:Case 5:06-cv-V9-XR. D.ocument 1 Filed 09/29/2i,-" Page 1 of 5

IN THE UNITED STATES DISTRICT .COURT FOR THE WESTERN DISTRICT OF TEXAS.
SAN ANTONIO DIVISION

FILED
'. SEP I 9:~'zms '

)

UNITED STATES OF AMERICA,

)

)

.Plaintiff,

)

WCELE~U.NSD.ISDTiSRTICRTICOTFCteOXUARST.
BY .
. DEPUTY dLERK

)

v.
CITY OF SAN ANTONIO

) Civil Action No;

Xl )

) )

SAO·6.CA08:39

Defendant.

)

-----------------------)

COMPLAINT AND DEMAND FOR JURy TRIAL

...... ... Plaintiff, United States of America! alleges: ..

. 1. This action· is brought on behalfof the United States to.enforce the provisions ofTitle VII

ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et~, (nTitle VIlli).

2. This Court has jurisdiction over the action Under 42 U.S.C. § 2000e-5(f) and 28 U.S:C.

§ 1345. 3, Defendant City of San Antonio is a corporate, govemm~ntal body and a political

subdivision of the State of Texas, established pursuant to the laws of the State of Texas. The San

Antonio Police Departnient ("SAPD") exercises police functions on behaltofthe City of San

Antonio·,

.

.

.

4. Defendant City of San ~tonio is a person within\the meaning of 42 U,S.C. § 2000e(a)9

and an employer within the meaning of42 U.S.C. § 2000e(b).

S. Defendant City of San Antonio, through the SAPD, has discriniinated against Cheri

Estrada, who is employed as a detective with the SAPD, on the basis of her sex (female) and .

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Case 5:06-cv-V9-XR Document 1 Filed 09/29J2~ Page 2 of 5

condition (pregnancy), in violation of § 703(a) of Title VII of the Civil Rjghts Act of1964, as

'amended, 42 U.S.C. § 2000e-2(a), among other :ways, by:

I

I

(a)' requiring'Cheri Estrada, by policy and practice, to"assume a limited-duty position

, i

oil file sole basis of her pregnancy, regardless of her ability to work; and

(b) failing or refusing to take appropriate action to'remedy the effects of the

,

,

discriminatory treatment of Cheri Estrada.

6. ' The Equal Employment Opportunity Commission ("EEOC") received timely charges

filed 'by Ch~ Estrada (Charge No. 3602004 00023) alleging, among other things, that she had'

,

'

been discriminated against in'emp1c~yment because ofher sex (female) and co~dition

.
..,(pregmmcy)

,by

the

SA.PD.

'Pm·sua.nt

,
to

§706ofTitle

vn

of the

Civil

Fjghts

Act

of

1964,

as

.. I ..

amended, 42 U.S.C. § 2000e-5, the~EOC investigated the charges, found reaso~able cause to

, ,believe that the ailegations of sex discrimination ~ employment were true, attempted

UDS\lccessfully to achieve through conciliation a voluntary: resolution of the matters, ~d

subsequentiy referred the'charges to the United States Department of Justice.

All conditions precedent to the filing of suit hitve been performed or have occurred.
7. wHEREFOREI ,plaintiffUnited States prays that this Court grant the following relief:

(a) Enjoin defendant City of San Antonio from failing and refusing to:

(1) provide sufficient remedial relief to make Cheri Estrada whole for the loss '
her she has suffered as a result ofthe discrimination against as alleged in this Complaint; and

(2) ,take other appropriate nondiscriminatory measures to overcome the effects

, of the discrimination; and

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Case 5:06-cv-'-'~9-XR Document 1 Filed 09/29/2--J· Page 3 of 5

(b) Order defendant SAPD to provide sufficient compensatorydamages to charging party Cheri Estrada to fully compensate her for the pain and suffering caused by defendant S,APD's discriminatory conduct, pursuant to and within.the statutory.limitations of Section 102 ofthe Civil Rights Act of 1991,42 U,S.C.§.1981a.
may (0) Award such additional. relief as. justice require, including equitable relie.fi .
together with its costs. an.d d. isbursements in this a.ction.

