IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

Uniterl States 0
Soutn arn 0 tstrict FliED
• APR '? 3 1999

EQUAL EMPLOYMENT OPPORTUNITY

§

Michael N. Milby, crarrc

COMMISSION,

§

Plaintiff,

§

§

v.

§
§

- Ci .

- •

VALLEY MEDICAL ARTS CLINIC, P.A.,

§ COMPLAINT

Defendant.

§ JURY TRIAL DEMAND

NATURE OF ACTION This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of gender, female, and to provide appropriate reliefto Jessica Escobedo-Garcia who was adversely affected by such practices. Jessica Escobedo-Garcia was subjected to unlawful discrimination when she was terminated from her job with Defendant, Valley Medical Arts Clinic, P.A. (hereinafter "Medical Arts Clinic") because of her pregnancy.
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 Sections 706(£)(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.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Corpus Christi Division.

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PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (hereinafter "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)(l) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(l) and (3).

4.

At all relevant times, Defendant, Medical Arts Clinic, a professional association

registered to do business in the State of Texas, has continuously been doing business in the State of

Texas in the city of Aransas Pass, Texas and has continuously had at least fifteen employees.

5. At all relevant times, the Defendant, Medical Arts Clinic has continuously been an

employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g), and

(h) of Title VII, 42 U.S.C. §§2000e-(b), (g), and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Jessica Escobedo-Garcia

filed a charge with the Commission alleging violations of Title VII by Defendant, Medical Arts

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

7.

Since at least on or about May 13, 1997, the Defendant, Medical Arts Clinic has

engaged in unlawful employment practices at its Aransas Pass facility located at 1731 West Wheeler,

Aransas Pass, Texas, in violation of Sections 701(k) and 703(a)(l) of Title VII, 42 U.S.C. §§

2000e(k) and 2000e-2(a). The unlawful practices were to subject Jessica Escobedo-Garcia to

discrimination in discipline and termination based on gender, female, and her pregnant condition.

Jessica Escobedo-Garcia was discriminated against because of her gender, female ("pregnancy"),

when Defendant Medical Arts Clinic issued three written warnings against her for alleged violations

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of company policy after Defendant found out that Garcia was pregnant again and she began missing time from work due to her pregnancy. Other similarly situated employees were not disciplined for the same type of conduct. Garcia had not received any written warnings in the preceding 18 months of employment with Defendant, and these three written warnings were issued in a 10-day period. Defendant wrongfully terminated Garcia because she was pregnant, and the reasons given by Defendant for her termination are pretextual.

8.

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

deprive Jessica Escobedo-Garcia of equal employment opportunities and to otherwise adversely

affect her status as an employee, because of her gender, female (pregnancy).

9.

The unlawful employment practices complained of in paragraph seven were and are

intentional.

10. The unlawful employment practices complained of in paragraph seven above were and are being done with malice or reckless indifference to the federally protected rights of Jessica Escobedo-Garcia .

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Medical Arts Clinic, 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 gender, including discrimination based on a woman's pregnancy;

B. Order the Defendant, Medical Arts Clinic, to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, including

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women who are pregnant, and which eradicate the effects of its past and present unlawful employment practices;
C. Order the Defendant, Medical Arts Clinic, to make whole Jessica Escobedo-Garcia, 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 the re-instatement of Jessica Escobedo-Garcia as a medical assistant or similar position;
D. Order the Defendant, Medical Arts Clinic, to make whole Jessica Escobedo-Garcia, 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, medical expenses and job search expenses, in amounts to be determined at trial;
E. Order the Defendant, Medical Arts Clinic, to make whole Jessica Escobedo-Garcia, 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, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
F. Order the Defendant, Medical Arts Clinic, to pay Jessica Escobedo-Garcia 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 in this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney State Bar No. 076083 (Distri of Columbia)
SUSAN B. BIGGS ( Supervisory Trial Attorney
Texas State Bar No. 02312500
R. CHRIS PITTARD Trial Attorney Texas State Bar No. 00794465 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 (210) 281-7636 (210) 281-7669 (Fax) ATTORNEYS FOR PLAINTIFF
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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

United States District Court
SouthamENDTisEtRriEctDof Texas
JAN 2 0 2000

CORPUS CHRISTI DIVISION

MIchael l'I. MDbV. ernof. .

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

Plaintiff,

§

§

v.

§

Civil Action No. C-99-147

§

MEDICAL ARTS CLINIC, P.A.,

§

Defendant.

