Case: EEOC v. Beverage Distributors Company

1:11-cv-02557 | U.S. District Court for the District of Colorado

Filed Date: Sept. 29, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 29, 2011, the Equal Employment Opportunity Commission ("EEOC") brought this lawsuit against Beverage Distributors Company, LLC ("BDC") on behalf of a visually impaired company employee in the U.S. District Court for the District of Colorado under the Americans with Disabilities Act of 1990 ("ADA") and Title I of the Civil Rights Act of 1991. The EEOC claimed that BDC discriminated against the employee when it conditioned his employment on the results of a medical exam and subseque…

On September 29, 2011, the Equal Employment Opportunity Commission ("EEOC") brought this lawsuit against Beverage Distributors Company, LLC ("BDC") on behalf of a visually impaired company employee in the U.S. District Court for the District of Colorado under the Americans with Disabilities Act of 1990 ("ADA") and Title I of the Civil Rights Act of 1991. The EEOC claimed that BDC discriminated against the employee when it conditioned his employment on the results of a medical exam and subsequently refused to hire him as a night warehouse loader upon learning that he had a disability. The EEOC asked the Court for a permanent injunction preventing BDC from discriminating on the basis of disability, reinstatement for the employee, compensatory and punitive damages, and back pay.

The employee has been legally blind since birth. He began working for BDC in 2003 as a driver's helper and performed well in that role. In early 2008, BDC informed him of its decision to eliminate the helper position and use contract labor to do the job instead. The employee was then offered a position as a night warehouse loader, but after the medical exam, the company rescinded the offer because it believed he could not drive a forklift safely, even though operating a forklift is not a job entry-level warehouse loaders perform. BDC also failed to engage in the ADA's required interactive process to determine whether it was possible to accommodate the employee in performing the job safely.

BDC moved for summary judgment and invoked the ADA's "direct-threat" defense, contending that the employee could not perform the essential functions of the warehouse loader position and therefore would pose a "direct threat" to others in the workplace. The District Court (Judge Christine Arguello) denied the motion on December 7, 2012, because there were issues of material fact about whether BDC's decision was reasonable. EEOC v. Beverage Distribs. Co., No. 11-cv-02557-CMA-CBS, 2012 WL 6094152 (D. Colo. Dec. 7, 2012). The EEOC also moved for summary judgment, and it was partially granted and partially denied. EEOC v. Beverage Distribs. Co., No. 11-cv-02557-CMA-CBS, 2012 WL 6547782 (D. Colo. Dec. 14, 2012). Specifically, the District Court (Judge Arguello) rejected BDC's affirmative defense that the EEOC failed to conciliate in good faith before bringing suit. It also rejected the affirmative defenses of waiver, equitable estoppel, and unclean hands. The Court did, however, rule in favor of BDC in sustaining the affirmative defense of laches. It held that there remain issues of material fact about whether the three-year delay between the EEOC's investigation and its lawsuit was reasonable. Finally, the Court struck BDC's affirmative defense under which the company claimed that its due process rights would be violated if the Court did not bifurcate the trial to consider separately the EEOC's request for punitive damages. After pointing out that bifurcation is not an affirmative defense because it does not affect whether the defendant should be held liable, the Court declined to rule on the issue until a later date.

Following a four-day trial in April, a jury agreed with the EEOC that BDC intentionally violated the ADA when it withdrew its job offer to the employee because of his impaired vision. The jury initially awarded $132,347 in back pay but found that his damages should be reduced by $102,803 because he could have mitigated those damages by finding a comparable position. 2013 WL 3829474. This is confirmed by the final judgment on April 15, 2013, and the amended final judgment on the same day.

On December 9, 2013, however, the District Court (Judge Arguello) vacated the jury's finding that the employee could have mitigated his damages, holding that BDC failed to prove there were any available comparable jobs that the employee could have performed. EEOC v. Beverage Distribs. Co., No. 11-cv-02557-CMA-CBS, 2013 WL 6458735 (D. Colo. Dec. 9, 2013). In addition, the Court ordered BDC to hire the employee as a night warehouse loader with the same seniority that he would have had if BDC had not withdrawn the job offer due to his eyesight. The Court also indicated that, pending a hearing on the tax consequences of the award, the employee might be entitled to a tax penalty offset because of the lump-sum nature of the damages. Finally, the Court required BDC to hire an outside consultant to provide training and assistance in revisions to its policies, updates to its job postings, notice posting, and reporting and compliance review. BDC was required to report its compliance with this order to the Court within six months.