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Case 5:06·cv-~3~-XR Document 1

Filed 09/29/2-J

Page 4. of 5

JURy DEMAND
The United States hereby demands, a trial by jury of all issues so triable pursuant to Rule
38 ofthe'Federal Rules ofCivilP~ocedUre and Section 102 of the Civil Rights'Act ofl991,
42 U.S.C. § 1981a., .
ALBERTO GONZALEZ Attorney General .
WANJ.KIM Assistant Attorney General Civil Rights'Division. '
By: CCXJJ;2 DAVID J. PALMER Chief Ernpl.oymenfLitigation Section , Civil Rights, Division

·~14·S<
KAREN D. WOODARD Deputy Chief
'CARL D. WASSERMAN Trial Attorney , Civil Right$ Division ','
U.S. Department of Justice .. 950 Pennsylvania Ave., NW PHB, Fourth Floor ' 'Washington, D.C. 20530 (20ZY353-8015 ~ phone (202) 514-1005 0 faX

(J~

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Case 5:06-cv-~39-X~ Document 1 Filed 09/29/2',-, Pag,e 5 of 5

JOHNNY SUTTON United States Attorney
By: F;P CZ
A .' t United States Attorney
6ox' NVi Loop 410; Suite' 600
San Antonio, Texas 78216 TeL: (210) 384-7325 Fax: (210) 384-7312 Texas Bar No. 15443855

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 Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 1 of 11

1l'I TEE UNITED STATES DISTRICT COURT FOR THE WESTERN DiSTRICT OF TEXAS
SAN ANTONIO DIVISION

f[ED
f AUG 7 Z007
CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS
~y------~~~~~ DEPUTY CLERK

)

UNITED STATES OF AMERICA,

)

)

Plain1;iff,

)

)

v.

)

)

. CITY OF SAN ANTONIO,

)

)

Defendant.

)

--~--~------------)

Civil Action No. SA-06-CV:.839..XR

SETTLEMENT 4GREEMENI

T1ris action was brought by the United States against the City ofSan Antonio C'City") to'

o

•

u.s.e. enforce the provisions ofTitle VII ofthe Civil Rights Act of 1964,42

§ 20000, m~., as

o

0

amended ("Title VlI"), following receipt by the United States :from the Equal Employment

Opportunity ColllDrission ("EEOC") of a charge ofdiscrimination filed by Cheri Estrada (Charge '

No. 360-2004..00023). This Court has jurisdiction ofthe action under 42 U.S.C. §ZOOOc-S(t)

and 28 q,s,C. ~ 1345, 0

. In its complaint, the United States alleges that ~e City, thro~gh the San Antonio Police .

. Department ("SAPD"), dis~ated against Cheri Estrada, adetective in the SAPD, on the

basis

of her

sex

and pregnancy,

iz:

violation

.
ofSeotion

703(a)

of

Title

vn

of

the

Civil

Rights

Act

of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:

(a), subjecting Detective Estrada to employment d~scrlmination based'on,sex and

pregnancy by maintaining, and implementing a policy requiring pregnant employees to asaume

limited duty positions, regardless oftheir ability to fulfill the requirements oftheir positions;
r ,l~e.Jo'vtr~o\-\oV\ ~f ~e~\f~ evt\- ~~ee\N\evt ap~ rOIlt\ \ 0
,~ b'V\t\Jft» l~otte~ ~().ll\). \?,eb{iJ.bl:.- ~('6 CJtbt-- lAlfb
.o..JaeM ~et\\e~ ( ~?- Cl~£to i.f2.J1 GttJttrc-{ \-Q dOf,L ¥1, ~ CIfSe.. ,

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Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 2 of 11

J

(b) requiring De~ective Estrada, by policy and practice, to assume a limited duty

,

. I

position on the sole basis of her pregnancy, regardless of her ability to ful:flll the requirements of.

