Case 1:03-cv-00690-SS Document 1 Filed 09/29/2003 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

FIt ED
I I ['. ! -.: 'j ! ~ , r, ~J
2203 Sf 29 Mi II: 09

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

WILLIAMSON COUNTY CABLEVISION §

COMPANY,

§

§

Defendant.

§

------------------------------§

rA CiVr#An~tnlfn ~o. ______
COMPLAINT AND JURY TRIAL DEMAND

NATURE OF ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of

the Civil Rights Act of 1991, to correct unlawful employment practices on the bases of national

origin, Hispanic, and retaliation, and to provide appropriate relief to Charging Party, Juan Espinoza,

who was adversely affected by such practices. The Commission alleges that Defendant Williamson

County Cablevision Company engaged in discriminatory employment practices in that Juan Espinoza

was disparately discharged based on his national origin, Hispanic, in violation of Section 703 of Title

VII, 42 U.S.C. § 2000e- (a), The Commission also alleges that Defendant Williamson County

Cablevision Company retaliated against Juan Espinoza, in violation of Section 704(a) of Title VII,

42 § U.S.c. 2000 e-3(a), for assisting in the investigation of a discrimination complaint.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, l331, l337, 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)(1) and (3) ("Title VII") and

I

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Section 102 of the Civil Rights Act of 1991, 42 US.C. § 1981a. 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 VIT, and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VIT, 42 US.C. § 2000e-5(f)(I) 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 VIT, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Juan Espinoza ("Espinoza") filed a charge with the Commission alleging violations of Title VIT by Defendant WCCC. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since November, 2001, Defendant WCCC engaged in the unlawful employment practices at its Georgetown, Texas facility and surrounding work sites, in violation of Section 703 of Title VIT, 42 US.c. § 2000e- (a), by discharging him for an alleged work violation that was

Plaintiffs Original Complaint

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minor, whereas a similarly situated White, Anglo, employee who committed more serious work violations was not disciplined at all or not seriously disciplined, much less targeted for termination.
Defendant WCCC also retaliated against Espinoza in vi0lation of Section 704(a) ofTitie VII, 42 U.S.C. § 2000e-3(a), for assisting in the investigation of a discrimination complaint.
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 retaliation.
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 active concert or participation with it, from disparately discharging and/or retaliating against employees who oppose or complain about unlawful discrimination; B. Order Defendant WCCC to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who oppose or complain about discrimination, and which eradicate the effects ofWCCC'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

Plaintiff's Original Complaint

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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 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 JAMESL.LEE Deputy General Counsel

Plaintiffs Original Complaint

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Case 1:03-cv-00690-SS Document 1 Filed 09/29/2003 Page 5 of 5
GWENDOLYN YOUNG REAMS Associate General Counsel
~~~
ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 0760873
pervisory Trial ttorney exas State Bar No. 19708300
b EDWARD JUAREZ
Trial Attorney Texas State Bar No. 24014498
EQUAL EMPLOYMENT OPPORTUNITY 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

Plaintiff's Original Complaint

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 Case 1:03-cv-00690-SS Document 3 Filed 10/17/2003 Page 1 of 6

F!l.ED IN THE UNITED STATES DISTRICT COBRT,,) "~I it:.!r'\}.,l FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION 2[D3 DC I 7 AH II: 07

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

§ § § § §
§ Civil Action No. A·03·CA·690·SS
§ § § § §

CONSENT DECREE

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

Opportunity Commission ("EEOC") and Defendant Williamson County Cablevision Company
("weec"). This Consent Decree resolves all issues, controversies, claims and/or causes of action

asserted by and/or on behalf of Juan Espinoza in the above-referenced Civil Action No. The EEOC
initiated this lawsuit under Title vn of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e,

et seq. ("Title VIT'), 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 retaliation and to provide appropriate relief to Juan 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 weee 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-00690-SS Document 3 Filed 10/17/2003 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 behalfofJuan Espinoza, which, ifproved, would authorize this Court to grant relief to Juan Espinoza pursuant to Title VII. 2. This Consent Decree resolves all issues and/or causes of action asserted by and/or on behalf of Juan 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 Ci viI Action, and those claims raised in Juan Espinoza's charge of discrimination, Charge Number 360 A2 01495. 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 of this 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 this 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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4. If the EEOC believes that WCCC has violated any provision of this Consent Decree during the term hereof, it shall notify WCCC' 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 ofthe 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. WCCC 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 WCCC and seek appropriate relief pursuant to Title VII.
5. Within seven (7) days of the of entry of this Decree, or the delivery of the limited release executed by Juan Espinoza, whichever is later, WCCC, in settlement of this dispute, shall pay the sum of $1,000.00 (ONE THOUSAND DOLLARS AND 00/100 DOLLARS) to Juan Espinoza. Said settlement amount shall be mailed directly to Juan Espinoza, 2207 San Jose Street, 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 Juan Espinoza, to prospective employers shall make no mention of the filing of this Complaint or the charge filed by Juan Espinoza. This provision shall survive the expiration of the Decree. The provisions of this paragraph 6 shall only apply in the event WCCC is contacted

Consent Decree

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Case 1:03-cv-00690-SS Document 3 Filed 10/17/2003 Page 4 of 6
by any person or entity for an employment reference regarding Juan 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 Juan 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. wcce, 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, including but not limited to discharging an employee on the basis of his
national origin in violation of Title VII. weee is also enjoined from engaging in retaliation in any
manner against any past, present or future employees for opposing any employment practice made unlawful by Title VII, or for filing a discrimination charge, giving testimony or assistance, or participating in any manner in any investigation, proceeding, hearing or action involving a Title VII employment complaint.
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 and/or retaliation.
10. WCCC, its agents, officers, employees, servants, successors, and assigns, shall retain
its practice of maintaining EEOC poster at weec' s Georgetown, Texas, facility in an area where

Consent Decree

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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.
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 j£*day of _-.&e:a....;.'t_'7A_/;_,,_"'I_' _,2003.

Consent Decree

SAMSPARKS
UNITED STATES DISTRICT JUDGE
Respectfully submitted, ERIC S. DREffiAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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J~
Attorney at Law Texas State Bar No. 24006722
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 WCCC

~ ~/
EDWARD JUAREZ Trial Attorney Texas State Bar No. 24014498
EQUALE~LOYMENTOPPORTUNITY
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

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Consent Decree

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?505905893045882-L_9...

U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:03-cv-00690-SS

CLOSED

Equal Employment Opp v. Williamson County Ca Assigned to: Honorable Sam Sparks 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

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

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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 09/29/2003 10/01/2003 10/14/2003
10/17/2003
10/17/2003

#

Docket Text

Case assigned to Honorable Sam Sparks (fe) (Entered: 09/29/2003) 1 Complaint filed. (Pages: 5) (fe) (Entered: 09/29/2003) 1 Demand for jury trial by Equal Employment Opp (tdk) (Entered: 10/01/2003)
Court file prepared and forwarded to Judge Sparks (tdk) (Entered: 10/01/2003) 2 Joint motion by Equal Employment Opp, Williamson County Ca to enter consent
decree (td) (Entered: 10/15/2003) 3 Order granting joint motion to enter consent decree [2-1] signed by Honorable
Sam Sparks (tdk) (Entered: 10/20/2003) Case closed (tdk) (Entered: 10/20/2003)

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