Case: EEOC v. SPHERION STAFFING GROUP AGENCY

1:04-cv-00632 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 29, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the EEOC district office in San Antonio, Texas brought this suit against the Spherion Corporation in the U.S. District Court for the Western District of Texas. The complaint contains the allegations of two deaf people claiming the defendant discriminated against them by not hiring and not reasonably accommodating them in violation of the Americans with Disabilities Act. The defendant moved for summary judgment, but the motion was denied. On the eve of trial, the parties cam…
In September 2004, the EEOC district office in San Antonio, Texas brought this suit against the Spherion Corporation in the U.S. District Court for the Western District of Texas. The complaint contains the allegations of two deaf people claiming the defendant discriminated against them by not hiring and not reasonably accommodating them in violation of the Americans with Disabilities Act. The defendant moved for summary judgment, but the motion was denied. On the eve of trial, the parties came to terms in August of 2006.In the consent decree, the defendant agreed to (1) not discriminate on the basis of disability; (2) pay all aggrieved persons a total of $78,300; (3) retain and revise its current reasonable accommodation policy; (4) provide no less than four hours of ADA training to all of its managers and employees involved in training and recruitment; (5) post jobs in ways accessible to the deaf or hearing impaired; (6) provide a means of communicating with deaf job applicants for the purpose of interviews. The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (6/7/2007)

Clearinghouse (6/15/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401607/parties/equal-employment-v-spherion-corporation/


Judge(s)
Attorney for Plaintiff

East, Brian Dean (Texas)

Harwin, Robert B. (Texas)

Attorney for Defendant

Maatman, Gerald L. (Texas)

McLaughlin, Scott Robert (Texas)

Expert/Monitor/Master/Other

Hahn, Christopher H. (Texas)

Documents in the Clearinghouse

Documents in this case

1:04-cv-00632

Docket

EEOC v. Spherion Corporation

Aug. 18, 2006

Aug. 18, 2006

Docket
1

1:04-cv-00632

Complaint

EEOC v. Spherion Corporation

Sept. 29, 2004

Sept. 29, 2004

Complaint
24

1:04-cv-00632

Intervenor's Complaint

EEOC v. Spherion Corporation

March 18, 2005

March 18, 2005

Complaint
101

1:04-cv-00632

Consent Decree

EEOC and Dorthea Huschka and Eric Madigan v. Spherion Corporation

Aug. 18, 2006

Aug. 18, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401607/equal-employment-v-spherion-corporation/

Last updated March 25, 2026, 4:46 a.m.

ECF Number Date Description Link
1 Sept. 29, 2004

Complaint filed. Filing Fee: $ wv (Pages: 6) (tdk) (Entered: 09/29/2004)

RECAP
Sept. 29, 2004

Case assigned to Judge Lee Yeakel (tdk)

Sept. 29, 2004

Court file prepared and forwarded to Judge Yeakel (tdk)

2 Oct. 28, 2004

Waiver of Service by Spherion Corporation ; Notice and Request Mailed on 10/4/04 ; Answer due on 12/3/04 for Spherion Corporation (mc2) (Entered: 11/01/2004)

RECAP
3 Dec. 2, 2004

Motion by Dorothea Huschka, Eric Madigan to intervene (mc2) (Entered: 12/02/2004)

RECAP
4 Dec. 3, 2004

Answer by Spherion Corporation (mc2) (Entered: 12/03/2004)

RECAP
5 Dec. 22, 2004

Answer and affirmative defenses by Spherion Corporation to the complaint in intervention (dm) (Entered: 12/28/2004)

RECAP
6 Jan. 12, 2005

Order referring motion to intervene [3-1] to Judge Andrew W. Austin for report and recommendation, signed by Judge Lee Yeakel (mc2) (Entered: 01/12/2005)

RECAP
7 Jan. 21, 2005

Notice of filing by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan - joint Rule 26(F) report. (mc2) (Entered: 01/21/2005)

RECAP
8 Jan. 21, 2005

Recommendations for scheduling order by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan (mc2) (Entered: 01/21/2005)

RECAP
9 Feb. 11, 2005

Order setting miscellaneous hearing - initial pretrial conference - for 3:00 2/28/05 signed by Judge Lee Yeakel (mc2) (Entered: 02/14/2005)

RECAP
10 Feb. 17, 2005

Report and recommendation of Judge Austin that the District Court grant the motion to intervene [3-1] (mc2) (Entered: 02/17/2005)