I

her position; and

j

(0) failing or refusing to take appropriate action to remedy the eftects ofifs

discriminatory treatment of Detective Estrada. .

The City denies that it, through the SAPD, has discriminated agamst Detective Estrada in
of violation Title VII. Nevertheless,. the United States and the'City, desiring that this action be '
,
settled by a Settlement Agreement ("Agreement"), and without the burden ofprotracted

litigation, agree to have the Court retain JurisdictiotJ, over the parties and the subj ect matter ?"f'tbis

action pursuant to Paragraph 15, infra, The parties also hereby waive, for pUIposes of entry of

tbisAgreement only, hearings and :f1ndings offaot and conolusions oflaw on all issues, and :further agree to the entry ofthis Agreement as final and binding between them with regard ~o the

issUes raised in the United States' complaint in this case.

This Agreement, being entered into with the consent of the United States and the City,

shaUin no way constitute an adjudi,cation or finding on the merits offb,e case, nor be construed as an admission by the City or a finding of any wrongdoing or. ~olation of any applica.ble federal

law or regulation, nor be construed as an admission by the United States ofthe merits ofthe

City's defenses.

Tn resolution of this aetion, the parties hereby AGREE and the Court expressly

APPROVES, ENTERS and ORDERS the following:

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Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 3 of 11 . - ···..····f _ ....

DEFINITION AND PARTIES

1. The parties to this :Agreement are the United States, by the United States Department of
, "
Justice ("United States"), and the City ofSan Antonio, on behalfofthe SAPD eCity',). ~.
2. . "Day" or "Days'; ref~rs to calendar and not business &ys.

3.. "Date of eniry" of.the Agreement refers to the date on which the Court orders entry of

the Agreement. . "
4. The Equal Employment Opportunity Collll11ission is referred to hereinafter as the ,

. "EEOC."
5. Title V1I ofthe Civil Rights Act of1964, as amended, 42 U.S.C. §§ 20000, m~.,

'is referred to hereinafter as "Title VIL"
n. PuRPOSES OF THIS AGREEMENT

6. The p~oses of this Agreement are to ensure that:

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(a) employees ofthe SAPD are not subjected to sex and pregnancy disorim:ina.tio~ in

violation of Title V1I;

(0) the City mainta:iD.s lawful, 91ear, :p.1eaningful and wel1-publicized policies and

procedures for th.e SAPD that prohibit discrimination on th.e basis ofsex and
pregnancy;

(c) the Cityprovides adequate training to all SAPD supervisors and all other

employees who are authorized to receive and inv~stigate complaints ofpregnancy

discrimination and ijIC responsihle for considering and granting requests.for accommodation or change in duty for pr~gnant e~ployees; and

Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 4 of 11

(d) the City offers to Detective Estrada appropriate individual relief.'
m. GENERAL INJJJNCTIYERELIEF

7. The City, its employees, supervisors, agents and all individuals in a.otive ooncert or

participation with it, are enjoined from:

(a) engaging in any act or practice that unlawfully discriminates against any employee

..'

of the SAPD on the basis of sex and pregnancy; and

(b) retaliating against, or in any way adversely affecting the terms and conditions of

employment o~ Detective Estrada or any other person for engaging in practices

prote~ted under 42 U.s.C, §2000e~3(a), including, but not limited to, cooperatin~

with the United States' :investigation ofEEDC cp.axge number 360-2004·00023' or

the litigation 'oftlris case.