BDC appealed this decision to the U.S. Court of Appeals for the Tenth Circuit and subsequently asked the District Court to stay the requirement that it hire an outside consultant pending the outcome of the appeal. On November 1, 2014, the District Court (Judge Arguello) denied BDC's request, holding that it failed to meet its burden by showing that a stay was justified. EEOC v. Beverage Distribs. Co., No. 11-cv-02557-CMA-CBS, 2014 WL 5591430 (D. Colo. Nov. 1, 2014).

On March 16, 2015, the Tenth Circuit (Judges Timothy M. Tymkovich, Jerome A. Holmes, and Robert E. Bacharach) reversed the district court, holding that the direct-threat jury instruction inaccurately conveyed the standard and therefore constituted reversible error. EEOC v. Beverage Distribs. Co., 780 F.3d 1018 (10th Cir. 2015). More specifically, the Tenth Circuit held that the instruction erroneously required BDC to prove that the employee posed a direct threat when the company in fact had to prove only that it reasonably believed the job would pose such a threat. On the tax issue, however, the Tenth Circuit rejected BDC's argument that the district court erred in awarding a tax offset. That decision fell within the district court's discretion, and the employee may be entitled to an offset if the EEOC wins on retrial.

On April 30, 2015, the EEOC filed a petition for panel rehearing and/or rehearing en banc. The EEOC argued that the Court’s holding was inconsistent with its own precedent on evaluating jury instructions, as well as its past interpretations of the ADA. Specifically, it highlighted past 10th Circuit decisions that required proof that an employee posed a direct threat, not that the company reasonably believed as much. The 10th Circuit denied the petition for rehearing on May 27, 2015.

On December 4, 2015, Judge Arguello approved a consent decree between the parties. 2015 WL 10097367. Judgment was entered against BDC for $160,000; $80,000 was for total back pay for the employee, and $80,000 was for compensatory damages. BDC was required to provide a letter of recommendation for the employee. In return, BDC was able to expunge the case and all related allegations of discrimination from its records. BDC was ordered to not engage in discrimination of the basis of disability, nor retaliate against employees who opposed an action because of its violation of the ADA. In consultation with an outside consultant, BDC was ordered to develop an anti-discrimination policy and reasonable accommodations guide, and to update its EEOC policy to be consistent with the ADA. It agreed to provide training for managers, human resources personnel, and employees, and to maintain detailed records and provide written reports to the EEOC for six months. Each party was responsible for its own attorneys’ fees and costs.

The decree had a two-year duration, and the matter appears to be closed as of March 2018.

Summary Authors

Brian Tengel (4/15/2015)

Alexandra Gilewicz (3/24/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5235161/parties/equal-employment-opportunity-commission-v-beverage-distributors-company/


Judge(s)

Arguello, Christine M. (Colorado)

Bacharach, Robert Edwin (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Shaffer, Craig B. (Colorado)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Goldstein, Jennifer S. (District of Columbia)

Jaeckel, Lauren Golden (Colorado)

Kittle, Rita Byrnes (Colorado)

Lopez, P. David (District of Columbia)

O'Neill, Mary Jo (Arizona)

Judge(s)

Arguello, Christine M. (Colorado)

Bacharach, Robert Edwin (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Shaffer, Craig B. (Colorado)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Goldstein, Jennifer S. (District of Columbia)

Jaeckel, Lauren Golden (Colorado)

Kittle, Rita Byrnes (Colorado)

Lopez, P. David (District of Columbia)

O'Neill, Mary Jo (Arizona)

Struble, Stephanie (Colorado)

Tucker, James M. (District of Columbia)

Wheeler, Carolyn L. (District of Columbia)

Winston, David Andrew (Colorado)

Attorneys(s) for Defendant

Forman, Scott Alan (Florida)

Harpole, Jennifer S. (Colorado)

Kirkpatrick, Joshua B. (Colorado)

Trachman, William Edward (Colorado)

Documents in the Clearinghouse

Document

Appellate Docket [PACER]

