The Equal Employment Opportunity Commission's Docket of Active and Resolved ADA Cases June 30, 2004 TABLE OF CONTENTS ALLERGY (T1) 1 Active 1 Resolved 1 ASTHMA (T2) 2 Active 2 BLOOD (OTHER) (TP) 2 Active 2 Resolved 3 CANCER (U1) 4 Active 4 Resolved 5 CUMULATIVE TRAUMA DISORDER (WF) 5 Active 5 Resolved 6 CEREBRAL PALSY (WE) 7 Active 7 Resolved 8 DIABETES (U2) 8 Active 8 Resolved 9 DISFIGUREMENT (U3) 17 Active 17 EPILEPSY (WG) 18 Active 18 GASTROINTESTINAL (W1) 19 Active 19 Resolved 20 GENETIC TESTING (T6) 20 Resolved 20 HEARING IMPAIRMENT (W2) 21 Active 21 Resolved 23 HEART/CARDIOVASCULAR (W3) 30 Active 30 HIV (TN) 30 Active 30 Resolved 32 KIDNEY IMPAIRMENT (W4) 33 Active 33 Resolved 34 LEARNING DISABILITY (WH) 35 Active 35 Resolved 36 MENTAL RETARDATION (W5) 37 Active 37 Resolved 40 MISSING DIGITS/LIMBS (VA) 41 Active 41 Resolved 43 MULTIPLE SCLEROSIS (WJ) 46 Resolved 46 ORTHOPEDIC/STRUCTURAL BACK IMPAIRMENT (T3) 47 Active 47 Resolved 48 OTHER DISABILITY (Z2) 51 Active 51 Resolved 56 OTHER NEUROLOGICAL (WL) 58 Active 58 Resolved 59 PARALYSIS (WK) 60 Active 60 Resolved 61 PSYCHIATRIC DISABILITIES 63 POST-TRAUMATIC STRESS DISORDER (U6) 63 Active 63 OTHER ANXIETY DISORDER (UA) 63 Resolved 63 DEPRESSION (UB) 64 Active 64 Resolved 65 MANIC DEPRESSION (BI-POLAR) (UC) 66 Active 66 Resolved 67 OTHER PSYCHIATRIC DISORDERS (UE) 68 Resolved 68 SCHIZOPHRENIA (UD) 69 Active 69 VISION IMPAIRMENT (Z1) 69 Active 69 Resolved 71 OTHER (Z2) 72 Active 72 Resolved 73 To get the current telephone number of the EEOC office associated with each of the cases listed below, go to EEOC's website, www.eeoc.gov,or call 1 (800) 669-4000 and you will be connected to the EEOC office nearest you. Should you have any questions regarding the docket, you can contact Ken Morse, Office of General Counsel at ken.morse@eeoc.gov. New case filed and new case resolutions for the months of April and May, 2004 or reconciliation of data from previous months are identified by a double asterisk mark (**) in the left column. ALLERGY (T1) Active CUSTOMER COMPANY d.b.a. CIGARETTES CHEAPER, No. C-02-2501 CW ADD (ND CA) (San Francisco District Office) Statute: ADA Basis: Disability (allergy; record of) Issue(s): Prohibited Medical Inquiry/ Exam; Discharge; Confidentiality Litigation: Direct Case: Individual Filed: 05/23/2002 Issue(s): Pre-Employment Medical Inquiries: Whether defendant's employment application which contains multiple inquiries likely to disclose information about disabilities violates the ADA. Discharge: Whether defendant discharged charging party from her Manager Trainee job because of her record of a disability. Disclosure of Confidential Medical Information: Whether defendant violated the ADA's confidentiality requirements by commingling medical records with other personnel information. Resolved UNITED PARCEL SERVICE (WOODS), No. C-1-97-1142 (SD OH) (Cleveland District Office) Statute: ADA Basis: Disability (allergy) Issue(s): Hiring; Other Litigation: Direct Case: Individual Filed: 12/19/1997 Resolved: 07/07/2003 Issue(s): Charging party originally worked as a UPS driver in Austin, Texas when he developed a severe allergy to Red Cedar pollen, common to Texas, and was advised by his physician to leave central Texas, where he worked. He requested a transfer, but UPS refused and recommended that he resign and reapply for a job with UPS in Ohio. Charging party quit his job, moved to northern Kentucky and applied for a job in Cincinnati. However, UPS advised him that it would not hire him because of a company policy of not hiring former employees. This case was resolved through the entry of a settlement agreement which provides for payment of $75,000 to the charging party, representing $37,500 in back pay and $37,500 in compensatory damages. ASTHMA (T2) Active REGIS INC., d.b.a. HEIDI'S SALON (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (asthma) Issue(s): Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 05/12/2003 Resolved: 06/23/2003 Issue(s): Whether defendant refused to provide a reasonable accommodation for the charging party's disability, asthma, but instead terminated her. The case was resolved through a settlement agreement that provided for a payment of $10,500 to the charging party. BLOOD (OTHER) (TP) Active CIRCUIT CITY STORES, INC., No. 1:04CV183 (MD NC) (Charlotte District Office Statute: ADA Basis: Disability (sickle cell anemia and avascular necrosis) Issue(s): Hostile Work Environment Litigation: Direct Case: Individual Filed: 03/02/2004 Issue(s): Hostile Work Environment: The charging party, an African American male, was born with sickle cell anemia who at age seven was diagnosed with avascular necrosis). He was subjected to a hostile work environment by his general manager who called him names and made derogatory comments about his disability. HEARTWAY CORPORATION d.b.a. YORK MANOR NURSING CENTER, No. CIV-03-534-H (ED OK) (Dallas District Office) Statute: ADA Basis: Disability (regarded as, Hepatitis C) Issue(s): Termination Litigation: Direct Case: Individual Filed: 09/29/003 Issue(s): Whether the defendant terminated the charging party because it presumed that her condition, having Hepatitis C, posed a health threat and that clients of the facility would move out upon learning of her diagnosis. The charging party's condition was in remission. NORTH AMERICAN AVIATION SERVICES, No. BEL-03-CV-02289 (D MD) (Baltimore District Office) Statute: ADA Bases: Disability (Hepatitis C), Retaliation Issues: Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 8/6/2003 Issue(s): Reason. Accom.: Whether the defendant failed to provide the charging party with a reasonable accommodation by denying his requests for intermittent unpaid sick leave. Discharge/Retaliation: Whether the defendant discharged the charging party because of his disability, Hepatitis C, and Interferon treatment for Hepatitis C, and because he opposed actions made unlawful by the ADA. Resolved LETICA CORPORATION, No. 02-73586 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (sickle cell anemia) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/09/2002 Resolved: 05/02/2003 Issue(s): Accommodation: Whether defendant refused to provide a reasonable accommodation for charging party's disability, sickle cell anemia, by providing her with time off for absences necessary for treatment of her disability. Discharge: Whether defendant discharged charging party from her job, Accounts Payable Clerk, because of her disability. This case was resolved in payment of $2,250 in monetary relief to the charging party and an agreement made by defendant to provide ADA training to all its Corporate Human Resource Managers. CANCER (U1) Active HQ GLOBAL WORKPLACE, No. 02-C-6623 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (uterine cancer) Issue(s): Discharge; Reas. Accom.; Terms/Conditions Litigation: Direct Case: Class Filed: 09/18/2002 Issue(s): Accommodation/Discharge: Whether defendant, an outsourcing company that subleases office space and provides support staff to companies, refused to accommodate charging party's disability, uterine cancer, by discharging her from her Executive Receptionist position instead of allowing her to return to work part-time in accordance with her physician's recommendation. Discharge: Whether defendant's policy and practice of terminating employees after they have exhausted all leave of absence benefits violates the ADA. Reprimand/ Discipline: Whether because charging party's manager granted her a reasonable accommodation by granting her a leave of absence to be hospitalized for cancer treatment and to recuperate and by allowing her to work part- time, defendant wrote-up and verbally reprimanded her. KINDRED HEALTHCARE, INC., No. 04-c-0454 (ED WI) Milwaukee District Office Statute: ADA Basis: Disability (Cancer) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 05/12/2004 Issue(s): Discharge: The defendant refused to allow the charging party to return to his position as a pharmacy manager when charging party was on medical leave because the charging party could not meet its standard that he be "100 percent healed" before returning to work. Resolved CONAGRA POULTRY COMPANY, No. 00-2186 (WD LA) (New Orleans District Office) Statute: ADA Basis: Disability (bone cancer; leg amputation) Issue(s): Constructive Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/23/2000 Resolved: 11/20/2002 Issues: Accommodation: Whether defendant refused to reasonably accommodate charging party's disability after she returned to work as an accounting entry clerk with her leg amputated as a result of bone cancer. Constructive Discharge: Whether charging party was forced to resign her employment, in lieu of being discharged, after defendant refused to accommodate her disability and assigned her job duties she was unable to perform. This case was resolved through a settlement agreement which provides for monetary relief of $57,500 for the charging party. CUMULATIVE TRAUMA DISORDER (WF) Active MAGNETEK DRIVES & SYSTEMS, INC., No. 02-C-0920 (ED WI) (Milwaukee District Office) Statute: ADA Basis: Disability (carpal tunnel syndrome; regarded as); Retaliation Issue(s): Discharge; Hiring Litigation: Direct Case: Individual Filed: 09/17/2002 Issue(s): Hiring: Whether after defendant offered charging party, a temporary employee, a permanent position, it rescinded its offer because it regarded her as disabled in working when it learned, through a pre-employment medical examination, that charging party had been diagnosed with carpal tunnel syndrome several years before. Discharge: Whether defendant retaliated against charging party by discharging her from her temporary Expediter job because after defendant withdrew its offer of a permanent job, charging party's lawyer wrote a letter to defendant claiming discrimination based on the ADA. Resolved GULF COAST COUNCIL OF LA RAZA, No. C-02-083 (SD TX) (San Antonio District Office) Statute: ADA Basis: Disability (carpal tunnel syndrome) Issue(s): Confidentiality; Constructive Discharge; Reas. Accom. Prohibited Medical Inquiry/Exam Litigation: Direct Case: Individual Filed: 03/04/2002 Resolved: January 15, 2003 Issue(s): Accommodation: Whether defendant failed to provide charging party a reasonable accommodation for her disability, carpel tunnel syndrome. Unlawful Pre-employment Inquiries: Whether defendant's employment applications contain an unlawful disability related inquiry in violation of the ADA and whether defendant's maintenance of charging party's employment application with the disability based inquiry attached constitutes a commingling violation of the ADA. Discharge/Constructive Discharge: Whether defendant discharged, or constructively discharged, the charging party by denying her a reasonable accommodation. This case was resolved through the entry of a consent decree in which defendant agreed to: pay the charging party $5,000; to create and implement a written policy, consistent with the ADA, that prohibits discrimination based on disability that requires defendant supervisors to engage in the reasonable accommodation interactive process; maintain employees' medical information in a confidential manner; and, provide annual ADA training for its managers, supervisors and human resource personnel on the ADA. Defendant is further enjoined from discrimination based on disability in violation of the ADA. VENDO COMPANY, No. CIV-F-01-6237-REC (ED CA) (San Francisco District Office) Statute: ADA Basis: Disability (radial tunnel syndrome) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/26/2001 Resolved: 11/04/2002 Issue(s): Accommodation: Whether defendant refused to reasonably accommodate charging party's disability by providing her with a job she could not do because of her 5-pound lifting/pulling restrictions. Discharge: Whether defendant's failure to reasonably accommodate charging party's disability resulted in her discharge. This case was settled for $31,250 in non-pecuniary compensatory damages. CEREBRAL PALSY (WE) Active WAL-MART STORES, INC., No. 04-0076-CV-W-GAF (WD MO) (St. Louis District Office) Statute: ADA Basis: Disability (cerebral palsy) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 01/20/2004 Issue(s): The defendant failed to hire the charging party because of his disability, cerebral palsy, which required him to use crutches or a wheelchair. Resolved CRST, INC. & PROFESSIONAL DRIVER'S INSTITUTE, INC., No. C01-58MJM (ND IA) (Milwaukee District Office) Statute: ADA Basis: Disability (Record of; Regarded as; impairment – spastic diplegiia) Issue(s): Hiring; Training & Apprenticeship Litigation: Direct Case: Individual Filed: 04/27/2001 Issue(s): Failure to hire and failure to train: The charging party applied to CRST for a driver's position. He was accepted pending completion of his driver training at Professional Driver's Institute. The training was paid for by CRST. Charging party was rejected for training because of his apparent limp and his disclosure that he had cerebral palsy. This case was resolved through the entry of a consent decree that provided for $90,000 in back pay and compensatory damages for the charging party. Defendant also is required to provide all members of its human resources, safety and driver development department training on the ADA. Defendant is further required to provide all of its employees with a policy that the defendant and all of its employees are required to comply with the ADA. DIABETES (U2) Active DETROIT COMMUNITY HEALTH CONNECTION, No. 03-71388 (ED MI) Detroit District Office Statute: ADA Basis: Disability (aneurysm, diabetes, cholesterol, angina) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 08/22/2003 Issues: Whether the defendant failed to hire the charging party because of her disabilities. NORTHWEST AIRLINES, INC., No. 01-705 (MJD.JGL) (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (diabetes; epilepsy) Issue(s): Hiring Litigation: Direct Case: Class Filed: 04/01/2001 Issue(s): Whether defendant's blanket exclusionary policy against hiring persons with insulin-dependant diabetes or epilepsy as Aircraft Cleaners or Equipment Service Employees violates the ADA. TUCKER PLUMBING, INC., No. CIV 03-1903 PHX MHM (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (loss of leg below the knee due to complications arising from diabetes) Issue(s): Reas. Accom./Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Reas. Accom.: Whether the defendant failed to engage in the interactive process necessary to determine the medical leave time the charging party required in order to recuperate and filed to provide the necessary medical leave as a reasonable accommodation. Discharge: Whether the defendant