IV. IMPLEMENTATION OF POLICmS AND PROCEDURES'

8. The City shall maintain policies and procedUres for SAPD, such as those currently stated

in the SAPD General Manual, Procedure 904, Limited Duty Section Assignment, effective April
I, 2004, that prohibit discrimination on the basis of sex and pregnancy. and tb:at require pregnant
employees to be treated ill the same m~er as all other similarly-situated, non-pregnant

employees for purposes ofworkplace accommodation, limited duty as'signments, paid or Unpaid
leave, and receipt ofbenefits.· Thes~ polioies and procedures shall, at a :minimum, include the '

following:

(a) a deSCription ofthe process in which a pregnant employee will be assigned limited

duty;

Case 5:06-cv-00839-XR

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Document 15 Filed 08/07/2007 Page 5 of 11

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.." "'. ~ ",

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(b) a description of the manner in which an employee may make a written or verbal complaint of discrimination based on pregnancy;
(c). a statement indicating that all requests for accommodation will be reviewed
. promptly and considered on the same basis as requests for accomm. odation made
by simil~ly-situated, non-pregnant employees; (d) a statement indicating that all complaints of disc:rl:m:ination based on pregnancy
will be promptly investigated; (e) contact information fOF the person or persons authorized to receive complaints of
discrimination based on pregnancy, and contact information for th~ persOIi or persons authorized to receive requests for accommodation ofpregnant employees; (f) . . a statement indicating that the City will make good faith efforts to provide a
I
response to a request for accommodation or the :results of an investigation mto a
complaint ofdiscrimination on the basis ofpregnancy t.o the requestin.g or
complaining party, in writing, no later than thirty (30) days from the date the request or complaint is received; and (g) a statement that aU requests for accommodation and complaints of discrimination based on pregnancy filed by an SAPD employee shall be forwarded to the Chiefs office for investigation, :including those submitted to the City's Equal Employment Opportunity office.

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Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 6 of 11

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V. TRAINING

9. Withln one year ofthe date ofentry oftbis Agreement, the City shall provide live

trainin~J or ~ videotape .ofthe live training, regardlng Title VlI's prohibition against pregnancy

discrimination, including the determination ofhow and when pregnant employees will be placed

on limited duty assignments becaus.6 ofpregnancy. Such training shall be provided to: (a) all

supervisors within the SAPD; (b) all SAPD employees authorized to receive and investigate

complaints of sex a.nd pregnancy discrimination; and (0) all SA.PD employees who are involved
in or responsible for considering and granting ~ted duty assignments to pregnant employees. The. SAPD 'shall make a good faith effort to provide liv~ training to as many supervisors as

. practioable.

.

10. A description ofllie training required by Paragraph 9, sUpra, and oopies of all training

materials use~ shall be submitted to the United States within one hundred twenty (120) days from

tlte date of entry oftbis Agreement for its review, comment and a detemrination that the training

is acceptable.

11. .All persons who undergo training will sign an aolo.towledgment oftheir attendanoe at the

. training described in Paragraph 9, supra. Within thirty (30) days following the oompletion ofthe

training required bYf>aragr~h 9) supra, the City shall provide to the United States written

verification that the training has been completed and that all employees reqUired to attend such

training in fact did so. The City will keep on file all signed acknowledgments for the duration of

the Agreement.

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VI. SPECIFIC RELIEF 12. Without admitting the allegations ofthe United States as set forth in its complaint, and in settlem6D.t of the ol~s of the United States for relief on behalf of Detective Estrada, the City shall provide Detectiv~ Estrada with a total monetary award of TWO THOUSAND AND FIVE HUNDRED DOLLARS ($2,500,00) in accordance with ~d subject to the following:
(a) The City shall offer to Detective Estrada amonetary award in the' amount,ofTWO THOUSAND AND FIVE HUNDRED DOLLARS ($2,500.00) in damages to
, fully compensate Detective Estrada for injuries caused by the City's allegedly. discriminatory conduct against her, pursuant to and within the statutory limitations ofSection 102 ofthe Civil RlghtSActof1991, 42 U.S.C. § 1981a. No withholdings of anY'kind shall be made by the City from the damages award,
although the City shall issue an Internal Reve~ue Servioe (''IRS'') 1099-Misc Form. to Detective Estrada and report this award to the lRS and any other
applicable taxing authority. (b) The United States has provided De,tective Estrada notice ofthe terms ofthis
Agreement, and a copy of a release in the form set forth in App~dix A hereto.
(c) To receive the reliefprovided to her under this Agreement~ Detective Estrada must return the release form to the United States.· The United States shall provide the Citywith a copy of Detective Estrada's executed release fonn within ten (10) days :from the date of entry of the Agreement. Within fifteen (IS) days :from the date Qfits receipt of Detective Estrada's executed release form, the City shall mail ·7·

Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 8 of 11 .__.-._-,--+----_.__._----_.._.._..... __._-_...._----_.__._- ._-_.- _._----_.. _-

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to Detective Estrad.~ a check made payable to "Cheri Estrada" for the full amount owed ~ accordance with paragraph 12(a), supra. VII. RECORD RETENTION AND COMPLIANCE MONITORING 13. The City shall retain· the following records during the term oftbis Agreement or for the period oftime required by applicable federal record retention requirements, whichever is longer: (a) the provisions and effective date of all policies and procedures implemented
pursuant to Paragraph 8, ,supra;
(b) copies of its policies and procedures prolu'biting discrimination on the basis of pregnancy that are made available to SAPD employees, as set forth in Paragraph

(c) all do~ents that come into its possession relating to wrl~en or verbal

complaints ofpregnancy discrimination from any employee ofthe SAPD against

•

•

II'

the SAPD or any of its employees, inoluding documents relating to the City's

investigation and resolution of any such complaints; and

(d) all documents that come into the City's possession rel~ting to notification of

pregnancy by any employee of the SAPD, including documents relating to the'

City's processing and disposition of any such notification.

.. .

.

14. The United States may review compliance with this Agreement at anytime throughout the

duration ofthis Agreement. As part ofthat review, the dtywill provide copies of any

I doc1.1lnents relevant to the City's compHance with. this Agreement upon the request of the United

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Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 9 of 11

-,--- . -_.". .-...........- ........ "..............._+--_._...__...__.•.__....__._---------

---'-.

.States, incl~ding but not limited to the documents descriooo: ~ Paragraphs 13(c) ~ 13(d),

supra.

VIII. JURISDICTION OF THE COURT

15. 'The Court shall retain jurisdiction over this Agreement for the pmpose ofresolving any

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disputes or entering any orders that may be necessary to implement the reliefprovided in the

1

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Agreement for a period of one (1) year from the date of entry of this Agreement. This Agreement

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shall expire without further order ofthis Court one (1) year from the date ofentry.

16. Ifa dispute arises concerning compliance with tis Agreement, the parties wi~ engage in
"... .
good faith efforts to resolve the issue before seeking acnon by the Court. Ifthe' parties are'unable
expeditiously to resolve the issue,'anyparty maymove the Court for resolution, provi~ed that

written notice is mst provided to the other party. .

IX. GENERAL PROVISIONS

17. Th" parties shall bear their own costs in this action, including attomey' sfees, except that

the parties shall retain the right ~o seek costs for any matter whic~, in the future, may arise under

this Agreement and require resolution by the Court.

18. All documents required to be delivere.d under this Agreement to the United States shall be

sent by overnight mail to the attention of:

Chief Employment Litigation Section U.S. Department ofJustioe
Civil lUghts Division - 950 Pennsylvania Avenue, N.W. PHB Fourth Floor, Room 4040 Washington, D.C. 20530

.. " .....-~ ....

_ _ _ - - - Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 10 of 11

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19. All documents required to be delive~ed under tbis Agreement to the City shall be sent by
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overnight to the attention of:

. Michael D. Bernard, Esq. City Attomey Office of the City Attomey
P.O. Box 839966 S'an Antonio, TX 78283-3966

A~, IT Is $0 OBDERED, this *daYof

2007. .