§

CONSENT DECREE

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

Opportunity Commission ("EEOC"), and Defendant, Medical Arts, P.A. ("Medical Arts"). This

Consent Decree resolves the allegations raised by the EEOC in the above-referenced Civil Action

No. C-99-147. The EEOC initiated this lawsuit under Title VII ofthe Civil Rights Act of 1964, as

amended, and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment

practices on the basis of gender, and to provide appropriate reliefto Jessica Escobedo-Garcia, who

the EEOC maintains was adversely affected by these alleged practices. The Commission alleges

that Medical Arts subjected Jessica Escobedo-Garcia ("Garcia") to disparate treatment based on

Garcia's gender, female and her pregnancy or conditions that resulted from her pregnancy, in that

Medical Arts terminated Garcia because of her pregnancy or conditions that resulted from her

pregnancy. Medical Arts denies the allegations brought by the EEOC as alleged in the Complaint

filed in this Civil Action, and maintains that Garcia's treatment and termination were the result of

legitimate, business related circumstances and further maintains that by entering into the Consent

Decree, it is not admitting to any violation of Garcia's rights or any viplation of law.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction ofthe subject matter ofthis action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing ofthis action have been met. The parties stipulate to the Court's jurisdiction.
2. This Decree is entered in full and complete settlement of all claims contained in this lawsuit. EEOC expressly reserves its right to process and litigate any other charges which may now be pending or may in the future be filed against Defendant Medical Arts.
3. The duration of this 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 Decree and may enter further orders or modifications as may be appropriate.
4. Defendant Medical Arts is enjoined from engaging in discriminatory treatment ofits employees based on their gender or pregnant condition, or any other impermissible reason, including discharging any employee because of her gender or pregnant condition.
5. Defendant Medical Arts is enjoined from retaliating in any manner whatsoever, against Jessica Escobedo-Garcia, 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 under Title VII.
6. Within 180 days ofthe date ofentry ofthis Decree, Medical Arts shall provide EEO training to Medical Arts supervisory/managerial employees. The training may take place in separate programs and each supervisory/managerial employee will participate in the training for a total of 4 hours. The training shall: (a) explain that gender and pregnancy and other Title VII protected-status discrimination is unlawful; (b) instruct what conduct may constitute discriminatory conduct; and (c) explain the damaging effects of discrimination to victims, their families, their co-workers, and the
2
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workplace environment. The training will be conducted by Thomas E. Baker, Jr., who will send a copy of the training presentation outline to the EEOC at least 10 days before the training session occurs. The Commission shall have the right to approve the training. Within 20 days after the EEO training has been completed, Medical Arts shall provide to the EEOC a written report identifying each individual who attended this training and the date(s).
7. Defendant Medical Arts agrees to post a notice, for at least the duration of this Decree, of its intent to comply with Title VII. This notice is set forth in Exhibit "A," which is attached to this Decree. Medical Arts agrees to post a copy of Exhibit "A" in a conspicuous place at Medical Arts facilities in Aransas Pass, Texas, and Portland, Texas, within ten days after this Decree is filed.
8. Defendant Medical Arts agrees to provide a neutral reference for Jessica EscobedoGarcia to anyone inquiring as to Jessica Escobedo-Garcia's work history with Defendant Medical Arts, including prospective employers who may request such a reference over the phone. This neutral reference will include dates of employment, salary, job title and job description. Defendant Medical Arts also agrees not to disclose the filing of this Complaint or the underlying charge filed by Jessica Escobedo-Garcia to any prospective employers who may inquire to Medical Arts, P.A. about Garcia's work history with Defendant Medical Arts. Medical Arts also agrees to provide a positive reference letter for Jessica Escobedo-Garcia as an attachment to this Decree. This provision shall survive the expiration of the Decree.
9. Defendant Medical Arts, in settlement ofthis dispute, shall pay to Jessica EscobedoGarcia I the amount of$7,000.00 (SEVEN THOUSAND AND 0011 00 DOLLARS). Payment shall be made by Medical Arts agent within thirty(30) days ofthe date this Decree is entered by the Court.
3

Payment shall be by check made payable to Jessica Escobedo-Garcia at P.O. Box 31, Gregory, Texas 78359. A copy of the settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
10. The terms of this Decree shall be binding upon the EEOC and Defendant Medical Arts and its agents or assigns, as to the issues resolved herein.
11. The parties to this Decree shall bear their own costs and attorney's fees incurred in this action. The parties agree that pursuant to Section 706(k) ofTitle VII, 42 U.S.C. §2000e-5(k), there is no "prevailing party" in this action or proceeding.
SO ORDERED.
Signed this Jit.y ot:f=-, 2000,
Respectfully Submitted, C. GREGORY STEWART General Counsel Designate GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney D.C. State Bar No. 076083
4

':~a~?,
TH MAS E. BAKER, JR. Texas State Bar No. 01595525 Federall.D. No. 11428 Attorney-in-Charge
LAW OFFICE OF THOMAS E. BAKER, JR.
P.O. Box 2832 Corpus Christi, Texas 78403 Telephone: (361) 888-4737 Telecopier: (361) 888-6521
ATTORNEY FOR DEFENDANT

."

j \

'

U~ NDAGUT~Z
Supervisory Trial Attorney
Texas State Bar No. 08642750
Southern District No. 14464

A rney-in-Charge Texas State Bar No. 00794465 Southern District No. 23449
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7636 Telecopier: (210) 281-7669
ATTORNEYS FORPLAThITIFF

5

NOTICE TO ALL EMPLOYEES MEDICAL ARTS, P.A. IS FIRMLY COMMITTED TO TREATING EMPLOYEES AND APPLICANTS FOR EMPLOYMENT ACCORDING TO MERIT WITHOUT REGARD TO THEIR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, PREGNANCY, DISABILITY, AGE OR THEIRHAVING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, INCLUDING RECRUITMENT, RETENTION, PROMOTION, TRANSFER, LAYOFF AND/OR TERMINATION, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. MEDICAL ARTS, P.A., WILL SPECIFICALLY NOT TOLERATE DISCRIMINATION OF ITS EMPLOYEES BASED ON RACE, COLOR, SEX, PREGNANCY, RELIGION, NATIONAL ORIGIN, AGE OR DISABILITY. IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, PREGNANT CONDITION, AGE OR DISABILITY; OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, PREGNANT CONDITION, AGE OR DISABILITY; OR BECAUSE OF HAVING ENGAGED IN TITLE VII- PROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG RD, SUITE 200, SAN ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000. NO RETALIATORY ACTIONMAYBETAKENAGAINSTYOUFORSEEKINGASSISTANCE,FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. 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; THE EQUAL PAY ACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES IN THE FEDERAL SECTOR; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991 ,AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.
EXHIBIT" A"
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CLOSED, MEDIATION
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:99-cv-00147

Equal Employment Opp v. Valley Medical Arts Assigned to: Judge Janis Graham Jack Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff Equal Employment Opp

Date Filed: 04/23/1999 Date Terminated: 01/19/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Robert Christan Pittard 5710 IH-10 W San Antonio, TX 78201 210-734-3599 Fax: 210-734-2730 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B Harwin EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-229-4830 ATTORNEY TO BE NOTICED

Susan B Biggs Office of the US Attorney 601 NW Loop 410 Ste 600 San Antonio, TX 78216 210-384-7255 Fax: 210-384-7247 ATTORNEY TO BE NOTICED

V. Defendant Valley Medical Arts Clinic, PA

represented by Thomas E Baker, Jr Attorney at Law PO Box 2747 Corpus Christi, TX 78403 361-879-0300 Fax: 361-879-0303 fax Email: tbaker@mrbpc.com

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Interested Party James A Mobley
Interested Party Delbert Edwardson
Interested Party Jessica Escobedo-Garcia

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gene R Ward Hornblower Manning et al PO Box 2728 Corpus Christi, TX 78403-2728 361-888-8041 Fax: 361-888-8222 Email: grw@hmwpc.com
Lynette Maniss Frederick Hornblower Manning et al P O Box 2728 Corpus Christi, TX 78403-2728 361-888-8041 Fax: 361-888-8222 fax ATTORNEY TO BE NOTICED

Date Filed 04/23/1999 04/23/1999
05/05/1999 05/05/1999 05/07/1999
05/13/1999

#

Docket Text

1 COMPLAINT filed; (no fee-USA Pltff) (mserpa) (Entered: 04/26/1999)
2 ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES set initial pretrial and scheduling conference for 1:15 5/18/99 before Judge Janis Graham Jack , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (mserpa) (Entered: 04/26/1999)
3 AMENDED COMPLAINT by Equal Employment Opp , amending [1-1] complaint , filed. (fmremp) (Entered: 05/07/1999)
3 DEMAND for jury trial by Equal Employment Opp , filed (fmremp) (Entered: 05/07/1999)
4 NOTICE of Hearing: reset scheduling conference for 1:15 7/19/99 before Judge Janis Graham Jack before Judge Janis Graham Jack , filed. (fmremp) (Entered: 05/10/1999)
5 Certificate of Plaintiff Regarding Financial Interest by Equal Employment Opp , filed (drodrigues) (Entered: 05/18/1999)