terminated the charging party due to his disability. Resolved AMERICAN CYANAMID COMPANY, No. 4:01-CV-00110 (ED MO) (St. Louis District Office) Statute: ADA Basis: Disability (diabetes; regarded as) Issue(s): Hiring Litigation: Direct Case: Class Filed: 07/19/2001 Resolved: 11/20/2002 Issue(s): Hiring: Whether defendant refused to hire individuals because they had insulin dependant diabetes. The St. Louis District Office alleged in this ADA lawsuit that defendant, an agricultural chemicals manufacturer, refused to hire two individuals who applied for work as material handlers because of their insulin-dependent diabetes. Following a single blood test (which showed elevated blood sugar) and with no consideration of charging party's work history or his current medical information, defendant rescinded its offer of employment. EEOC's investigation also revealed that defendant had previously withdrawn an offer of employment to another job applicant for similar reasons. The case was resolved through a Consent Decree which provides for a total payment of $75,000, representing $13,899 in back pay and interest and $23,600 in compensatory damages to the charging party and $8, 416 in back pay and interest and $29,085 in compensatory damages to the second complainant. A later named defendant, BASF Corporation, which purchased the plant at which the discrimination occurred, will provide remedial relief pursuant to the decree, including distribution of an EEOC- approved policy on disability discrimination. The court rejected BASF's summary judgement motion argument that it should be dismissed because it was an innocent purchaser. In addition, because plant employees were laid off by BASF in 2002 and have not been recalled, the decree does not require BASF to hire the claimants immediately but contains a provision that the names of the plaintiffs be added to the collective bargaining unit with all corresponding seniority rights as of the approximate dates that the job offers were withdrawn. BFS RETAIL & COMMERCIAL OPERATIONS, LLC, No. 3:03CV424 (WD NC) (Charlotte District Office) Statute: ADA Basis: Disability (diabetes) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 09/02/2003 Resolved: 09/16/2003 Issue(s): Whether the defendant violated when it extended a conditional offer of employment subject to a medical examination but, when the charging parties revealed during the examination that he had diabetes, the defendant withdrew its offer of employment. This case was resolved through the entry of a Consent Decree in which the defendant agreed to pay the charging party $4,000 in compensatory damages, agreed to implement a company-wide anti-discrimination policy consistent with the ADA, to distribute a notice relating to the Consent Decree to job applicants at its Charlotte, North Carolina area stores and to provide annual training on the ADA to members of management to its four zone human resource managers who handle human resource functions nationwide. GREENVILLE FORD-MERCURY, INC., No. 00-770-DRH (SD IL) (Chicago District Office) Statute: ADA Basis: Disability (diabetes; regarded as) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/28/2000 Resolved: 07/24/2002 Issue(s): Discharge: Whether the defendant terminated the charging party because it regarded him as having a disability. The jury in this case found the defendant liable for violating the ADA and awarded him $25,000 in compensatory damages and $60,000 in punitive damages. (The $85,000 was later reduced to $50,000 because of the caps on such damages.) The jury also awarded $1,474 in back pay and interest, and compensation for medical bills that would have been paid by his employer-sponsored health insurance plan had he not been fired. MURRAY, INC., No. 1-00-0123 (MD TN) (Memphis District Office) Statute: ADA Basis: Disability (insulin-dependent diabetes, etc.) Issue(s): Prohibited Medical Inquiry/Exam; Discharge Case: Class Filed: 09/29/2000 Resolved: 02/26/2002 Issues: Prohibited Medical Inquiry/Exam/Discharge: This case was based on a charge alleging that the charging party, who had insulin-dependent diabetes, was removed from his job as a forklift operator because of his insulin-dependent diabetes disqualified him from continued employment pursuant to the defendant's medical policy. The policy automatically disqualifies individuals with particular medical conditions (e.g., insulin-dependant diabetes, epilepsy) from forklift positions. As part of its policy, the defendant required its forklift operators to take a medical exam every three years. The charging party was terminated when his exam disclosed his disability and her was not offered another job with the defendant but was terminated. Pursuant to a Consent Decree, the defendant was enjoined from conducting its triennial medical exams and inquiries of forklift operators, absent a reasonable suspicion that the behavior of the current employee indicates performance-related problems warranting further evaluation. In addition, the charging party declined reinstatement and was paid $5,000 in settlement of his individual claim. NEW ENGLAND CONFECTIONARY COMPANY d.b.a. STARK CANDY COMPANY, No. C-30-0111(ED WI) (Milwaukee District Office) Statute: ADA Basis: Disability (diabetes; regarded as) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 02/10/2003 Resolved: 05/19/2003 Issue(s): Whether the company terminated the assignment of a temporary worker when he asked about disposing of needles which he required for injecting insulin. The settlement agreement entered into between EEOC and the company provided for payment of $20,000 to the charging party for emotional distress and stated that the company would provide training to all of its managers and supervisors concerning the requirements of the ADA. NORTHWEST AIRLINES, INC., No. 00-2916-MI (WD TN) (Memphis District Office) Statute: ADA Basis: Disability (diabetes; regarded as) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 09/27/2000 Resolved: 10/25/2002 Issue(s): Hiring: Whether defendant's refusal to hire charging party into an equipment service position because of his impairment (insulin-dependent diabetes) violated the ADA. The Memphis District Office alleged in this ADA action that Defendant failed to hire charging party as an equipment service employee (ESE) because it regarded him as substantially limited in working due to his insulin dependent diabetes. Charging party applied to defendant in May 1998, was issued a conditional job offer, and passed his pre-placement physical. The job offer was withdrawn after defendant's contract physician learned that charging party was an individual with insulin dependent diabetes and that his diabetes was poorly controlled. Defendant contended that charging party posed a direct threat to himself and others in the workplace because he could not drive, operate heavy equipment, or work at unprotected heights without possibly experiencing a sudden incapacitation or sudden altered state of consciousness. At trial, the Commission presented evidence that charging party had hypoglycemia awareness; that he had performed similar jobs at two other airlines; and that he had never experienced sudden incapacitation or an altered state of consciousness due to his diabetes. Charging party's primary care physician, who is a board certified internist and endocrinologist, testified that charging party could safely perform the ESE job and confirmed that he had hypoglycemia awareness. The Commission presented expert testimony from another internist who also confirmed that charging party could safely perform the job. Finally, the Commission presented evidence about the various jobs charging party had performed; the number of applications defendant received in 1998 and the number of jobs it filled; and the jobs charging party would have been disqualified from if the jury accepted defendant's position that charging party could not do the ESE job because his diabetes was poorly controlled. Defendant presented testimony from the contract doctor that he obtained lab reports showing that charging party's diabetes was poorly controlled, and that he placed restrictions of no driving, no operating heavy equipment, and no working at unprotected heights because of his belief that charging party could suddenly pass out. Defendant also presented evidence, including expert testimony, that regarding charging party as unable to do the ESE job did not disqualify him from a class of jobs. Following a five-day trial, the jury returned a verdict for the Commission, awarding charging party $20,967 in back pay and $19,250 in compensatory damages. PIMALCO, INC., No. CIV 03-1651 PHS ROS (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (regarded as, diabetes) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Whether the defendant terminated the charging party when it discovered, when he was given a medical examination after being hired, that the charging party had insulin-dependent diabetes. Charging party had been diagnosed with Type 1 Juvenile Onset diabetes 18 years earlier and had successfully performed the duties as an industrial electrician, the job throughout this 18 year period. This case was resolved through the entry of a consent decree in which the defendant agreed to pay the charging party $70,000 in backpay and compensatory damages. The defendant also agreed to strengthen its procedures for doing a case by case evaluation for employees who operate mobile equipment at its facility and agreed to train all management employees regarding the ADA and diabetes. SEARS, ROEBUCK AND COMPANY, INC., No. 97-C 3971 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (diabetes; neuropathy) Issue(s): Other; Reas. Accom. Litigation: Direct Case: Individual Filed: 06/12/1997 Issue(s): Accommodation: Whether defendant refused to provide a reasonable accommodation for charging party's physical impairment by not allowing her to enter the workplace without having to walk long distances to her department and not allowing her to eat her lunch in a stock room close to her department. Note: November 8, 2000 case was remanded by the Seventh Circuit Court of Appeals. TRANSPORTATION MANAGEMENT, INC., No. 1:03-CV-0484 (WD MI) (Detroit District Office) Statute: ADA Basis: Disability (diabetes; regarded as) Issue(s): Hiring Litigation: Direct Case: Individual Filed: July 18, 2003 Resolved: July 18, 2003 Issue(s): Hiring: Whether the defendant refused to hire the charging party as a driver for the elderly and passengers with disabilities because he had insulin-dependent diabetes. Pursuant to a settlement agreement, the charging party was paid $1,000 in monetary damages and the defendant agreed to train its human resources and management employees about EEOC, the ADA and the right to file a charge of discrimination. UNITED AIR LINES, INC., No. 02-C-5081 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (diabetes; neuropathy; regarded as disabled) Issue(s): Hiring Litigation: Direct Case: Class Filed: 07/18/2002 Resolved: 04/27/2004 Issue(s): After learning that the charging party had diabetes, the defendant withdrew its conditional offer of employment without making an individualized assessment of charging party's ability to perform the essential functions of the job – a ramp serviceman. The defendant regarded charging party as having a disability. This case was resolved through the entry of a consent decree in which the defendant agreed to allow a noncontingent, general unsecured prepetition claim in the gross amount of $750,000 on account of any damages arising out of this action as part of a bankruptcy and reorganization proceeding involving the defendant. In addition, defendant agreed to provide the charging party and the named class members four domestic vouchers for travel within the United States. In addition throughout the duration of the two-year Decree, the defendant shall give priority to applications from the charging party and the named class members for employment as Ramp Service people at United's Chicago O'Hare facility. UNITED PARCEL SERVICE (THOMAS), No. 02-C-6305 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (diabetes; regarded as) Issue(s): Reas. Accom.; Other (reassignment) Litigation: Direct Case: Individual Filed: 09/05/2002 Resolved: 09/02/2003 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disability, insulin dependent diabetes, by refusing to reassign him to a position that did not require a commercial drivers license. Pursuant to a Settlement Agreement entered into between the parties, the charging party received $150,000, a positive letter of reference and personnel records to reflect continuous employment through the date of settlement. WAL-MART STORES, INC., No. 99-Civ-0453(Sc) (WD NY) (New York District Office) Statute: ADA Basis: Disability (diabetes, insulin dependent) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 06/30/99 Resolved: 01/02/2002 Issue(s): Whether Wal-Mart violated the ADA by firing the charging party, a sales associate at its Amherst, New York store because of his disability. Pursuant to a Consent Decree, the defendant in this case agreed to pay the charging party $181,975 in damages as well as an additional $72,000 in attorneys' fees for the attorney who intervened on behalf of the charging party in the Commission's suit. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. WAL-MART STORES, INC., No. 01-5030 (WD AR) (Memphis District Office) Statute: ADA Basis: Disability (insulin-dependent diabetes) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 01/31/2001 Resolved: 12/26/2001 Issues: Reas. Accom./Discharge: Whether Wal-Mart failed to provide a reasonable accommodation for the charging party and terminated her because of her disability – insulin-dependant diabetes. Pursuant to a Consent Decree, the defendant in this case agreed to pay the charging party $45,000 in back pay, $176,975.24 in non-pecuniary compensatory damages, $30,000 in attorneys fees and costs and an office job at a Bentonville, Arkansas facility of defendant. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. DISFIGUREMENT (U3) Active W.H. BRAUM, INC. d.b.a. BRAUM'S ICE CREAM & DAIRY, No. CIV-01-215-X (ED OK) (Dallas District Office) Statute: ADA Basis: Disability (cleft pallet; regarded as) Issue(s): Hiring ; Record Keeping Violation Litigation: Direct Case: Individual Filed: 04/16/2001 Issue(s): Hire: Whether defendant refused to hire charging party for a part-time job while hiring six similarly-situated individuals because it regarded her as disabled. Record keeping: Whether defendant destroyed employment records and job applications it was required to retain under the Commission's Regulations. The district court denied defendant's motion for summary judgment which had argued that an individual who had corrected her cleft pallet could not litigate the case under the "regarded as" prong of the definition of disability. Case currently on appeal on a procedural issue. On October 28, 2003 the Tenth Circuit Court of Appeals ruled in favor of EEOC on its interlocutory appeal in this case, holding that a state statute of limitations did not time-bar the charging party from proceeding under the ADA. The Court further held that the charging party's prior dismissal of a federal lawsuit under the ADA, without prejudice, did not limit the EEOC's ability to seek any form of relief on her behalf, citing Waffle House. The case has been remanded to the district court for trial. R.P.H. MANAGEMENT, INC., d.b.a. MCDONALD'S, No. 03-RRA-502-J (ND AL) (Birmingham District Office) Statue: ADA Basis: Disability (Disfigurement – Sturge Weber Syndrome) Issue(s): Denial of promotion; constructive discharge Litigation: Direct Case: Individual Filed: 03/07/2003 Issue(s): Whether the defendant denied the charging party the opportunity for promotion to a management position and constructively discharged her due to a cosmetic disfigurement known as Sturge Weber Syndrome or "Port Wine Stain." EPILEPSY (WG) Active NATIONAL CASTINGS AND MEREDIAN RAIL PRODUCTS CORP., No. 03C1088 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (epilepsy) Issue(s): Harassment; Terms/Conditions Litigation: Direct Case: Individual Filed: 02/13/2003 Issues: Harassment: Whether the defendant harassed one it its employees and subjected him to different terms and conditions of employment because he has epilepsy. NORTHWEST AIRLINES, INC., No. 01-705 (MJD.JGL) (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (diabetes; epilepsy) Issue(s): Hiring Litigation: Direct Case: Class Filed: 4/01/2001 Issue(s): Whether defendant's blanket exclusionary policy against hiring persons with insulin-dependant diabetes or epilepsy as Aircraft Cleaners or Equipment Service Employees violates the ADA. OVERNIGHT TRANSPORTATION COMPANY, No. C2-02-591 (SD OH) (Cleveland District Office) Statute: ADA Basis: Disability (epilepsy; regarded as) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 06/12/2002 Issue(s): Hiring: Whether defendant, an interstate trucking company, refused to hired charging party, who had worked for defendant through a temporary service, as a dockworker/towmotor operator because it learned, through a pre-employment medical examination, that charging party had a disability, epilepsy. GASTROINTESTINAL (W1) Active MOLLAR TECH, No. 03-73831 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (Crohn's Disease) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Reas. Accom./Discharge: Whether the defendant failed to provide charging party with a reasonable accommodation, allowing her to work no more than 40 hours per week rather than more than 50 hours per week, a request based on the recommendation of the charging party's doctor, with defendant then terminating the charging party because of the limitations caused by her disability. ROY O. MARTIN LUMBER CO., L.P., AND COLFAX TREATING CO., LLC, No. 03-1087-A (WD LA) (New Orleans District Office) Statute: ADA Basis: Disability (Crohn's Disease, regarded as) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 06/06/2003 Issue(s): The defendant fired the charging party shortly after it learned he had Crohn's Disease and that his medical treatments would be costly. Resolved BROWNING-FERRIS, INC., No. R/MJG-98-3246 (D MD) (Baltimore District Office) Statute: ADA Basis: Disability ( Crohn's Disease; regarded as) Issue(s): Discharge; Other Litigation: Direct Case: Individual Filed: 09/25/1998 Resolved: 03/03/2003 Issue(s): Discharge: Whether defendant terminated charging party from her dump truck driver position because it regarded her as being disabled. The defendant, pursuant to a Consent Decree, agreed to pay the charging party $194,000 in back wages and compensatory damages and to post notices advising employees of their rights under the ADA. In addition, the defendant is enjoined from violating the ADA. GENETIC TESTING (T6) Resolved THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, No. 02- C-0456 (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (Multiple) Issue(s): Genetic Testing Litigation: Direct Case: Class Filed: 02/09/2001 Resolved: 05/08/2002 Issue(s): Genetic Testing: Whether The Burlington Northern and Santa Fe Railway Company (BNSF) violated the ADA by genetically testing or seeking to test 36 of its employees without their knowledge or consent. The genetic test was part of a comprehensive diagnostic medical examination that BNSF required certain employees who had filed claims or internal reports of work-related carpal tunnel syndrome injuries against the company. The EEOC first learned about the genetic tests when several employees filed charges with the Agency alleging that BNSF required them to submit to a medical examination which included a blood test for a specific genetic marker, and further alleged that certain employees faced possible discipline for refusing to submit to the medical examination. In response to the charges, EEOC sought a preliminary injunction in February 2001 to prohibit any further testing until such time as the EEOC had completed its investigation. The preliminary injunction was amicably resolved by the parties in April 2001. The defendant, pursuant to a Consent Decree, agreed that it will not use genetic tests in required medical examinations of its employees in the future, will provide enhanced ADA training to its medical and claims personnel and will have senior management review all significant medical policies and practices. In addition, BNSF has agreed to pay a total of $2.2 million, for claims related to genetic testing, to employees who were directed to appear for the medical examination. HEARING IMPAIRMENT (W2) Active ALL STEEL CONSTRUCTION, INC., No. CIV-03-1361-W (WD OK) (Dallas District Office Statute: ADA Basis: Disability (hearing impairment, deafness) Issue(s): Hiring Litigation: Direct Case: Individual Issue(s): Whether the defendant refused to hire the charging party as a welder because he was deaf. The charging party had applied via TDD relay call to the defendant, which was seeking a welder for high-rise construction jobs through a newspaper advertisement. The defendant, over TDD, indicated it would be futile for the charging party to apply because defendant believed alleged OSHA requirements precluded the defendant from hiring the charging party. The charging party had held similar situations in the past and that the OSHA requirements cited by the defendant are inapplicable. JACK IN THE BOX, INC. dba JACK IN THE BOX # 3936, H-04-1972 (SD TX) (Houston District Office) Statute: ADA Basis: Disability (deafness) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 05/17/2004 Issue(s): Hiring: The defendant refused to hire the charging party, who is deaf and unable to speak, into a cook position on the grounds that all employees had to "speak and understand English." Defendant further told the charging party that he would be a liability. MITCHELL TEMPORARY AND DAKOTA PORK INDUSTRIES, No. 03-422 (D SD) (Denver District Office) Statute: ADA Basis: Disability (deafness) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Hiring: The defendants failed to hire the charging party because she was deaf. SCI FUNERAL SERVICES OF FLORIDA d.b.a. HARDAGE-GIDDEN, No. 3:02- CV-911-J-20 (MD FL) (Miami District Office) Statute: ADA Basis: Disability (deaf); Retaliation Issue(s): Discharge; Harassment; Promotion; Wages Litigation: Direct Case: Individual Filed: 09/27/2002 Issue(s): Promotion: Whether defendant refused to promote charging party to a Funeral Director position because of his disability, deafness. Wages: Whether defendant paid charging party, because of his disability, lower wages than it paid his non-disabled counterparts for performing the same job duties as an embalmer. Terms and Conditions/Discharge: Whether because charging party, an embalmer, filed a charge against defendant alleging discrimination because of his disability, defendant retaliated against him by obstructing his job performance by barring him from the front office and by discharging him from his job. Harassment: Whether one of defendant's managers harassed the charging party in a number of ways, including mocking his manner of speaking. STEAK N SHAKE, INC., NO. 4:04 CV 00621 (ED MO) (St. Louis District Office) Statute: ADA Basis: Disability (deafness) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 05/20/2004 Issue(s): Hiring: The defendant refused to hire the charging party as a cook or dishwasher because of his disability, deafness. Resolved BENDER SHIPBUILDING & REPAIR CO., INC., No. CV-01-0358-MJ-M (SD AL) (Birmingham District Office) Statute: ADA Basis: Disability (deaf) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 05/17/2001 Resolved: 05/17/2001 Issue(s): Hiring: Whether defendant refused to hire charging party as a welder because of his disability. This case was resolved with the entry of a settlement agreement in which the defendant agreed to adopt application procedures, hiring procedures and post-offer medical examinations that don't discriminate against individuals with substantial hearing impairments. Defendant also agreed to pay the charging party $10,000. FRISCH'S RESTAURANTS, INC., No. 2001-114 (ED KY) (Indianapolis District Office) Statute: ADA Basis: Disability (hearing impairment) Issues: Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 06/15/2001 Resolved: 08/22/2002 Issues: Accommodation: Whether defendant refused to provide a reasonable accommodation for charging party's disability. Discharge: Whether defendant discharged charging party from her position as a manager-in-training because of her disability. This case was resolved through entry of a Consent Decree providing $40,000 in monetary relief to the charging party and $20,000 for attorneys fees to the charging party's private attorney. The Consent Decree required the defendant to appoint a corporate ADA coordinator, revise its existing ADA policies and procedures, train its managers and any individual involved in the hiring process on its revised ADA policy and the ADA in general, include an ADA policy statement in its next Employee Handbook, provide notice posting, and comply with the ADA's prohibitions against discrimination and retaliation. The Consent Decree also required the defendant to include in all advertisements of job openings, including advertisements of managerial job openings, the following statement in bold print, "Frisch's is an Equal Opportunity Employer, including of the disabled." HONEYWELL, INC., No. 97-2006PHX SMM (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (hearing and vision impairments); Retaliation Issue(s): Reas. Accom.; Terms & Cond.; Constructive Discharge Litigation: Direct Case: Individual Filed: 09/29/1997 Resolved: 11/20/2002 Issue(s): Whether the defendant, a large aerospace and systems control company, discriminated against charging party, a hearing and visually impaired individual, by withdrawing an accommodation of her disability, involuntarily transferring her, failing to accommodate her disability and retaliating against her because she sought an accommodation for her disability. As a result of the discrimination, charging party was forced to quit her job. The case was resolved through a Consent Decree which provides a payment of $100,000 to charging party and enjoins defendant from engaging in any employment practice that discriminates on the basis of disability at its Union Hills, Arizona facility, including failing to engage in good faith efforts to accommodate an employee's disability, and from retaliating against any employee who seeks to exercise rights under the ADA. JOHN Q. HAMMOND HOTELS, L.P. d.b.a. HOLIDAY INN-NORTH, No. 01-D- 0800 (D CO) (Denver District Office) Statute: ADA Basis: Disability (deaf; regarded as) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 05/01/2001 Resolved: 02/14/2003 Issue(s): Hiring: Whether defendant refused to hire charging party for a busier or room service position because of her disability. This case was resolved through the entry of a Consent Decree which provides for the payment of $75,000 for a qualified deaf applicant and training for employees to prevent employment discrimination and retaliation. The defendant had refused to hire the teenage female applicant because of her disability – deafness – even though she was qualified for the jobs she sought, bussing tables in the restaurant, serving banquets or delivering room service. PROCTOR & GAMBLE PAPER PRODUCTS CO., No. 1:01-CV-151-3 (MD GA) (Atlanta District Office) Statute: ADA Basis: Disability (deaf) Issue(s): Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 07/25/2001 Issue(s): Reason. Accom./Discharge: Whether defendant transferred and ultimately discharged charging party from his Plant Technician position because of his disability. This case was resolved through a settlement agreement which provided monetary relief of $47,500 for the charging party. REMEDY INTELLIGENT STAFFING, No. 3:02-CV-10067 (SD IA) (Milwaukee District Office) Statute: ADA Basis: Disability (deaf) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 06/12/2002 Resolved: 02/27/2004 Issue(s): Hiring: Whether because of charging party's disability, deafness, defendant, a temporary service, refused to hire her for a job at the Scotts Company which required work around heavy machinery. This case was resolved through the entry of a consent decree that provided $80,000 (including attorneys' fees). The decree states that the defendant will provide training about the ADA annually for the two years of the decree to all managers and supervisors in all of its offices and franchises nationwide. The decree further provides that the defendant will report to EEOC, describing the number of applicants who advise them that they are disabled and need accommodation, the outcome of their applications and requests for accommodation, and an explanation as to why any requested accommodation is denied. VON HOFFMAN GRAPHICS, INC., No. AMD-01-CV-2187 (D MD) (Baltimore District Office) Statute: ADA Basis: Disability (deaf) Issue(s): Constructive Discharge; Reas. Accom.; Terms & Cond.; Harassment Litigation: Direct Case: Individual Filed: 07/25/2001 Issue(s): Training/Promotion: Whether defendant refused to provide forklift training for charging party, a maintenance worker, which would have enhanced his promotion potential and hourly rate. Accommodation: Whether defendant refused to accommodate charging party's disability by failing to provide him an interpreter which would have enabled him to receive training. Terms and Conditions: Whether defendant subjected charging party to different terms and conditions of employment, such as excluding him from meetings, because of his disability. Harassment: Whether defendant subjected charging party to harassment by assigning him demeaning tasks and by giving him inferior tools to work with because of his disability. Constructive Discharge: Whether because of defendant's treatment of charging party, including promising charging party a transfer to a higher paying night shift position and summarily rescinding the promise telling charging party he was not worth the extra money, charging party's working conditions became so intolerable that he was forced to resign. Pursuant to a Consent Decree, the defendant agreed to pay the charging party $54,000. In addition, the company is enjoined from violating the ADA and must post notices advising its employees of their right to be free from disability-based discrimination. WAL-MART STORES, INC., No. 01-175-A (ED VA) (Baltimore District Office) Statute: ADA Basis: Disability (deaf) Issue(s): Reas. Accom.; Hiring Litigation: Direct Case: Individual Filed: 08/06/2001 Resolved: 12/28/2002 Issue(s): Whether the defendant refused to provide a deaf applicant a reasonable accommodation during the applicant process and refused to hire her for jobs available at Wal-Mart's Los Lunas Distribution Center in 1998 because of her disability. Pursuant to a Consent Decree in this case, Wal-Mart agreed to settle the charging party's individual claim in this case by paying her $238,038 in relief and agreed to hire her. The decree also provided injunctive relief, notice posting and a job with a three-year effective corporate service date for benefits purposes, reasonable accommodation and a four-year monitoring period. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. WAL-MART, INC. d.b.a. WAL-MART DISTRIBUTION CENTER, No. C2-01—94 (SD OH) (Cleveland District Office) Statute: ADA Basis: Disability (deaf and hard-of-hearing) Issue(s): Reason. Accom; Hiring Litigation: Direct Case: Class Filed: 01/31/2001 Resolved: 01/08/2002 Issue(s): Whether the defendant, at its Grove City, Ohio distribution center, failed to provide qualified interpreters to seven deaf and hard-of-hearing applicants and employees. Pursuant to a Consent Decree entered in this case, Wal-Mart agreed to: pay $709,296 to seven deaf or hard-of-hearing persons who were denied qualified interpreters at the defendant's Grove City, Ohio Distribution Center; pay $38,000 as attorneys fees to a private attorney who intervened on behalf of a deaf employee; offer employment to three persons who are deaf; and, improve its accommodation procedures for deaf and hard-of- hearing applicants and employees at the Distribution Center. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. WAL-MART STORES, INC., No. CV01-0381 M/RLP (D NM) (Phoenix District Office) Statute: ADA Basis: Disability (Hearing Impairment) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 08/06/2001 Resolved: 01/02/2002 Issue(s): Whether the defendant refused to hire the charging party for available jobs at Wal-Mart's Los Lunas Distribution Center in 1998 because of her disability. Pursuant to a Consent Decree entered in this case, Wal-Mart agreed to pay the individual charging party in this case $223,305. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. WAL-MART STORES, INC., No. S-99-0414 GEB DAD (ED CA) (San Francisco District Office) Statute: ADA Basis: Disability (Hearing Impaired) Issues: Prohibited Medical Inquiry/ Exam; Reason. Accom; Discharge Litigation: Direct Case: Class Filed: 03/04/1999 Resolved: 12/17/2001 Issues: Pre-Employment Medical Inquiries: Whether defendant's policy of conducting pre-employment medical inquiries of applicants violates the ADA. Accommodation: Whether defendant refused to provide charging party a reasonable accommodation. Discharge: Whether defendant discharged charging party from his loader/scanner position because of his disability. This case was resolved through the entry of a Consent Decree which established a fund of $3 million to compensate individuals who applied for a job at a Wal-Mart distribution or other disability related information during the interview. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. WAL-MART STORES, INC., No. C-01-0255-MEJ (ND CA) (San Francisco District Office) Statute: ADA Basis: Disability (Partially Paralyzed) Issues: Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 01/15/2001 Resolved: 01/09/ 2002 Issues: Lay-Off/Recall: Whether after charging party was laid-off, defendant refused to recall him while recalling other non-disabled employees with less seniority because of charging party's disability. This case was resolved through the entry of a Consent Decree that provided a settlement of $232,650.97 (which included $5,363.18 back pay, $3,224.82 interest, $668.00 out-of-pocket medical and $223,394.97 compensatory damages) for one individual. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. HEART/CARDIOVASCULAR (W3) Active DETROIT COMMUNITY HEALTH CONNECTION, No. 03-71388 (ED MI) Detroit District Office Statute: ADA Basis: Disability (aneurysm, diabetes, cholesterol, angina) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 08/22/2003 Issues: Whether the defendant failed to hire the charging party because of her disabilities. NABI BIOPHARMACEUTICALS, No. 03-71387 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (renal failure, polycystic renal disease, hypertension, pericardial effusion) Issue(s): Hiring (rehire) Litigation: Direct Case: Individual Filed: 08/22/2003 Issue(s): Whether the defendant violated the ADA when it refused to rehire her following the leave she had taken for treatment of her disability-related problems. HIV (TN) Active FT. AUSTIN LIMITED PARTNERSHIP d.b.a. BROADWAY PLAZA & American Retirement Corporation, No. 3-02-CV-2090-M (ND TX) (Dallas District Office) Statute: ADA Basis: Disability (HIV);Retaliation Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/26/2002 Issue(s): Discharge: Whether defendant retaliated against charging party, an Assistant Director of Nursing, by discharging her on two separate occasions because she refused to comply with defendant-Executive Director's demand to cancel the work schedule of a Certified Nurses Assistant under her supervision who was HIV positive. MARION COUNTY NURSING HOME, INC. dba MAPLE AWN NURSING HOME, No. 4: 04CV00298SNL (ED MO) (St. Louis District Office) Statute: ADA Basis: Disability (HIV) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 03/11/2004 Issue(s): The charging party was terminated when she reported to the nursing home administrator that she had tested positive for HIV. TEAMSTERS LOCAL 804, No. 04 CV 02409 (SD NY) (New York District Office) Statute: ADA Basis: Disability (HIV) Issue(s): Other Case: Individual Filed: 03/26/2004 Issue(s): An agent and officer of Local 804 unlawfully disclosed to two of the charging party's co-workers that the charging party had AIDS. TRIMAR HOLLYWOOD, INC., No. CI-03-9399 DDP (JWJx) (CD CA) (Los Angeles District Office) Statute: ADA Basis: Disability (HIV) Issue(s): Hiring; Discharge Litigation: Direct Case: Individual Filed: 12/23/2003 Resolved: 01/14/2004 Issue(s): The charging party alleged that he was not hired, or in the alternative discharged, after he tested HIV positive; the defendant alleged that the charging party would not have been able to perform the duties of his position of phlebotomist because he posed a direct threat to himself and others due to a risk of HIV transmission. This case was resolved through the entry of a consent decree in which the defendant agreed to pay the charging party $16,500 and expunge materials from his personnel file and agreed not to discriminate because of disability. The defendant further agreed to provide ADA training to all of its managerial employees and meet posting, record-keeping and reporting requirements. Resolved SAMPSON-BLADEN OIL CO., INC., No. 5:02-CV-129-BR(3) (ED NC) (Charlotte District Office) Statute: ADA Basis: Disability (HIV) Issue(s): Confidentiality; Discharge; Terms & Cond. Litigation: Direct Case: Individual Filed: 02/27/2002 Resolved: 03/17/2003 Issue(s): Terms and Conditions: Whether defendant refused to allow charging party to perform certain aspects of his position (lubrication technician) because of his HIV status. Confidentiality: Whether defendant violated the confidentiality provisions of the ADA when its site manager disclosed charging party's HIV positive status to charging party's co-workers. Discharge: Whether defendant discharged charging party because of his disability. In settlement of this lawsuit, the defendant agreed to pay $37,500 to the charging party, a former employee, who had worked as a Lubrication Technician. The defendant further agreed to adopt a written policy that prohibits discrimination on the basis of disability and to distribute the policy to its employees. The company will also conduct training on the policy and on the ADA. TRIMAR HOLLYWOOD, INC., No. CV-03-9399 DDP (JWJx) (CD CA) (Los Angeles District Office) Statute: ADA Disability: HIV Issue(s): Hiring; Discharge Case: Individual Filed: 12/23/2003 Resolved: 01/14/2004 Issue(s): Hiring/Discharge: The charging party alleged that he was terminated, or in the alternative not hired after he tested positive for HIV. The defendant alleged that the charging party would not habe been able to perform the job duties of a phlebotomist because he posed a direct threat to himself and others due to his risk of transmission of HIV. The case was resolved through the entry of a Consent Decree which lasts two years and under which the respondent agreed to pay the charging party $16,500, to expunge materials from his personnel file, to provide discrimination training to all its management employees and to not discriminate on the basis of disability. KIDNEY IMPAIRMENT (W4) Active NABI BIOPHARMACEUTICALS, No. 03-71387 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (renal failure, polycystic renal disease, hypertension, pericardial effusion) Issue(s): Hiring (rehire) Litigation: Direct Case: Individual Filed: 8/22/2003 Issue(s): Whether the defendant violated the ADA when it refused to rehire her following the leave she had taken for treatment of her disability-related problems. JOHNSON CONTROLS, INC., No. 1:03-CV-0109 (WD MI) ( (Detroit District Office) Statute: ADA Basis: Disability (renal failure) Issues: Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 02/18/2003 Issue(s): Accommodation: Whether defendant violated the ADA when it refused to provide the charging party with a reasonable accommodation of extended disability leave pending a kidney transplant. Discharge: Whether the defendant violated the ADA when it terminated her under an alleged "no-fault" leave policy after informing the company about a pending kidney transplant. WAL-MART STORES, INC. d.b.a. WAL-MART DISTRIBUTION CENTER #6012 AND WAL-MART STORES, INC., No. EP-O-CA-0188-EP (WD TX) (San Antonio District Office) Statute: ADA Basis: Disability (total renal failure requiring dialysis) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 06/07/2001 Resolved: 12/28/2001 Issues: Whether defendant failed to hire the charging party, a qualified individual with a disability, because of his disability, total renal failure Pursuant to a Consent Decree entered into in this particular case, the defendants paid the charging party $108,471.57. In addition, the defendants agreed that it would not engage in any other employment discrimination against an employee or job applicant and would not retaliate against the charging party or any other person who exercises rights under the ADA or the Consent Decree. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. Resolved: ARKANSAS MUNICIPAL LEAGUE, No. 4-02-CV-00597 SWW (ED AR) (Memphis District Office) Statute: ADA Basis: Disability (renal failure) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/27/2002 Resolved: 09/28/2003 Issue(s): Accommodation: Whether defendant, a company that administers benefits programs for municipalities in Arkansas, refused to provide charging party, a Licenced Practical Nurse hired as a Medical Review Analyst, a private sanitary location, isolated from other employees, to perform her peritoneal dialysis which was necessary to accommodate her disability, End Stage Renal Disease. Discharge: Whether defendant discharged charging party because of her disability. This case was resolved through the entry of a Consent Decree which provides $25,000 in non-pecuniary compensatory damages for one individual; in addition, the defendant agreed to maintain the records required by employment discrimination statutes and to maintain separate files for medical and personnel records. LEARNING DISABILITY (WH) Active DAIMLER CHRYSLER CORP., No. 03-73829 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (learning disability) Issue(s): Whether the charging party and other similarly-situated individuals with learning disabilities were denied employment because they could not pass the required entrance examination. Litigation: Direct Case: Individual Filed: 06/06/2001 Issue(s): Whether the charging party who applied for a manufacturing position (a position not heavily reliant on the worker's reading skills) asked to have someone read an entrance exam to him as a reasonable accommodation, whether the defendant refused to provide a reader and whether the respondent refused to hire the charging party, and at least one similarly situated individual, because of their learning disabilities, all in violation of the ADA. HOME DEPOT, No. 03 CIV 4860 (ED NY) (New York District Office) Statute: ADA Basis: Disability (mental retardation resulting in learning disabilities) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/24/2003 Issue(s): Reas. Accom./Discharge: Whether the defendant failed to involve the charging party's job coach in the reasonable accommodation process, directed her not to report to work and then terminated her for her resulting absences. PARK NICOLLET HEALTH SERVICES fka HEALTH SYSTEM, No. 04-1711 ADM/AJB (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability: Regarded As Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 04/22/2004 Issue(s): Reason. Accom./Discharge: Following the charging party's recovery from viral encephalitis in 1995, CP returned to work, received treatment for migraine