/
XA:ymRRODRlGUEZ UNITED STATJ3S DISTRICT runGE

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Case 5:06-cv-00839-XR Document 15 Filed 08/07/2007 Page 11 of 11

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! AGREED AND CONSENTED TO:

, For plaintiff United States of America:

WANJ.KIM Assistant Attorney General Civil Rights Division

By:

~LN\iN

~

DA"Vi
Chie Employment Litigation Section

, /1~vJ 1'1

--------

~~

KARBND. WOODARD

Deputy Chief

CARL D. WASSBRMAN

Attorney

U.S. Department ofJustice

Civil Rights Division

Employment Litigation Section

9'50 Pennsylvania Avenue) N.W.

PEB, Fourth Floor

Washington, D.C. 20530

Telephone: (202) 353-8015

For defendant City of San Antonio:

B;;!~ G-~, ,h'::

MICHAEL D. BERNARD

City Attorney ,

Office afthe City Attorney

P.O. Box 839966

. :

San Antonio, TX 78283·3966

I

(210) 207-8940

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 U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:06-cv-00839-XR

United States of America v. City of San Antonio Assigned to: Honorable Xavier Rodriguez Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2006 Date Terminated: 08/07/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Carl D. Wasserman U.S. Department of Justice Civil Rights Division 950 Pennsylvania Ave., N W, PHB, Fourth Floor Washington, DC 20530 (202) 353-8015 Fax: (202) 514-1005 Email: Carl.Wasserman@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Paniszczyn U.S. Attorney's Office 601 N.W. Loop 410, #600 San Antonio, TX 78216-5512 (210) 384-7325 Fax: (210) 384-7312 Email: john.paniszczyn@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen D. Woodard U.S. Dept. of Justice Employment Litigation Section 950 Pennsylvania Ave., NW, Room 4906 Washington, DC 20530 (202)514-9878 Fax: (202)514-1005

V. Defendant City of San Antonio

Email: karen.woodard@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. Palmer Employment Litigation Section Civil Rights Division - U.S. Attorney U.S. Department of Juctice 950 Pennsylvania Ave., NW, PHB, Fourth Floor Washington, DC 20530 (202) 353-8015 Fax: (202) 514-1005 Email: david.palmer@usdoj.gov ATTORNEY TO BE NOTICED
represented by Deborah Lynne Klein Office of the City Attorney Litigation Division Riverview Towers, 10 Floor 111 Soledad San Antonio, TX 78205-3966 (210) 207-8919 Fax: 210/207-4357 Email: Deborah.Klein@sanantonio.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Kosanovich Attorney at Law P.O. Box 831121 San Antonio, TX 78283 (210)408-6793 Fax: (210)408-6797 Email: markkosanovich@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006 09/29/2006 09/29/2006 10/11/2006 10/25/2006 11/06/2006
12/06/2006
12/06/2006
12/06/2006 12/21/2006 01/03/2007

#

Docket Text

1 COMPLAINT , filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(bn, ) (Entered: 10/02/2006)

2 Summons Issued as to City of San Antonio. (bn, ) (Entered: 10/02/2006)

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (bn, ) (Entered: 10/02/2006)

3 SUMMONS Returned Executed by United States of America. City of San Antonio served on 10/5/2006, answer due 10/25/2006. (rf) (Entered: 10/11/2006)

4 ANSWER to Complaint by City of San Antonio.(rf) (Entered: 10/25/2006)

5 ORDER AND ADVISORY: Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge., Order for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit a scheduling recommendations/proposed scheduling order to the Court by 12/26/2006. Signed by Judge Xavier Rodriguez. (rf) (Entered: 11/06/2006)