U. S. Court of Appeals for the Tenth Circuit

June 4, 2015 Docket

Docket [PACER]

EEOC v. Beverage Distributors Company, LLC

Dec. 4, 2015 Docket
1

Complaint

EEOC v. Beverage Distributors Company, LLC

Sept. 29, 2011 Complaint

Beverage Distributors Company Sued by EEOC for Disability Discrimination

EEOC v. Beverage Distributors Company, LLC

No Court

Sept. 30, 2011 Press Release
54

Order Denying Defendant's Motion for Summary Judgment

EEOC v. Beverage Distributors Company, LLC

2012 WL 6094152

Dec. 7, 2012 Order/Opinion
55

Order Granting in Part and Denying in Part Plaintiff's Motion for Partial Summary Judgment

EEOC v. Beverage Distributors Company, LLC

2012 WL 6547782

Dec. 14, 2012 Order/Opinion
97

Final Judgment

EEOC v. Beverage Distributors Company, LLC

April 15, 2013 Order/Opinion
98

Amended Final Judgment

EEOC v. Beverage Distributors Company, LLC

April 15, 2013 Order/Opinion
116

Order Granting Plaintiff's Motion for Judgment as a Matter of Law and Motion for Injunctive Relief

EEOC v. Beverage Distributors Company, LLC

2013 WL 6458735

Dec. 9, 2013 Order/Opinion

Beverage Distributors to Pay About $200K and Hire Sight-Impaired Employee in EEOC Disability Discrimination Suit

EEOC v. Beverage Distributors Company, LLC

No Court

Dec. 12, 2013 Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5235161/equal-employment-opportunity-commission-v-beverage-distributors-company/

Last updated May 20, 2022, 3:19 a.m.

ECF Number Description Date Link
1

COMPLAINT and Jury Trial Demand against Beverage Distributors Company, LLC, Beverage Distributors Holding, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lygsl, ) (Entered: 09/29/2011)

Sept. 29, 2011
5

ORDER setting a Scheduling Conference on 12/20/2011 at 10:00 a.m. in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 10/20/11. (cbssec)

Oct. 20, 2011 RECAP
2

MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Lewis T. Babcock. (sah2, ) (Entered: 10/04/2011)

Oct. 4, 2011
24

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 6/7/2012. The court GRANTS IN PART and DENIES IN PART 21 Motion to Amend/Correct/Modify. The court shall extend the discovery cut dat e to August 17, 2012. The court shall not move the dispositive motions deadline. The designation of all expert witnesses shall be extended to June 26, 2012. The designation of rebuttal experts shall be extended to July 20, 2012. (FTR: RobinMason) (cbscd, )

June 7, 2012 RECAP
3

LETTER REASSIGNING CASE. Case reassigned to Judge Christine M. Arguello for all further proceedings. Judge Lewis T. Babcock no longer assigned to the case. (sah2, ) (Entered: 10/04/2011)

Oct. 4, 2011
54

ORDER denying 27 Motion for Summary Judgment by Judge Christine M. Arguello on 12/7/12.(dkals, )

Dec. 7, 2012 RECAP
4

ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer. Magistrate Judge Shaffer is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 11/18/2011 in order for the initial scheduling conference to be held promptly. The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. By Judge Christine M. Arguello on 10/18/11. Text Only Entry (cmasec) (Entered: 10/18/2011)

Oct. 18, 2011
55

ORDER granting in part and denying in part 28 Motion for Partial Summary Judgment by Judge Christine M. Arguello on 12/14/12.(dkals, )

Dec. 14, 2012 RECAP
116

ORDER granting in part and denying in part 104 Motion Pursuant to Fed. R. Civ. P. 50(b) for Judgment as a Matter of Law on Defendant's Failure-to-Mitigate Defense, and granting in part and denying in part 105 Motion for Injunctive Relief, by Judge Christine M. Arguello on 12/9/13. The jury's damages award is vacated.(dkals, )

Dec. 9, 2013 RECAP
134

SECOND AMENDED JUDGMENT. Signed by Deputy Clerk on 3/27/2014. (shart)

March 27, 2014 RECAP
7

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Beverage Distributors Company, LLC waiver sent on 10/21/2011, answer due 12/20/2011; