, facility in an area where employees are likely to congregate. The poster shall remain posted for the duration of this Consent Decree.
11. The EEOC and WCCC shall have the right to ensure compliance with the terms of this Consent Decree.
12. The terms of this Consent Decree shall be binding upon the EEOC, and WCCC and their agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.

Consent Decree

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Case 1:03-cv-00687-LY Document 3 Filed 10/15/2003 Page 5 of 6
13. The parties to this Consent Decree shall bear their own costs and attorney's fees incurred in this action. The parties agree that, pursuant to Section 706(k) of Title VII, 42 U.S.C. section 2000e-5(k), there is no "prevailing party" in this action or proceeding.
The Clerk shall furnish a copy hereof to each attorney of record. SO ORDERED.
Signed thiS~ay of ~~ ,2003.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES 1. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

Consent Decree

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AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
300 West 6th Street, Suite 2100 Austin, Texas 78701 Telephone: (512) 499-6297 Telecopier: (512) 499-6290
ATTORNEY FOR DEFENDANT
FOR weee

~ EDWARD JUAREZ
Trial Attorney Texas State Bar No. 24014498
EQUALEMWLOYMENTOPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Consent Decree

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 ,- Case 1:03-cv-00687-LY Document 4 Filed 10/15/2003 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FILED FOR THE WESTERN DISTRICT OF TEXAS c, '1-J ",! V I t:, In "J

AUSTIN DIVISION

Z003 DC 15 AM 9: 59

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
WILLIAMSON COUNTY CABLEVISION COMPANY,
Defendant.

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§ Civil Action No. A~03·CA·687·LY

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FINAL JUDGMENT ORDER ENTERING CONSENT DECREE
On this day came on to be heard the parties' Joint Motion to Enter Consent Decree. After
reviewing the Consent Decree, the Court finds that all issues in the Complaint have been disposed
of, that the parties are in agreement, and that the Consent Decree should be entered.
It is therefore ordered that the Consent Decree is hereby entered. The Court shall retain
{,kl"~::'hCd4 jurisdiction to enforce the terms and conditions as set forth in the Consent Decree,
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t8 tAc pa;tiCi' JgiR:t J.4eti6ft to Enter COli:5cat DecIec.'
Signed this~day of tflr:::s!Je"/ ,2003.

 
 CM/ECF LIVE - U.S. District Court:txwd - Docket Report

Page 1 of 2

U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:03-cv-00687-LY

CLOSED

Equal Employment Opp v. Williamson County Ca Assigned to: Judge Lee Yeakel Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?398203587526727-L_923_0-1

5/22/2007

CM/ECF LIVE - U.S. District Court:txwd - Docket Report

Page 2 of 2

V.
Defendant
Williamson County Cablevision Company

represented by James Matthew Gary Kutak Rock LLP 124 West Capitol Avenue Suite 2000 LIttle Rock, AR 72201 (501)975-3000 Fax: (501)975-3000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 09/29/2003 10/01/2003 10/14/2003
10/15/2003 10/15/2003
10/15/2003

#

Docket Text

Case assigned to Judge Lee Yeakel (fe) (Entered: 09/29/2003)

1 Complaint filed. (Pages: 5)) (fe) (Entered: 09/29/2003)

Court file forwarded to Judge Yeakel (td) (Entered: 10/01/2003)

2 Joint motion by Equal Employment Opp, Williamson County Ca to enter consent decree (td) (Entered: 10/14/2003)

3 Consent Decree signed by Judge Lee Yeakel (td) (Entered: 10/16/2003)

4 Final Judgment Order Entering Consent Decree signed by Judge Lee Yeakel (Pages: 1) (td) (Entered: 10/16/2003)

Case closed (td) (Entered: 10/16/2003)

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https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?398203587526727-L_923_0-1

5/22/2007