6 CONSENT/NON-CONSENT to Trial by US Magistrate Judge by United States of America Received. (Document is sealed pursuant to the Electronic Filing Procedures for the Western District of Texas). (rf) Modified on 12/6/2006, to correct filer (rf). (Entered: 12/06/2006)

Notice of Correction: **NOTIFIED PARTIES THAT THE FILER HAS BEEN CORRECTED TO REFLECT THAT DOCUMENT WAS FILED BY USA** re [6] Consent/NonConsent to Trial by US Magistrate Judge Received. (rf) (Entered: 12/06/2006)

7 CONSENT/NON-CONSENT to Trial by US Magistrate Judge by City of San Antonio Received. (Document is sealed pursuant to the Electronic Filing Procedures for the Western District of Texas). (rf) (Entered: 12/07/2006)

8 Scheduling Recommendations/Proposed Scheduling Order Joint Motion for Entry of Scheduling Order by City of San Antonio. (Attachments: # 1)(Klein, Deborah) (Entered: 12/21/2006)

9 SCHEDULING ORDER granting 8 joint motion for entry of scheduling order. Pretrial Conference set for 11/21/2007 9:30

01/12/2007 01/12/2007 01/29/2007 01/29/2007 08/06/2007
08/07/2007

AM before Honorable Xavier Rodriguez. Jury Selection set for 12/3/2007 9:30 AM before Honorable Xavier Rodriguez. Jury Trial set for 12/3/2007 9:30 AM before Honorable Xavier Rodriguez. ADR Report Deadline due by 1/29/2007. Amended Pleadings due by 3/2/2007. Discovery due by 8/20/2007. Motions due by 9/24/2007. Signed by Judge Xavier Rodriguez. (rf) (Entered: 01/04/2007)
10 Pretrial Disclosures Defendant City of San Antonio's Initial Disclosures by City of San Antonio. (Klein, Deborah) (Entered: 01/12/2007)
11 Pretrial Disclosures Plaintiff United States' Initial Disclosures by United States of America. (Wasserman, Carl) (Entered: 01/12/2007)
12 ADR Report Filed - Defendant City of San Antonio's ADR Report by City of San Antonio(Klein, Deborah) (Entered: 01/29/2007)
13 ADR Report Filed - by United States of America(Woodard, Karen) (Entered: 01/29/2007)
14 Joint MOTION for Settlement Agreement Approval by United States of America, City of San Antonio. (Attachments: # 1 Proposed Settlement Agreement)(Wasserman, Carl) (Entered: 08/06/2007)
15 ORDER granting 14 Motion for Settlement Signed by Judge Xavier Rodriguez. (rg1, ) (Entered: 08/07/2007)

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Transaction Receipt

10/05/2007 14:04:46

PACER Login: wu0079

Client Code: Baker

Description: Docket Report Search Criteria: 5:06-cv-00839-XR

Billable Pages: 2

Cost:

0.16


On September 29, 2006, the United States filed a lawsuit under Title VII against the City of San Antonio in the U.S. District Court for the Western District of Texas, alleging that the San Antonio Police Department discriminated against a female employee on the basis of her sex and pregnant condition. Specifically, the United States contended that the Police Department required this employee to assume a limited duty position on the sole basis of her pregnancy, regardless of her ability to work, and failed or refused to take appropriate action to remedy the effects of her discriminatory treatment. The United States sought remedial and injunctive relief. 

The EEOC investigated the charge, found reasonable cause to believe that the allegation of sex discrimination was true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge and subsequently referred the matter to the Department of Justice. 

On August 7, 2007, the United States and the defendant agreed to enter into a settlement agreement, approved by the district court (Judge Xavier Rodriguez). The agreement required the City to provide live training, or a videotape of the training regarding Title VII's prohibition against pregnancy discrimination including the determination of how and when pregnant employees will be placed on limited-duty assignments because of pregnancy. The City also agreed to pay the female Detective monetary damages. 

We have no further information on this case.