RECAP
Feb. 17, 2005

Received, Court file from Magistrate Austin; forwarded to Judge Yeakel. (mc2)

Feb. 22, 2005

Acknowledgment receipt of Dorothea Huschka, Eric Madigan magistrate report and recommendations on 2/18/05. (mc2)

Feb. 22, 2005

Acknowledgment receipt of Equal Employment magistrate report and recommendations on 2/18/05. (mc2)

Feb. 24, 2005

Acknowledgment receipt of Spherion Corporation magistrate report and recommendations on 2/22/05. (mc2)

11 Feb. 28, 2005

Minutes of proceedings for initial pretrial conference conducted on 2/28/05 by Judge Yeakel. Court Reporter: Kathy Carroll. (mc2) (Entered: 03/01/2005)

RECAP
12 Feb. 28, 2005

Scheduling order setting Joining of parties, amending of pleadings on 5/13/05 Deadline for filing of all motions 12/30/05 Discovery cutoff 10/28/05 Pretrial conference of attorneys by 10:00 3/31/06, with jury trial month of 4/06; Alternate Dispute Resolution Report due by 3/18/05, signed by Judge Lee Yeakel (mc2) (Entered: 03/01/2005)

RECAP
Feb. 28, 2005

Miscellaneous hearing - initial pretrial conference - held (mc2)

13 March 18, 2005

Alternate Dispute Resolution Report filed by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan, Party(s) agree to Alternate Dispute Resolution (mc2) (Entered: 03/18/2005)

RECAP
14 March 18, 2005

Order granting motion to intervene [3-1] accepting report and recommendations [10-1] signed by Judge Lee Yeakel (mc2) (Entered: 03/21/2005)

RECAP
24 March 18, 2005

Intervenor's complaint (Pages: 6) (mc2) (Entered: 09/27/2005)

RECAP
15 May 5, 2005

Joint motion by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan to amend Scheduling order [12-1] (mc2) (Entered: 05/09/2005)

RECAP
16 May 10, 2005

Order granting joint motion to amend Scheduling order [12-1] [15-1], witnesses/testifying experts/proposed exhibits by plaintiff and intervenor plaintiffs by 7/20/05, defendant's by 8/31/05, signed by Judge Lee Yeakel (mc2) (Entered: 05/10/2005)

RECAP
17 June 30, 2005

Joint motion by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan to amend Scheduling order [12-1] (mc2) (Entered: 06/30/2005)

RECAP
18 July 1, 2005

Order granting joint motion to amend Scheduling order [12-1] [17-1] amending scheduling order deadlines: Deadline for filing of all motions by 2/10/06 ; Discovery deadline on 1/27/06 signed by Judge Lee Yeakel (mc2) (Entered: 07/05/2005)

RECAP
19 Aug. 11, 2005

Motion by Spherion Corporation to amend intervenor answer [5-1], answer [4-1] (mc2) (Entered: 08/11/2005)

RECAP
Aug. 11, 2005

Received, Defendant's first amended answer..., and first amended answer...to complaint in intervention. (mc2)

20 Aug. 19, 2005

Memorandum by Equal Employment in opposition to motion to amend intervenor answer [5-1], answer [4-1] [19-1] (mc2) (Entered: 08/22/2005)

RECAP
21 Aug. 19, 2005

Response by Dorothea Huschka in opposition to motion to amend intervenor answer [5-1], answer [4-1] [19-1] (mc2) (Entered: 08/22/2005)

RECAP
22 Aug. 24, 2005

Reply by Spherion Corporation to response to motion to amend intervenor answer [5-1], answer [4-1] [19-1] (mc2) (Entered: 08/24/2005)

RECAP
Aug. 30, 2005

Letter/Correspondence regarding: vacation for Jennifer Randall, trial attorney (dm)

23 Sept. 27, 2005

Order granting motion to amend intervenor answer [5-1], answer [4-1] [19-1] signed by Judge Lee Yeakel (mc2) (Entered: 09/27/2005)

RECAP
25 Sept. 27, 2005

First Amended Answer by Spherion Corporation to intervenor complaint [24-1] (mc2) (Entered: 09/27/2005)

RECAP
26 Sept. 27, 2005

First Amended answer by Spherion Corporation: answer [4-1] (mc2) (Entered: 09/27/2005)

RECAP
27 Oct. 17, 2005

Combined Witness, Exhibit and Expert List by Equal Employment (td) (Entered: 10/18/2005)