headaches, but was refused an accommodation and was discharged WHITEHALL HOTELS, INC., No. 03 C 6851 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (learning disability) Issue(s): Prohibited Medical Inquiry/Exam.; Reas. Accom Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Whether the defendant's application contained unlawful medical inquiries under the ADA. Whether the defendant hotel violated the ADA refused to accommodate the charging party, a kitchen employee. Resolved KMART CORPORATION, No. 03-2383-KHV (D KS) (St. Louis District Office Statute: ADA Basis: Disability (mental retardation) Issue(s): Hiring Case: Individual Filed: 07/29/2003 Resolved: 03/12/2004 Issue(s): The defendant refused to hire the charging party as a stocker because of his mental retardation, despite the fact that he tested higher on the pre-employment questionnaire that the person subsequently hired. This case was resolved with the entry of a Consent Decree in which the defendant agreed to pay the amount of $60,000 in back pay, compensatory and punitive damages to a Special Needs Trust for the benefit of the charging party. NORTHWEST COMMUNITY ACTION PROGRAMS OF WYOMING, No. 02-CV- 031-D (D WY) (Colorado District Office) Statute: ADA Basis: Disability (learning disability) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 02/12/2002 Resolved: 01/29/03 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disability, a learning impairment, by requiring her to pass a GED test to measure her ability to do the job. Discharge: Whether defendant terminated charging party because of her disability. This case was resolved with the entry of a Consent Decree that provided for payment to the charging party of $80,000, less taxes, as back pay, compensatory damages and interest. In addition defendant is enjoyed from engaging in reprisal or retaliation of any kind, required to comply with the ADA's record keeping and reporting provisions, required to conduct annual training for all its managers and supervisory employees on the subject of compliance with employment discrimination, including the ADA, required to conduct annual training for its non-seasonal employees about compliance with federal laws and required to report every six months, for three years, on its compliance activities. MENTAL RETARDATION (W5) Active AZTEC INN PROPERTIES, No. CIV-02-324 TUC RCC (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (Down Syndrome; mental retardation) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Class Filed: 06/28/2002 Issue(s): Accommodation: Whether defendant, a hotel, failed to provide a reasonable accommodation for charging party's disabilities. Discharge: Whether defendant discharged a class of employees because of their disabilities, mental retardation and Downs syndrome. HOME DEPOT, No. 03 CIV 4860 (ED NY) (New York District Office) Statute: ADA Basis: Disability (mental retardation resulting in learning disabilities) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/24/2003 Issue(s): Reas. Accom./Discharge: Whether the defendant failed to involve the charging party's job coach in the reasonable accommodation process, directed her not to report to work and then terminated her for her resulting absences. KMART CORPORATION, No. 03-2383-KHV (D KA) (St. Louis District Office) Statute: ADA Basis: Disability (mental retardation) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 07/29/2003 Issue(s): Whether the defendant refused to hire the charging party for a stocker position, even though he place in the "Recommended Hire" group based on the charging party's responses to the company's hiring questionnaire. LUBY'S, INC., No. CV-04-1094PHX DGC (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (developmental disability, cerebral palsy with some mental retardation); Retaliation Issue(s): Harassment; Reas. Accom.; Constructive Discharge Litigation: Direct Case: Individual Filed: 05/27/2004 Issue(s): Whether the defendant subjected the charging party to harassment, including physical threats, denied her a reasonable accommodation, retaliated against her by subjecting her to increased harassment after she complained about the harassment and constructively discharging her. RENAISSANCE ROOFING, INC., No. 02-C-50370 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (mental retardation) Issue(s): Discharge; Harassment; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/27/2002 Issue(s): Harassment: Whether because of charging party's disability, mild mental retardation, defendant, a company specializing in clay roofing installation, subjected him to harassment including calling him "stupid" and making him the butt of on- the-job teasing and other mistreatment. Accommodation/Discharge: Whether defendant refused to reasonable accommodate charging party's disability, and terminated him from his warehouse position because of his disability. On March 13, 2003 the federal judge trying the case denied defendant's motion to dismiss the complaint. Defendant claimed that the complaint was insufficient because it did not allege that Burton's purported disability substantially limited one or more major life activities. In denying this motion, the court said: "The complaint is clear that the claim is Burton was harassed, discharged, and not recalled because of his mental retardation." PAUL'S TEACHER'S PET, No. 03-CV-221 (WD NY) (New York District Office) Statute: ADA Basis: Disability (developmental disability) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 03/21/2003 Issue(s): Whether the defendant, a Buffalo-area teaching supply store, discouraged the charging party from applying for a stockroom clerk position as a result of a defendant-manager's statements and prejudice that impeded the charging party's ability to compete for the advertised position. The defendant's store manager told the charging party that he was not interested in working with individuals with disabilities. SPYLEN OF DENVILLE, INC. d.b.a. WENDY'S, No. 02-CV-4091 (D NJ) (Philadelphia District Office) Statute: ADA Basis: Disability (Down Syndrome) Issue(s): Constructive Discharge; Harassment Litigation: Direct Case: Individual Filed: 08/21/2002 Issue(s): Harassment/Hostile Work Environment: Whether defendant subjected charging party to harassment and a hostile work environment, including physical abuse and offensive comments, because of his disability, Down's Syndrome. Constructive Discharge: Whether the harassment was so egregious and offensive that charging party was forced to resign. Resolved DOLLAR GENERAL CORPORATION, No. 5:01-CV-170-H (WD NC) (Charlotte District Office) Statute: ADA Basis: Disability (mental retardation) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/26/2001 Resolved: 05/08/2003 Issue(s): Discharge: Whether defendant, through its District Manager, discharged charging party from her modified clerk job because of her disability, mental retardation. On March 20, 2003 the trial court denied the Defendant's Motion for Summary Judgment in which the defendant asserted that the charging party was not covered by the ADA because she could not perform the basic functions of the job even with her job coach and therefore was not covered by the ADA. In denying the defendant's motion, the court said: "While an employer's description of a position and its statement of essential functions are to be taken into account in determining the nature of the position held, the essence of the inquiry requires a logical, case-by- case examination involving a common sense consideration of various factors, such as what an employee actually does and what she was hired to do." The court further noted the defendant "failed to follow its affirmative obligation to engage in the 'interactive process' to determine what, if any reasonable accommodation would enable [the charging party] to perform any 'essential functions' that she was allegedly failing to perform." This case was resolved through a settlement agreement that provided for $45,000 in damages for the charging party. The agreement further provided that the defendant would include in its monthly newsletter discussing the rights and obligations provided for by the ADA. GMRI, INC. d.b.a. THE OLIVE GARDEN, No. C-01-44-M (D NH) (New York District Office) Statute: ADA Basis: Disability (mental retardation) Issue(s): Harassment; Discharge Litigation: Direct Case: Individual Filed: 02/07/2001 Resolved: 04/03/2002 Issue(s): Harassment: Whether defendant, a nationwide restaurant chain, subjected the charging party, a dishwasher, to daily physical and verbal abuse, because of his mental retardation, including putting him in head locks, pulling down his pants in front of coworkers, and offensive name-calling and teasing. Discharge: Whether defendant discharged the charging party because of his disability. This case was resolved through entry of a Consent Decree providing $115,000 in monetary relief to the charging party and $10,000 in attorney's fees to the New Hampshire Disability Rights Center. The Consent Decree also requires Olive Garden to reasonable accommodate employees with mental retardation by involving the employee's guardian (and where the guardian consents, the employee's job coach) in resolving performance related issues, and to revise and expand the anti-harassment policy in defendant's handbook and to post the revised policy in each of its 478 restaurants. MISSING DIGITS/LIMBS (VA) Active CAPTAIN D'S OF TENNESSEE, No. 3-03-0753 (MD TN) (Memphis District Office) Statute: ADA Basis: Disability Issue(s): Hiring Litigation: Direct Case: Individual Filed: 08/21/2003 Issue(s): Whether the defendant failed to hire the charging party, who had a leg prosthesis, because it would not allow him to use crutches at work. DENCO OF TEXAS, INC., dba DENNY'S 7629, No. G-04-090 (SD TX) (San Antonio District Office: Statute: ADA Basis: Disability (missing lower left arm below the elbow, regarded as) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 02/11/2004 Issue(s): The defendant regarded the charging party, who applied for a hostess/cashier position, as substantially limited in lifting and refused to hire her because it had reservations about her ability to carry serving trays. Motion Control & Stat Temporary Employment Services, No. 3:03CV809 (ED VA) (Baltimore District Office) Statute: ADA Basis: Regarded As (missing fingers) Issue(s): Prohibited Medical Inquiry/Exam; Hiring; Retaliation Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Prohibited Medical Inquiry/Exam: Whether the defendant's application contained questions that constituted pre-offer medical inquiries in violation of the ADA Hiring: Whether the defendant failed to hire the charging party because of his responses to unlawful medical inquiries Retaliation/Discharge: Whether Stat Temporary Employment Services subjected the charging party to retaliation when she told the company that she would seek legal counsel regarding discharge from her temporary job. PACIFIC COMMERCIAL EQUIPMENT, INC., No. C-04–940Z (WD WA) (Seattle District Office) Statute: ADA Basis: Disability (amputation of right hand) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 04/28/2004 Issues: Whether the defendant refused to hire the charging party because of his disability. TUCKER PLUMBING, INC., No. CIV 03-1903 PHX MHM (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (loss of leg below the knee due to complications arising from diabetes) Issue(s): Reas. Accom./Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Reas. Accom.: Whether the defendant failed to engage in the interactive process necessary to determine the medical leave time the charging party required in order to recuperate and filed to provide the necessary medical leave as a reasonable accommodation. Discharge: Whether the defendant terminated the charging party due to his disability. Resolved CARLSON RESTAURANTS WORLDWIDE dba T.G.I. FRIDAY'S, No. H-02-2109 (SD TX) (Houston District Office Statute: ADA Basis: Disability (missing lower right arm, regarded as) Issue(s): Hiring Case: Individual Filed: 03/12/ 2003 Resolved: 08/25/2003 Issue(s): The defendant refused to hire the charging party as a stocker because of his mental retardation, despite the fact that he tested higher on the pre-employment questionnaire that the person subsequently hired. This case was resolved with the entry of a Consent Decree that include payment of $6,300 to the charging party and defendant agreeing to provide a training program on the illegality of employment discrimination to management level employees at its facility where the charging party worked. CONAGRA POULTRY COMPANY, No. 00-2186 (WD LA) (New Orleans District Office) Statute: ADA Basis: Disability (leg amputation due to cancer) Issue(s): Constructive Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/23/2000 Resolved: 11/20/2002 Issues: Accommodation: Whether defendant refused to reasonably accommodate charging party's disability, a leg amputated as a result of bone cancer, after she returned to work as an accounting entry clerk. Constructive Discharge: Whether charging party was forced to resign her employment, in lieu of being discharged, after defendant refused to accommodate her disability and assigned her job duties she was unable to perform. This case was resolved through a settlement agreement which provides for monetary relief of $57,500 for the charging party. HEARTLAND EXPRESS, INC. OF IOWA, No. 1:03-CV-2954BBM (Atlanta District Office Statute: ADA Basis: Disability (above-the-knee amputation) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 09/30/2003 Resolved: 04/02/2004 Issue(s): The defendant refused to hire the charging party as a truck driver. Pursuant to a Consent Decree, the defendant paid the charging party $15,000 and agreed to rescind its nationwide policy against hiring amputees as truck drivers. Defendant also agreed to provide training on the ADA to its management employees in Atlanta, GA and to its human resources staff and managers at its headquarters' facility in Iowa. K-B TELEVISION AND APPLIANCE CO., 02C9128 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (amputated right hand; prosthetic hand) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 12/17/2002 Resolved: 07/17/2003 Issue(s): Hiring: Whether the defendant refused to offer the charging party a position as a driver/stocker because of charging party's disability. The case was resolved by a jury verdict for the defendant. SWIFT TRANSPORTATION CO., INC., No. CIV-01-0926 (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (loss of leg) Issue(s): Hiring Litigation: Direct Case: Individual Filed: 06/15/2001 Issue(s): Hiring: Whether because of charging party's disability, defendant refused to hire her as a claims adjuster and instead hired a less qualified person to fill the position. The EEOC's portion of the case was resolved through the entry of a consent decree that provided injunctive relief, record keeping, reporting to the EEOC and notice posting. ZAPPALA FARMS, LLC, No. 5:02-CV-1220 (ND NY) (New York District Office) Statute: ADA Basis: Disability (severed right hand); Retaliation Issue(s): Discharge; Wages Litigation: Direct Case: Individual Filed: 09/25/2002 Resolved: 10/15/2003 Issue(s): Wages: Whether because of charging party's disability, a severed right hand, defendant reduced his salary from $7.00 per hour to $5.15, thereby paying him less than non-disabled employees for doing the same work of a contract laborer. Retaliation: Whether defendant fired the charging party when he refused to sign a contract for the lower hourly rate. This case was resolved through a consent decree which provides a total of $13,000 in compensatory damages, $3,000 to be used for anti- discrimination training and $4,000 in attorneys fees. In addition, defendant has instituted both anti-discrimination and reasonable accommodation policies and providing, in English and Spanish, copies of these policies to its employees. In addition, defendant agreed to provide ongoing anti- discrimination training for its managers and employees. MULTIPLE SCLEROSIS (WJ) Resolved ** PHILLIPS EDISON & CO., No. 1:03CV02650 (Baltimore District Office Statute: ADA Basis: Disability (Multiple Sclerosis) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/15/2003 Resolved: 06/30/2004 Issue(s): Discharge: Whether the defendant discharged the charging party because of her disability. This case was resolved through the entry of a Consent Decree that provided defendant would pay the charging party $52,695, less legally required deductions, and $8,305 in attorneys fees. The defendant further agreed to provide ADA training to the individual who was its Chief Executive Officer during the time covered by the charge and to its current Baltimore, Maryland staff. TARGET STORES, No. 01-1646 (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (Multiple Sclerosis); Retaliation Issue(s): Confidentiality; Demotion; Other (transfer); Reas. Accom. Litigation: Direct Case: Individual Filed: 09/06/2001 Resolved: 01/15/2003 Issue(s): Accommodation: Whether when charging party's physical strength deteriorated due to her disability defendant refused to provide her with the accommodation of a transfer to her old vacant position of Executive Team Leader Softlines, which would have required less physical demands. Also, whether defendant refused to provide charging party a reasonable accommodate in her Guest Service Team Leader position that would have decreased the amount of walking she was required to do. Demotion: Whether because defendant refused to provide charging party reasonable accommodations, charging party was forced to accept a demotion to a non-executive position with less pay. Disclosure of Confidential Medical Information: Whether when defendant was asked for a reference by an employer, Bath & Body Works, Inc., that was considering charging party for a job, defendant violated the ADA's confidentiality requirement by disclosing that she had multiple sclerosis. The case was resolved through the entry of a Consent Decree that provided that the defendant would: pay $95,000 to the charging party; provide ADA-related training to its management personnel; maintain records required by federal law; and, continue to maintain its anti- harassment policy. UNITED AIR LINES, INC. dba UNITED AIRLINES, No. 03C000812 (ED IL) (Chicago District Office) Statute: ADA Basis: Disability (Multiple Sclerosis); Retaliation Issue(s): Reas. Accom. Litigation: Direct Case: Individual Filed: 02/04/2003 Resolved: 04/16/2004 Issue(s): Accommodation: Whether defendant subjected the charging party to discrimination when it failed to provide her a reasonable accommodation and placed her on unpaid, involuntary sick leave effectively ending her employment Retaliation: Whether defendant subjected the charging party to retaliation for having complained of the discriminatory treatment by placing her on unpaid involuntary sick leave. This case was resolved through the entry of a consent decree ORTHOPEDIC/STRUCTURAL BACK IMPAIRMENT (T3) Active E.I. Du Pont de Nemours dba DuPont Speciality Chemicals, No. 03-1605 Sect. R Mag. 4 (ED LA)(New Orleans District Office) Statute: ADA Basis: Disability (scoliosis of the lumbar spine, lumbar disc disease with sciatica, lumbar spinal stenosis with compression neuropathy, neurogenic bladder, cervical spondylosis, previous cervical disc disease with surgical fusion, reactive depression) Issues: Prohibited Medical Exam/Inquiry; Discharge Case: Individual Filed: 06/05/2003 Issue(s): Prohibited Medical Exam/Inquiry: Whether defendant violated the ADA when it required the charging party to take a functional capacity evaluation which was neither job-related nor consistent with business necessity. Discharge: Whether defendant violated the ADA by forcing her onto short term disability and then long term disability and then terminated her because of her disabilities. SELECT SPECIALITY HOSPITAL – MACOMB COUNTY, INC., (ED MI) (Detroit District Office Statute: ADA Basis: Disability (regarded as; CP had indicated she had back surgery) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/24/2003 Resolved: 09/30/2003 This case was resolved through the entry of a consent decree. The defendant agreed to pay the charging party $9,000 in back pay, to provide a mandatory training program (which will focus on the ADA) to all management and supervisory personnel at it Macomb County facility who participate in personnel decision making. Resolved CENTRAL CORPORATE CREDIT UNION, No. 02-73913 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (cervical spondylosis) Issue(s): Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/30/2002 Resolved: 10/23/2002 Issue(s): Accommodation: Whether defendant refused to provide charging party a reasonable accommodation for her disability, cervical spondylosis, by not allowing her to return to work from a medical leave of absence with a temporary work restriction of a three day work week. Discharge: Whether defendant discharged charging party because of her disability. This case was resolved through entry of a Settlement Agreement that provided $20,000 in monetary relief to the charging party. Defendant further agreed to provide ADA training for its staff DELTA AIRLINES, No. 02-1451-A (ED VA) (Washington Field Office) Statute: ADA Basis: Disability (back condition) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/30/2002 Resolved: 05/28/2003 Issue(s): Accommodation: Whether defendant failed to reasonably accommodate the disability of charging party, a back condition. Discharge: Whether defendant discharged charging party because of her disability. This case was resolved through the entry of a Consent Decree that required Delta to pay the charging party $37,000 in damages and required Delta to provide additional ADA training to its employees. IBP FOODS, INC./TYSON FOODS, No. 03-73825 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (back impairment, regarded as disabled) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Resolved: 09/29/2003 Issue(s): Discharge: Whether the defendant violated the ADA when it discharged him from his forklift operator position when it learned in the course of a casual conversation that he had been honorably discharged from the military due to a back impairment. Pursuant to the entry of a Consent Decree filed with the Complaint, the charging party was paid a fair compensation. MONSANTO COMPANY, No. 403CV00206CDP (ED MO) (St. Louis District Office) Statute: ADA Basis: Disability (lumbar spondylosis and meningeal cysts) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 02/19/2003 Resolved: 11/05/2003 Issue(s): Reas. Accom.: Whether the defendant failed to provide a reasonable accommodation to the charging party. Discharge: Whether the defendant terminated the charging party because of his disability. Pursuant to a consent decree, the defendant agreed to pay the charging party $500 in backpay and $4,826 in compensatory damages. The defendant further agreed to pay $175.00 in attorney's fees. SELECT SPECIALITY HOSPITAL – MACOMB COUNTY, INC., No. 03-73671 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (Back Impairment, regarded as) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 09/24/2003 Resolved: 09/24/2003 Pursuant to an agreement between the parties, the defendant agreed to compensate the charging party for her lost wages and agreed to comply with the ADA in the future. ** QUALITY FOODS COOPERATIVE, INC., No. 6:03cv00068 (WD VA) (Baltimore District Office) Statute: ADA Basis: Disability (impairment of left hand, arm and wrist) Issue(s): Prohibited Medical Inquiry/Exam; Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/11/2003 Resolved: 06/01/2004 Issue(s): Prohibited Medical Inquiry/Exam: Whether defendant violated the ADA by requiring that she not return to work without a "full release" (i.e., a requirement that a doctor's document that she has no medical limitations) Reas. Accom./Discharge: Whether the defendant failed to accommodate the charging party by not requiring him to perform a voluntary duty, which he could not perform because of his physical limitations, and then terminating him when he could not get released "to full duty with no restrictions." This case was resolved through the entry of a Consent Decree in which the defendant agreed to pay the charging party $13,500 in back pay and compensatory damages and to provide training to its management team regarding the ADA's prohibition against discrimination on the basis of disability. SNACK TIME SERVICES, INC., No. 02-40215 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (lupus, an autoimmune disease; degenerative disk disease) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 08/05/2002 Resolved: 01/26/2003 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disabilities, Lupus and degenerative disk disease, by placing her on several jobs that required heavy lifting and otherwise giving her job assignments that it knew she would have difficulty performing. Discharge: Whether defendant discharged charging party because of her disabilities. This case was resolved through the entry of a Consent Decree in which the defendant agreed: to pay the charging party $13,000; and, to provide training to its supervisory personnel which focuses on the ADA's reasonable accommodation requirement and its prohibition against disability discrimination. OTHER DISABILITY (Z2) Active AMERICAN STANDARD dba TRANE CO., No. 3:03-0904 (MD TN) (Memphis District Office) Statute: ADA Basis: Disability (Spasmodic Dysphoria, a condition substantially limiting her ability to speak) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Reas. Accom.: Whether the defendant failed to provide the charging party with a reasonable accommodation when it failed to provide her with an amplifier required for telephone use and required her to take medical leave. Discharge: Whether the defendant discharged the charging party because of her disability. AMMEX DETROIT, No. 03-A2-01191 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (Post Polio Syndrome with resulting substantial limitations on the charging party's ability to stand for long periods of time, walk or climb stairs) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Reas. Accom./Discharge: Whether defendant violated the ADA by failing to provide the charging party with a reasonable accommodation (providing her with a chair or stool at her work station so that she could rest her legs) and laid her off the day following her request for the accommodation. BOSTON MARKET CORPORATION, No. 03-CV-4227 (ED NY) (New York District Office) Statute: ADA; Title VII Basis: Disability (Asperger's Syndrome, emotional handicap, learning disabilities, Attention Deficit Hyperactivity Disorder); Gender (female); Retaliation Issue(s): Harassment; Constructive Discharge Litigation: Direct Case: Individual Filed: 08/26/2003 Issue(s): Harassment: Whether the defendant subjected the charging party to harassment and a hostile work environment because of her disabilities and because of her gender. Retaliation: Whether the charging party was subjected to retaliation because she opposed practices made unlawful by the ADA and Title VII. Constructive Discharge: Whether the charging party was constructively discharged because of her opposition to unlawful employment practices and in retaliation for her opposition to those activities. CEDARS HEALTHCARE GROUP LTD dba COLUMBIA CEDARS, No. 02-22913- CIV-GRAHA (SD FL) (Miami District Office) Statute: ADA Basis: Disability (bilateral hip dysplasia with limited ability to walk) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/30/2002 Issue(s): Accommodation: Whether defendant refused to provide charging party, an Orthopedics Nurse Manger, a motorized wheelchair, and further refused to transfer charging party into another position appropriate for charging party's disability, bilateral hip dysplasia which limited her ability to walk. Discharge: Wether defendant discharged charging party because of her disability. DAIMLER CHRYSLER CORPORATION, No. IP01-0299-C-M/S (SD IN) (Philadelphia District Office) Statute: ADA Basis: Disability (multiple) Issue(s): Record Keeping; Terms & Cond. Litigation: Direct Case: Class Filed: 03/05/2001 Issue(s): Transfer: Whether because of their disabilities, defendant refuses to allow qualified employees with disabilities to transfer to other departments within the corporation. Record keeping: Whether defendant failed to preserve records required under the ADA relevant to the determination of whether unlawful employment practices have been or are being committed. DAMLIER CHRYSLER CORPORATION, No. 03-75137 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (other - physiological disorder of sense organs which substantially impairs her ability to see and hear) Issue(s): Reas. Accom.; Terms & Cond. (suspended without pay) Litigation: Direct Case: Individual Filed: 12/23/2003 Issue(s): Reason. Accom.: defendant failed to provide the charging party with a reasonable accommodation of sign language interpreter and a modified start time. Terms & Cond.: defendant suspended the charging party without pay based on her disability. FEDERAL EXPRESS CORPORATION, No. 94-2862 DA (WD TN) (Memphis District Office) Statute: ADA Basis: Disability (Multiple) Issue(s): Benefits Litigation: Direct Case: Class Filed: 09/18/1995 Issue(s): Terms and Conditions: Whether defendant violated the ADA by denying charging party and others the privilege of riding jump seat in defendant's airplanes because of their disabilities. JACK OF ALL TRADES PERSONNEL SERVICES, INC., No. 3:04-CV-338-H (Dallas District Office) Statute: ADA Basis: Disability (disability, regarded as) Litigation: Direct Case: Class Filed: 02/10/2004 Issue(s): Prohibited Medical Exam/Inquiry: Whether the defendant violated the ADA by requiring the charging party and other class members to submit to a medical examination, after completion of employment applications, but before an offer of employment was made Hiring: Whether defendant failed to hire class members because of the individuals' disabilities or because it regarded them as having disabilities NORTHWEST AIRLINES, INC., No. 01-705 M.D./JCL (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (possible loss of consciousness) Issue(s): Hiring; Reas. Accom. Litigation: Direct Case: Class Filed: 04/25/2001 Issue(s): Hiring/Reason. Accom.: Whether defendant's policy against hiring persons with disabilities that allegedly pose a risk of sudden loss of consciousness into the positions of Equipment Service Employee or Aircraft Cleaner violates the ADA. ** GENESYS REGIONAL MEDICAL CENTER, No. 2:04CV72425 (Detroit District Office) Statute: ADA Basis: Disability (mobility impairment) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 06/30/2004 Issue(s): Reas. Accom.: Whether the defendant hospital failed to reasonably accommodate the charging party's disability and terminated her because of her mobility impairment and her need for an accommodation. S.P.S. TEMPORARIES, INC., PROFESSIONAL MANAGEMENT CORPORATION, JAMESTOWN CONTAINER COMPANIES AND WHITING DOOR MANUFACTURING CORPORATION, No. 04-CV-0052(E)(S) (WD NY) (New York District Office) Statute: ADA, Title VII, ADEA Issue(s): Failure to Refer Litigation: Direct Case: Class Filed: 01/27/2004 Issue(s): SPS: failure to refer temporary employees for assignment based on disability, race, sex, pregnancy, national origin and age; use of pre- offer medical questionnaires, intentional destruction of evidence during investigation. Jamestown: made requests for temporary workers based on race and sex. Whiting Door: made requests for temporary workers based on sex. WHITEHALL HOTELS, INC., No. 0c c 6851 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability Issue(s): Prohibited Medical Inquiry/Exam.; Reas. Accom Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Prohibited Medical Inquiry/Exam.: Whether the defendant made applicants, including the charging party, answer questions about possible disabilities when they applied for jobs. Reas. Accom.: Whether the defendant refused to provide a reasonable accommodation to the charging party who worked in defendant's kitchen. Resolved FAMILY DOLLAR STORES OF ARKANSAS, INC., No. 2:01-CV-00011 (ED AR) (Memphis District Office) Statute: ADA Basis: Disability (injury-related impairment of right arm) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 12/13/2001 Resolved: 05/08/2003 Issue(s): Discharge: Whether defendant discharged charging party from her store manager position because of her disability. This case was resolved by the entry of a Consent Decree that included $45,000 in payments to the charging party and requires that the defendant report to EEOC, for three years, on all employees with disabilities who are involuntarily terminated in the district which includes the Hughes, Arkansas Family Dollar Store. FORD MOTOR COMPANY, No. 02-73914 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (fibromyalgia) Issue(s): Reas. Accom. Litigation: Direct Case: Individual Filed: 09/30/2002 Resolved: 11/27/2002 Issue(s): Accommodate: Whether defendant refused to accommodate charging party's disability, fibromyalgia, which required assigning her to work the first shift to accommodate her medical regiment. This case was resolved through a Settlement Agreement that provided $5,000 in monetary relief for the charging party and an agreement by defendant to provide the charging party the accommodation he sought; namely, being assigned to the first shift. Rom & COLFAX Treating Company, No. 03-1087-A (WD LA) New Orleans District Office Statute: ADA Basis: Disability (Crohn's Disease) Issue(s): Discharge Case: Individual Filed: 06/06/2003 Resolved: 02/11/2004 Issues: Discharge: Whether the charging party was discharged from his Human Resources Director position with COLFAX Treating Company when this defendant learned he had Crohn's Disease and the treatment for disease would be $6,000. Defendant COLFAX Treating Company was self- insured. This case was resolved when the court granted EEOC's motion for a voluntary dismissal. SNACK TIME SERVICES, INC., No. 02-40215 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (lupus, an autoimmune disease; degenerative disk disease) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 08/05/2002 Resolved: 01/26/2003 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disabilities, Lupus and degenerative disk disease, by placing her on several jobs that required heavy lifting and otherwise giving her job assignments that it knew she would have difficulty performing. Discharge: Whether defendant discharged charging party because of her disabilities. This case was resolved through the entry of a Consent Decree in which the defendant agreed: to pay the charging party $13,000; and, to provide training to its supervisory personnel which focuses on the ADA's reasonable accommodation requirement and its prohibition against disability discrimination. SPEEDWAY SUPERAMERICA LLC, No. 02-3732JRT/FLN (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (Multiple) Issue(s): Confidentiality Litigation: TRO Case: Class Filed: 09/27/2002 Resolved: 10/02/2003 Issue(s): Confidentiality: Whether defendant violated the ADA by advising potential employers that charging party and others were on long term disability leave. This was resolved with the entry of a Stipulation, Order of Injunction and Consent Decree that provided $95,000 in backpay, $5,000 in attorney's fees, injunctive relief (non-disclosure of long term disability payment states in reference checks); training for all payroll department employees on maintenance of confidentiality of medical information; creation and dissemination of anti-discrimination policy; and, a 3-year recordkeeping and report requirement. OTHER NEUROLOGICAL (WL) Active AUTOLIV A S P, No. 1:03CV00110 TS (D UT) (Phoenix District Office) Statute: ADA Basis: Disability (impairment to cervical spine and right arm) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issues: Reas. Accom.: Whether the defendant violated the ADA by failing to provide the charging party with a reasonable accommodation. Discharge: Whether the defendant terminated the charging party because of her disability. E.I. Du Pont de Nemours dba DuPont Speciality Chemicals, No. 03-1605 Sect. R Mag. 4 (ED LA) (New Orleans District Office) Statute: ADA Basis: Disability (scoliosis of the lumbar spine, lumbar disc disease with sciatica, lumbar spinal stenosis with compression neuropathy, neurogenic bladder, cervical spondylosis, previous cervical disc disease with surgical fusion, reactive depression) Issues: Prohibited Medical Exam/Inquiry; Discharge Case: Individual Filed: 06/05/2003 Issues: Prohibited Medical Exam/Inquiry: Whether defendant violated the ADA when it required the charging party to take a functional capacity evaluation which was neither job-related nor consistent with business necessity. Discharge: Whether defendant violated the ADA by forcing her onto short term disability and then long term disability and then terminated her because of her disabilities. SEARS, ROEBUCK AND COMPANY, INC., No. 97-C 3971 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (diabetes; neuropathy) Issue(s): Other; Reas. Accom. Litigation: Direct Case: Individual Filed: 06/12/1997 Issue(s): Accommodation: Whether defendant refused to provide a reasonable accommodation for charging party's physical impairment by not allowing her to enter the workplace without having to walk long distances to her department and not allowing her to eat her lunch in a stock room close to her department. Resolved GENERAL ELECTRIC COMPANY, No. 1-01-1137 (WD TN) (Memphis District Office) Statute: ADA Basis: Disability (severe chronic nerve pain) Issue(s): Failure to reinstate Litigation: Direct Case: Individual Filed: 04/26/2001 Resolved: 12/23/2002 Issue(s): Failure to Reinstate: Whether because charging party was receiving narcotic medication for his disability, defendant refused to reinstate him to his general factory operator/welder position after his physician released him to return to work with no restrictions. This case was resolved by settlement agreement filed with the trial court. As part of this settlement, the defendant agreed to pay the charging party $25,000, less applicable withholdings. The settlement also included reporting requirements for the defendant for the 18-month period of the settlement agreement. SEAGATE TECHNOLOGY, INC., No. 02-CV-1288 (D MN) (Milwaukee District Office) Statute: ADA Basis: Disability (neurofibromatosis) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 06/14/2002 Resolved: 10/23/03 Issue(s): Reasonable Accommodation: Whether after charging party returned to work with restrictions that prevented him from performing essential functions of his job as a shipping and receiving clerk, defendant refused to accommodate him by reassigning him to a vacant machine operator position which was his previous job with defendant. Discharge: Whether defendant discharged charging party because of his disability. The court granted summary judgment for the defendant holding that the charging party's limitations in the major life activities of sleeping, eating, caring for himself, concentrating, lifting and bending were not substantially limited. PARALYSIS (WK) Active UNION ELECTRIC STEEL CORP., No. 022228 (WD PA) (Philadelphia District Office) Statute: ADA Basis: Disability (paraplegia; regarded as) Case: Individual Issue(s): Hiring Litigation: Direct Case: Individual Filed: 12/30/2002 Issue(s): Hiring: Whether the defendant failed to hire the charging party because of his disability, paraplegia, despite his qualifications for a CAAD position, for which he applied through the services of a temporary agency, Tech Aid. Despite defendant's verbal agreement to hire the charging party, the defendant, after observing the charging party using a wheelchair to ambulate, defendant withdrew its offer of employment. Resolved R.R. DONNELLEY & SONS COMPANY, INC., No. 01-C-4218 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (paraplegia); Retaliation Issue(s): Confidentiality; Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 06/06/2001 Resolved: 01/16/2003 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disability. Discharge: Whether because of charging party's disability defendant discharged him from his temporary graphic technician position. This case was resolved through the entry of a Consent Decree in which the defendant agreed: to payment of $150,000 to the charging party; to train all its managers at the Elgin facility about disability discrimination; and, to ensure that all of the human resources personnel through its 31,000 employee operation have received such training. Q STOP LLC & QUICK STOP LLC, No. 4:02-CV-01039 (ED MO) (St. Louis District Office) Statute: ADA Basis: Disability (paralysis of right leg) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 07/09/2002 Resolved: 03/19/2003 Issue(s): Discharge: Whether defendant discharged charging party because of her disability, paralysis of her right leg because of polio. This case was settled with the defendant payment of $35,000 to the charging party who was terminated due to her polio and her need to use crutches. The defendant also was required to distribute a policy against disability discrimination to its managers. THE EDGE COMPANY & RETAIL EQUITY PARTNERS, INC., No. C-02-18-JM (D NH) (New York District Office) Statute: ADA Basis: Disability (quadriplegia) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 01/17/2002 Resolved: 04/30/2003 Issue(s): Accommodation: Whether defendant denied charging party, a quadriplegic with limited use of his hands, a reasonable accommodation by not exploring different methods for him to fill out forms, which was an essential function of his job. Discharge: Whether defendant discharged charging party because of his disability. This case was resolves with a payment of $25,000 in monetary damages to compensate the charging party. WAL-MART STORES, INC., No. C-01-0255-MEJ (ND CA) (San Francisco District Office) Statute: ADA Basis: Disability (Partially Paralyzed) Issues: Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 01/15/2001 Resolved: 01/09/2002 Issues: Lay-Off/Recall: Whether after charging party was laid-off, defendant refused to recall him while recalling other non-disabled employees with less seniority because of charging party's disability. This case was resolved through the entry of a Consent Decree that provided a settlement of $232,650.97 (which included $5,363.18 back pay, $3,224.82 interest, $668.00 out-of-pocket medical and $223,394.97 compensatory damages) for one individual. Parties to this decree also resolved 12 other ADA lawsuits brought by EEOC in 11 states. The global agreement provided $6.8 million dollars in damages for aggrieved individuals. This agreement described two separate funds to compensate alleged victims of discrimination: a $3.8 million fund for identified charging parties and aggrieved individuals in the current suit and the 12 other EEOC-filed lawsuits, and a $3 million fund to provide damages for individuals yet to be identified who were allegedly harmed by the pre-employment practices and other ADA violations. PSYCHIATRIC DISABILITIES POST-TRAUMATIC STRESS DISORDER (U6) Active LAND AIR EXPRESS OF NEW ENGLAND, LTD, No. CV-02-36-B-S (D ME) (New York District Office) Statute: ADA Basis: Disability (depression; Post-Traumatic Stress Disorder) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 02/27/2002 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disability by denying her a leave of absence to treat symptoms of depression and post traumatic stress disorder. Discharge: Whether defendant terminated charging party because of her disability. OTHER ANXIETY DISORDER (UA) Resolved HALLIBURTON ENERGY SERVICES, No. V-01-74 (SD TX) (San Antonio District Office) Statute: ADA Basis: Disability (anxiety disorder; depression) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 07/09/2001 Resolved: 02/12/2003 Issue(s): Discharge: Whether because of her disability defendant terminated charging party from her Senior Administrative Specialist position during a reduction in force. Under the terms of the settlement agreement, the defendant is to pay the surviving spouse of the charging party $35,000 in compensatory damages. DEPRESSION (UB) Active E.I. Du Pont de Nemours dba DuPont Speciality Chemicals, No. 03-1605 Sect. R Mag. 4 (ED LA) (New Orleans District Office) Statute: ADA Basis: Disability (scoliosis of the lumbar spine, lumbar disc disease with sciatica, lumbar spinal stenosis with compression neuropathy, neurogenic bladder, cervical spondylosis, previous cervical disc disease with surgical fusion, reactive depression) Issues: Prohibited Medical Exam/Inquiry; Discharge Case: Individual Filed: 06/05/2003 Issues: Prohibited Medical Exam/Inquiry: Whether defendant violated the ADA when it required the charging party to take a functional capacity evaluation which was neither job-related nor consistent with business necessity. Discharge: Whether defendant violated the ADA by forcing her onto short term disability and then long term disability and then terminated her because of her disabilities. MID ATLANTIC MEDICAL SERVICES, INC., No. 03-2200 (ED PA) (Philadelphia District Office) Statute: ADA Basis: Disability (severe depression & bipolar disorder) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 04/08/2003 Issue(s): Reasonable Accommodation: Whether the defendant violated the ADA when it refused the charging party's request for three weeks of unpaid leave to allow for her to adjust to new medications she was taking for her disability. Discharge: Whether the defendant violated the ADA when the charging took the leave, after the defendant refused to grant her request for an accommodation, and discharged her for being absent without leave. Resolved HALLIBURTON ENERGY SERVICES, No. V-01-74 (SD TX) (San Antonio District Office) Statute: ADA Basis: Disability (anxiety disorder; depression) Issue(s): Discharge Litigation: Direct Case: Individual Filed: 07/09/2001 Resolved: 02/12/2003 Issue(s): Discharge: Whether because of her disability defendant terminated charging party from her Senior Administrative Specialist position during a reduction in force. Under the terms of the settlement agreement, the defendant is to pay the surviving spouse of the charging party $35,000 in compensatory damages. LAND AIR EXPRESS OF NEW ENGLAND, LTD, No. CV-02-36-B-S (D ME) (New York District Office) Statute: ADA Basis: Disability (depression; Post-Traumatic Stress Disorder) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 02/27/2002 Resolved: 04/11/2003 Issue(s): Accommodation: Whether defendant refused to accommodate charging party's disability by denying her a leave of absence to treat symptoms of depression and post traumatic stress disorder. Discharge: Whether defendant terminated charging party because of her disability. This case was resolved by the entry of a Consent Decree by which the defendant agreed to pay the charging party and his private attorneys $360,000. In addition, the defendant: is enjoined from violating the ADA; must distribute to all employees a policy on accommodation of individuals with disabilities and include this policy in its employee handbook; and, must provide its managers with four hours of training on the requirements of the ADA. LINDLEY & ROADWAY EXPRESS, INC., No. 6:02-3231-25-BI (D SC) (Charlotte District Office) Statute: ADA Basis: Disability (depression) Issue(s): Confidentiality; Harassment Litigation: Direct Case: Individual Filed: 09/30/2002 Resolved: 05/14/2003 Issue(s): Confidentiality/Harassment: Whether defendant violated the confidentiality provisions of the ADA when its supervisor announced at a staff meeting that charging party, who was being treated for severe depression, was not at work because "he was in the nuthouse." This case was resolved through a Consent Decree which provides for payment of $15,000 to the charging party. Defendant further agreed not to subject applicants or employees to discrimination based on their disability or on retaliation against any person that has opposed a practice made unlawful by the ADA. The defendant further agreed to maintain the confidentiality of information about its employees medical conditions or histories in accordance with the ADA and will implement and disseminate a written policy concerning the maintenance of employee medical information. In addition, training regarding this policy will be offered to all management and supervisory personnel at the facility where the charging party worked. MANIC DEPRESSION (BI-POLAR) (UC) Active APRIA HEALTHCARE GROUP, INC., No. 4:04-CV-0443 (ED MO) (St. Louis District Office) Statute: ADA Basis: Disability (bipolar disorder) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 04/14/2004 Issue(s): Whether the defendant failed to provide reasonable accommodations and terminated the charging party because of her disability. MID ATLANTIC MEDICAL SERVICES, INC., No. 03-2200 (ED PA) (Philadelphia District Office) Statute: ADA Basis: Disability (severe depression & bipolar disorder) Issue(s): Reas. Accom.; Discharge Litigation: Direct Case: Individual Filed: 04/08/2003 Issue(s): Reasonable Accommodation: Whether the defendant violated the ADA when it refused the charging party's request for three weeks of unpaid leave to allow for her to adjust to new medications she was taking for her disability. Discharge: Whether the defendant violated the ADA when the charging took the leave, after the defendant refused to grant her request for an accommodation, and discharged her for being absent without leave. Resolved AURORA CUSTOM MACHINING, INC., No. 02-C-6590 (ND IL) (Chicago District Office) Statute: ADA Basis: Disability (Manic Depression/Bipolar Disorder) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 09/16/2002 Resolved: 04/28/2003 Issue(s): Accommodation/Discharge: Whether defendant, small manufacturer of locomotive and pump parts, failed to reasonably accommodate the disability of charging party, a quality control inspector, by refusing to give him a medical leave of absence while he was hospitalized with a manic depressive episode, and subsequently terminating him. This case was resolved through a Consent Decree which provides for payment of $25,000 to the charging party. Defendant further agrees to adopt and distribute a policy against disability discrimination and to train its employees with regard to the ADA. VOSS ELECTRIC COMPANY dba VOSS LIGHTING, No. CIV-02-0092C (WD OK) (Dallas District Office) Statute: ADA Basis: Disability (Manic Depression/Bipolar Disorder) Issue(s): Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 01/24/2002 Resolved: 03/17/2003 Issue(s): Accommodation: Whether defendant unreasonably denied charging party an accommodation of a leave of absence necessary to receive mental health treatment for his bipolar disorder and major depression. Discharge: Whether defendant terminated charging party because of his disability. In this case, the defendant had filed a motion to dismiss the EEOC's lawsuit, but the court denied the defendant's motion. The Court ruled that EEOC had submitted evidence that the employee's mental illness, at the time of his termination, severely impaired a number of major life activities, including thinking, interacting with others, communicating with others, and the ability to care for himself. The defendant had argued that at the time of his termination, the former employee was unable to perform the essential functions of his job. The Court, however, ruled that a jury should determine whether the employee was entitled to a reasonable medical leave to enable him to recover sufficiently to return to his former position. After the Court's ruling, the parties reached an agreement embodied in a Consent Decree that provided that the defendant would pay the charging party $91,250 in damages. OTHER PSYCHIATRIC DISORDERS (UE) Resolved SERVICE MANAGEMENT SYSTEMS, INC., No. 03-5061 (WD AR) (Memphis District Office) Statute: ADA Basis: Disability (mental impairment) Issue(s): Constructive Discharge; Reas. Accom. Litigation: Direct Case: Individual Filed: 02/27/2002 Resolved: 05/13/2004 Issue(s): Accommodation: Whether defendant refused to accommodate charging party by failing to accommodate her work schedule needs. Constructive Discharge: Whether defendant constructively discharged the charging party because of her need for an accommodation and her disability. This case was resolved through the entry of a Consent Decree in which the defendant agreed to pay the charging party $46,873 in damages and $28,127 in attorney's fees. In addition, the defendant agreed to conduct a training session on the ADA for all management and non-management employees at its Northwest Arkansas Mail facility in Fayetteville, Arkansas and to provide copies of its ADA policy to all of its employees at the facility noted above. The decree include reporting requirements for 35 months. SCHIZOPHRENIA (UD) Active WORLDWIDE FLIGHT SERVICES, INC. & AMERICAN AIRLINE, No. 00-482-L (D RI) (New York District Office) Statute: ADA Basis: Disability (schizophrenia) Issue(s): Hiring; Prohibited Medical Inquiry/Exam. Litigation: Direct Case: Class Filed: 09/26/2000 Issue(s): Unlawful Inquiries: Whether defendant required charging party to take a drug test and respond to unlawful inquiries before making a conditional offer of employment. VISION IMPAIRMENT (Z1) Active CITGO PETROLEUM CORPORATION, No. CIV-03-1363-R (WD OK) (Dallas District Office) Statute: ADA Basis: Disability (juvenile retinoschisis), Regarded as Disabled & Record of Disability Issue(s): Hiring; Discharge Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s: Hiring: Whether the defendant violated the ADA when it refused to hire the charging party into a permanent position because of his disability, because it regarded him as an individual with a disability or because he had a record of a disability. Discharge: Whether the defendant terminated the charging party from his position as a temporary employee for the same reasons. ECHOSTAR COMMUNICATIONS CORP nka DISH LTD, No. 02-M-0581 (D CO) (Denver District Office) Statute: ADA Basis: Disability (blind) Issue(s): Hiring; Reas. Accom. Litigation: Direct Case: Individual Filed: 03/21/2002 Issue(s) Accommodation: Whether defendant, a satellite communications company, discriminated against charging party, who is blind, by failing to provide him with an alternative method of taking an employment test after charging party told defendant his braille skills were not strong, and he preferred a reader. Hiring: Whether defendant refused to hire charging party into a costumer service position because of his disability. PROTOCOL COMMUNICATIONS, INC. aka CANICOM, INC., and SOUTHSIDE PERSONNEL SERVICES, INC. dba UNITED PERSONNEL, INC., No. 02-RB- 2161 (BDB) (D CO) (Denver District Office) Statute: ADA Basis: Vision Impairment Issue(s): Reason. Accom.; Discharge Litigation: Direct Case: Individual Filed: 11/18/2002 Issue(s): Reasonable Accommodation: Whether the defendants violated the ADA when they failed to provide the charging party, who was blind, with the computer-related assistive technology that would have allowed him to perform the duties of his job. Discharge: Whether the defendants violated the ADA when they refused to provide him with the assistive technology that would enable him to perform the duties fo the job for which he was hired and then terminated him. UNITED AUTO WORKERS, No. 03-73821 (ED MI) (Detroit District Office) Statute: ADA Basis: Disability (Hearing and Vision Impairments) Issue(s): Reason. Accom. Litigation: Direct Case: Individual Filed: 09/29/2003 Issue(s): Whether the defendant union violated the ADA by refusing to allow the charging party to work a flexible work schedule and by failing to provide the charging party with interpreters for union meetings. Resolved HONEYWELL, INC., No. 97-2006PHX SMM (D AZ) (Phoenix District Office) Statute: ADA Basis: Disability (hearing impairment; vision impairment); Retaliation Issue(s): Reas. Accom.; Discharge/Constructive Discharge; Terms/Conditions Litigation: Direct Case: Individual Filed: 09/29/1997 Resolved: 11/20/2002 Issue(s): Failure to Accommodate/Discharge: Whether defendant placed charging party on long term disability rather than reasonably accommodate her disability and constructively discharged her. Terms and Conditions/Retaliation: Whether defendant engaged in a pattern of discrimination against the charging party and involuntarily transferred her because she sought an accommodation of her disabilities. In this ADA lawsuit, the Phoenix District Office alleged that defendant, a large aerospace and systems control company, discriminated against charging party, a hearing and visually impaired individual, by withdrawing an accommodation of her disability, involuntarily transferring her, failing to accommodate her disability and retaliating against her because she sought an accommodation for her disability. As a result of the discrimination, charging party was forced to quit her job. The case was resolved through a Consent Decree which provides a payment of $100,000 to charging party and enjoins defendant from engaging in any employment practice that discriminates on the basis of disability at its Union Hills, Arizona facility, including failing to engage in good faith efforts to accommodate an employee's disability, and from retaliating against any employee who seeks to exercise rights under the ADA. SEARS, ROEBUCK & CO., No. 1:01-CV-00641 (MD NC) (Charlotte District Office) Statute: ADA Basis: Disability (vision impairment) Issue(s): Hiring; Reason. Accom. Litigation: Direct Case: Individual Filed: 06/29/2001 Resolved: 01/10/2003 Issue(s): Hiring: Whether after defendant offered charging party, who has a vision impairment, a position as a Credit Collection Specialist, it refused to provide him adaptive equipment necessary for him to perform the job This case was resolved through the entry of a Consent Decree which provided that the defendant will: pay the charging party $125,000, continue to train all its supervisors and managers at the Sears Credit Office in Greensboro about the requirements of the ADA and will designate a manager at that office to oversee disability-related issues such as reasonable accommodation. The defendant further agrees to continue to make good-faith efforts to recruit qualified, visually impaired applicants. OTHER (Z2) Active ALLST