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05/18/1999 05/24/1999 07/14/1999 07/16/1999 07/16/1999 07/19/1999
07/19/1999 07/19/1999
07/19/1999
07/19/1999 07/26/1999 07/26/1999 12/05/1999 12/15/1999

6 ORDER striking [5-1] notice , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 05/19/1999)
7 CERTIFICATE OF PLAINTIFF REGARDING FINANCIAL INTEREST by Equal Employment Opp filed. (drodrigues) (Entered: 05/28/1999)
8 CERTIFICATE OF PLAINTIFF REGARDING FINANCIAL INTEREST by Equal Employment Opp filed. (drodrigues) (Entered: 07/14/1999)
9 JOINT MOTION for rescheduling of initial pretrial and scheduling conference by Equal Employment Opp, Valley Medical Arts , filed (drodrigues) (Entered: 07/16/1999)
10 ORDER striking [8-1] interested party certificate , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/20/1999)
11 Initial Pretrial Conference before Judge Janis Graham Jack held before Judge Janis Graham Jack Ct Reporter: Velma Gano Tape Number: 1. Case called. Appearances made. Discussion of discovery issues. Court orders parties to mediation. Court orders parties to pre-mark and exchange trial exhibits prior to filing of JPTO. Discussion of case matter. Court signs scheduling order. Adjourn. (drodrigues) (Entered: 07/20/1999)
12 ORDER FOR REFERRAL TO MEDIATION, entered. Parties ntfd. Copy to ADR deputy, Houston. mediation deadline is 1/13/00 ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/20/1999)
13 ORDER, entered; Parties notified. ( signed by Judge Janis Graham Jack). Parties to premark and exchange exhibits they intend to use during trial no later than original date set for filing the Joint Pretrial Order. (drodrigues) (Entered: 07/20/1999)
14 SCHEDULING ORDER setting Trial date 8:00 3/2/00 Docket call deadline 8:30 3/1/00 ; Pretrial order to be submitted on or before 3:00 2/18/00 ; Deadline for filing all dispositive motions 12/15/99 ; Joining of parties 6/30/99 ; Amending of pleadings 9/30/99 ; Discovery cutoff 12/30/99 ; before Judge Janis Graham Jack , entered. Parties notified. ( Signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/20/1999)
15 ORDER denying [9-1] joint motion for rescheduling of initial pretrial and scheduling conference , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 07/21/1999)
16 ORIGINAL ANSWER to Complaint by Valley Medical Arts (Added attorney Gene R Ward), filed. (drodrigues) (Entered: 07/27/1999)
17 CERTIFICATE OF PARTIES FINANCIALLY INTERESTED IN THE OUTCOME OF LITIGATION by Valley Medical Arts , filed. (drodrigues) (Entered: 07/27/1999)
18 GENERAL ORDER , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 12/08/1999)
19 MOTION for summary judgment by Valley Medical Arts Thomas E Baker Jr for defendant Valley Medical Arts, Motion Docket Date 1/4/00 [19-1] motion , filed.

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12/20/1999 12/27/1999 12/27/1999 01/12/2000 01/19/2000
01/19/2000 01/19/2000

(drodrigues) (Entered: 12/16/1999)
20 ORDER striking [19-1] motion for summary judgment , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 12/21/1999)
21 Notice of change of address of attorney, Thomas E. Baker, Jr. , filed. (drodrigues) (Entered: 12/27/1999)
22 DESIGNATION by Valley Medical Arts designating Thomas E. Baker, Jr. as attorney in charge, filed. (drodrigues) (Entered: 12/28/1999)
23 JOINT MOTION to enter consent decree by Equal Employment Opp, Valley Medical Arts , filed (drodrigues) (Entered: 01/12/2000)
24 ORDER granting [23-1] joint motion to enter consent decree , entered; Parties notified. ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 01/20/2000)
25 CONSENT DECREE , entered; Parties notified ( signed by Judge Janis Graham Jack ) (drodrigues) (Entered: 01/20/2000)
Case closed (drodrigues) (Entered: 03/03/2000)

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IN THE UNITED STATES DISTRICT COURT , .•w• ... '.'·:~r:, c(wrt

FOR THE SOUTHERN DISTRICT OF TEXAS "u<iH.. , ,·_. i_::1_,"i Te'·"

CORPUS CHRISTI DIVISION

r ..J::o

MAY 5- 1999

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

N. Milby, Clerk

Plaintiff,

§

§

v.

§

Civil Action No. C-99-147

§

MEDICAL ARTS CLINIC, P.A.,

§

AMENDED COMPLAINT

Defendant.

§

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 basis of gender, female, and to provide appropriate relief to Jessica Escobedo-Garcia who was adversely affected by such practices. Jessica Escobedo-Garcia was subjected to unlawful discrimination when she was terminated from her job with Defendant, Medical Arts Clinic, P.A. (hereinafter "Medical Arts Clinic") because ofher pregnancy.
JURISDICTION AND VENUE
1. JurisdictionofthisCourtisinvokedpursuantto28U.S.C. §§451, 1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(l) 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 ofthe Civil Rights Act of 1991,42 U.S.C. §1981a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Corpus Christi Division.

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. .

•
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (hereinafter "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)(l) and (3) ofTitle VII, 42 U.S.C. §§ 2000e-5(f)(l) and (3).
4. At all relevant times, Defendant, Medical Arts Clinic, a professional association registered to do business in the State of Texas, has continuously been doing business in the State of Texas in the city of Aransas Pass, Texas and has continuously had at least fifteen employees.
5. At all relevant times, the Defendant, Medical Arts Clinic has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g), and (h).
STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Jessica Escobedo-Garcia filed a charge with the Commission alleging violations of Title VII by Defendant, Medical Arts Clinic. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least on or about May 13, 1997, the Defendant, Medical Arts Clinic has engaged in unlawful employment practices at its Aransas Pass facility located at 1731 West Wheeler, Aransas Pass, Texas, in violation of Sections 701(k) and 703(a)(l) of Title VII, 42 U.S.C. §§ 2000e(k) and 2000e-2(a). The unlawful practices were to subject Jessica Escobedo-Garcia to discrimination in discipline and termination based on gender, female, and her pregnant condition. Jessica Escobedo-Garcia was discriminated against because of her gender, female ("pregnancy"), when Defendant Medical Arts Clinic issued three written warnings against her for alleged violations
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of company policy after Defendant found out that Garcia was pregnant again and she began missing

time from work due to her pregnancy. Other similarly situated employees were not disciplined for

the same type of conduct. Garcia had not received any written warnings in the preceding 18 months

of employment with Defendant, and these three written warnings were issued in a 10-day period.

Defendant wrongfully terminated Garcia because she was pregnant, and the reasons given by

Defendant for her termination are pretextual.

8.

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

deprive Jessica Escobedo-Garcia of equal employment opportunities and to otherwise adversely

affect her status as an employee, because of her gender, female (pregnancy).

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

intentional.

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

and are being done with malice or reckless indifference to the federally protected rights ofJessica

Escobedo-Garcia.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. · Grant a pennanent injunction enjoining the Defendant, Medical Arts Clinic, 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 gender, including discrimination

.

.

based on a woman's pregnancy;

B. Order the Defendant, Medical Arts Clinic, to institute and carry out policies,

practices, and programs which provide equal employment opportunities for women, including

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women who are pregnant, and which eradicate the effects of its past and present unlawful employment practices;
C. Order the Defendant, Medical Arts Clinic, to make whole Jessica Escobedo-Garcia, by providing appropriate back pay with prejudgment interest, in amounts to be detetmined at trial, and other affitmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the re-instatement of Jessica Escobedo-Garcia as a medical assistant or similar position;
D. Order the Defendant, Medical Arts Clinic, to make whole Jessica Escobedo-Garcia, 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, medical expenses and job search expenses, in amounts to be determined at trial;
E. Order the Defendant, Medical Arts Clinic, to make whole Jessica Escobedo-Garcia, 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, loss of enjoyment oflife, and humiliation, in amounts to be detem1ined at trial;
F. Order the Defendant, Medical Arts Clinic, to pay Jessica Escobedo-Garcia 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 in this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney State Bar No. 076083 (District of Columbia)
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• USAN B. BIGGS· Supervisory Trial Attorney Texas State Bar No. 02312500
PITTARD Tnal Attorney Texas State Bar No. 00794465 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 (210) 281-7636 (210) 281-7669 (Fax) ATTORNEYS FOR PLAINTIFF
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