RECAP
28 Oct. 20, 2005

Combined Witness, Exhibit and Expert List by Dorothea Huschka, Eric Madigan (td) (Entered: 10/21/2005)

RECAP
29 Dec. 1, 2005

Combined Witness, Exhibit and Expert List by Spherion Corporation (mc2) (Entered: 12/01/2005)

RECAP
30 Dec. 7, 2005

First amended Combined Witness, Exhibit and Expert List by Equal Employment (mc2) (Entered: 12/09/2005)

RECAP
31 Dec. 19, 2005

Motion by Spherion Corporation for summary judgment (mc2) (Entered: 12/20/2005)

RECAP
32 Dec. 22, 2005

Agreed Joint motion by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan to extend deadline to file responses to defendant's motion for sumjgm (mh) (Entered: 12/27/2005)

RECAP
33 Dec. 27, 2005

Motion by Spherion Corporation for leave to exceed page limitations, pursuant to LR CV7(c) (mh) (Entered: 12/29/2005)

RECAP
34 Dec. 27, 2005

Motion by Spherion Corporation for protective order pursuant to FRCvP 26(c) and 45(c) (mh) (Entered: 12/29/2005)

RECAP
35 Dec. 29, 2005

Order referring motion motion for protective order pursuant to FRCvP 26(c) and 45(c) [34-1], motion for leave to exceed page limitations, pursuant to LR CV7(c) [33-1] to Judge Andrew W. Austin signed by Judge Lee Yeakel (mc2) (Entered: 01/03/2006)

RECAP
36 Dec. 29, 2005

Order granting motion for leave to exceed page limitations, pursuant to LR CV7(c) [33-1] signed by Judge Andrew W. Austin (mc2) (Entered: 01/03/2006)

RECAP
37 Jan. 3, 2006

Order granting joint motion to extend deadline to file responses to defendant's motion for sumjgm [32-1] until 1/13/06, signed by Judge Lee Yeakel (mc2) (Entered: 01/03/2006)

RECAP
38 Jan. 5, 2006

Advisory to the court filed by Equal Employment - extending plaintiff EEOC's deadline to respond to defendant Spherion Corp.'s motion for protection. (mc2) (Entered: 01/06/2006)

RECAP
39 Jan. 5, 2006

Advisory to the court filed by Equal Employment - requesting that Court wait until 1/23/06 to rule on defendant's motion for protection. (mc2) (Entered: 01/06/2006)

RECAP
40 Jan. 6, 2006

Unopposed Motion by Equal Employment for leave to file - to exceed page limitations (re brief in opposition to defendant Spherion's motion for protection) (mc2) (Entered: 01/06/2006)

RECAP
41 Jan. 6, 2006

Memorandum by Equal Employment in opposition to motion for protective order pursuant to FRCvP 26(c) and 45(c) [34-1] (mc2) (Entered: 01/06/2006)

RECAP
42 Jan. 9, 2006

Combined Witness, Exhibit and Expert List by Spherion Corporation (mc2) (Entered: 01/10/2006)

RECAP
43 Jan. 9, 2006

Order granting motion for leave to file - to exceed page limitations (re brief in opposition to defendant Spherion's motion for protection) [40-1] signed by Judge Andrew W. Austin (mc2) (Entered: 01/10/2006)

RECAP
44 Jan. 12, 2006

Memorandum by Equal Employment in opposition to motion for summary judgment [31-1] (mc2) (Entered: 01/12/2006)

RECAP
45 Jan. 13, 2006

Motion by Dorothea Huschka to substitute real party in interest (Trustee Marsha Milligan) (mc2) (Entered: 01/18/2006)

RECAP
46 Jan. 13, 2006

Response by Dorothea Huschka, Eric Madigan motion for summary judgment [31-1] (mc2) (Entered: 01/18/2006)

RECAP
50 Jan. 16, 2006

Order denying as moot motion for protective order pursuant to FRCvP 26(c) and 45(c) [34-1] signed by Judge Andrew W. Austin (mc2) (Entered: 01/27/2006)

RECAP
47 Jan. 17, 2006

Amended motion by Dorothea Huschka: amended - to substitute amending motion to substitute real party in interest (Trustee Marsha Milligan) [45-1] (mc2) (Entered: 01/18/2006)

RECAP
48 Jan. 23, 2006

Notice of filing by Dorothea Huschka - certificate of conference to amended motion to substitute real party in interest. (mc2) (Entered: 01/24/2006)

RECAP
49 Jan. 24, 2006

Advisory to the court filed by Equal Employment notifying Court that deposition underlying defendant's motion for protection has been cancelled. (mc2) (Entered: 01/24/2006)

RECAP
Jan. 25, 2006

Letter/Correspondence submitted by Spherion Corporation regarding: agreement to extend deadline for defendant to reply to plaintiff's and intervenors' responses to defendant's motion for summary judgment until 1/30/06. Copy to Court. (mc2)

51 Jan. 27, 2006

First amended Combined Witness, Exhibit and Expert List by Dorothea Huschka, Eric Madigan (mc2) (Entered: 01/30/2006)

RECAP
52 Jan. 27, 2006

Second amended Combined Witness, Exhibit and Expert List by Equal Employment (mc2) (Entered: 01/30/2006)

RECAP
53 Jan. 31, 2006

Unopposed Motion by Spherion Corporation to substitute attorney (Edwin Sullivan in place of Scott McLaughlin) (mc2) (Entered: 01/31/2006)

RECAP
54 Jan. 31, 2006

Response by Spherion Corporation amended motion to substitute [47-1], motion to substitute real party in interest (Trustee Marsha Milligan) [45-1] (mc2) (Entered: 01/31/2006)

RECAP
55 Jan. 31, 2006

Reply by Spherion Corporation to intervenors' response to motion for summary judgment [31-1] (mc2) Modified on 01/31/2006 (Entered: 01/31/2006)

RECAP
56 Jan. 31, 2006

Reply by Spherion Corporation to plaintiff's response to motion for summary judgment [31-1] (mc2) (Entered: 01/31/2006)

RECAP
57 Feb. 2, 2006

Unopposed Motion by Equal Employment for leave to file sur reply brief regarding defendant's motion for summary judgment (mc2) (Entered: 02/02/2006)

RECAP
58 Feb. 2, 2006

Order granting motion to substitute attorney (Edwin Sullivan in place of Scott McLaughlin) [53-1] signed by Judge Lee Yeakel (mc2) (Entered: 02/07/2006)

RECAP
Feb. 2, 2006

Received, plaintiff's sur reply brief regarding defendant's motion for summary judgment. (mc2)

59 Feb. 3, 2006

Order granting motion for leave to file sur reply brief regarding defendant's motion for summary judgment [57-1] signed by Judge Lee Yeakel (mc2) (Entered: 02/07/2006)

RECAP
60 Feb. 3, 2006

Sur reply Brief by Equal Employment regarding: motion for summary judgment [31-1] (mc2) (Entered: 02/07/2006)

RECAP
61 Feb. 9, 2006

Unopposed Motion by Dorothea Huschka for leave to file plaintiff-intevenor's reply regarding motion to substitute as sur reply brief regarding defendant's motion for summary judgment (mc2) (Entered: 02/09/2006)

RECAP
62 Feb. 9, 2006

Reply by Dorothea Huschka to response to amended motion to substitute [47-1], motion to substitute real party in interest (Trustee Marsha Milligan) [45-1] (mc2) (Entered: 02/09/2006)

RECAP
Feb. 9, 2006

Received, plaintiff-intevenor's sur reply brief regarding defendant's motion for summary judgment. (mc2)

Feb. 24, 2006

Pro hac vice fee paid byGerald L. Maatman with Amount: $ 25.00, Receipt # 384557. (mc2)

63 Feb. 27, 2006

Motion by Spherion Corporation for Gerald L. Maatman, Jr. to appear pro hac vice (mc2) (Entered: 02/27/2006)

RECAP
64 Feb. 28, 2006

Order granting motion for Gerald L. Maatman, Jr. to appear pro hac vice [63-1] signed by Judge Lee Yeakel (mc2) (Entered: 02/28/2006)

RECAP
65 March 7, 2006

Joint motion by Equal Employment, Spherion Corporation, Dorothea Huschka, Eric Madigan, Dell Products, L.P. for entry of agreed protective order (mc2) (Entered: 03/07/2006)

RECAP
66 March 9, 2006

Order referring joint motion for entry of agreed protective order [65-1] to Judge Andrew W. Austin signed by Judge Lee Yeakel (mc2) (Entered: 03/09/2006)

RECAP
67 March 9, 2006

Agreed Protective Order granting joint motion for entry of agreed protective order [65-1] signed by Judge Andrew W. Austin (mc2) (Entered: 03/10/2006)

RECAP
68 March 9, 2006

Order granting joint motion for entry of agreed protective order [65-1] signed by Judge Andrew W. Austin (mc2) (Entered: 03/10/2006)

RECAP
69 March 15, 2006

Order resetting final pretrial conference for 2:00 3/28/06 signed by Judge Lee Yeakel (mc2) (Entered: 03/15/2006)

RECAP
70 March 20, 2006

Pretrial disclosures filed by Equal Employment, Dorothea Huschka, Eric Madigan (mc2) (Entered: 03/21/2006)

RECAP
71 March 20, 2006

Joint Motion by Equal Employment, Dorothea Huschka, Eric Madigan with memorandum in support in limine (mc2) (Entered: 03/20/2006)

RECAP
72 March 20, 2006

Unopposed Motion by Equal Employment, Dorothea Huschka, Eric Madigan for leave to file - to enlarge page limitation for their brief in support of motion in limine (mc2) (Entered: 03/20/2006)

RECAP
73 March 20, 2006

Pretrial disclosures filed by Spherion Corporation (mc2) (Entered: 03/20/2006)

RECAP
74 March 20, 2006

Joint motion by Equal Employment, Dorothea Huschka, Eric Madigan for attorney participation in voir dire (mc2) (Entered: 03/21/2006)

RECAP
75 March 20, 2006

Notice of filing by Equal Employment, Dorothea Huschka, Eric Madigan - plaintiff-intervenors' proposed voir dire questions. (mc2) (Entered: 03/21/2006)

RECAP
76 March 20, 2006

Unopposed Motion by Equal Employment, Dorothea Huschka, Eric Madigan to supplement brief in support of motion in limine (mc2) (Entered: 03/21/2006)

RECAP
77 March 20, 2006

Supplement filed by Equal Employment, Dorothea Huschka, Eric Madigan Re: brief in support of motion in limine [71-1] (mc2) (Entered: 03/21/2006)

RECAP
78 March 21, 2006

Order granting motion for leave to file - to enlarge page limitation for their brief in support of motion in limine [72-1] signed by Judge Lee Yeakel (mc2) (Entered: 03/21/2006)

RECAP
79 March 23, 2006

Motion by Spherion Corporation to compel benefits information pursuant to FRCP 37(a)(2)(B) (mc2) (Entered: 03/23/2006)

RECAP
80 March 24, 2006

Objections by Spherion Corporation to plaintiff's and plaintiff-intervenors' exhibits [52-1], [51-1] (dm) (Entered: 03/28/2006)

RECAP
81 March 24, 2006

Joint Brief in opposition to defenant's motion in limine by Equal Employment, Dorothea Huschka, Eric Madigan (dm) (Entered: 03/28/2006)

RECAP
82 March 24, 2006

Joint Objections by Equal Employment, Dorothea Huschka, Eric Madigan to admissibility of defendant's proposed exhibits [42-1] (dm) (Entered: 03/28/2006)

RECAP
83 March 24, 2006

Unopposed Motion by Equal Employment, Dorothea Huschka, Eric Madigan to enlarge page limitation for their joint brief in opposition to defendant's motion in limine (dm) (Entered: 03/28/2006)

RECAP
84 March 27, 2006

Order granting motion to enlarge page limitation for their joint brief in opposition to defendant's motion in limine [83-1] signed by Judge Lee Yeakel (dm) (Entered: 03/28/2006)

RECAP
85 March 27, 2006

Order granting motion for leave to file plaintiff-intevenor's reply regarding motion to substitute as sur reply brief regarding defendant's motion for summary judgment [61-1] signed by Judge Lee Yeakel (dm) (Entered: 03/28/2006)

RECAP
86 March 27, 2006

Order granting motion to supplement brief in support of motion in limine [76-1] signed by Judge Lee Yeakel (dm) (Entered: 03/28/2006)

RECAP
87 March 28, 2006

Response by Dorothea Huschka, Eric Madigan motion to compel benefits information pursuant to FRCP 37(a)(2)(B) [79-1] (mh) (Entered: 03/30/2006)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Sherion Corporation

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State Anti-Discrimination Law

Other Dockets:

Western District of Texas 1:04-cv-00632

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Monitoring

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 78300

Order Duration: 2006 - 2008

Issues

Disability and Disability Rights:

Hearing impairment

Discrimination Area:

Accommodation / Leave

Disparate Treatment

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation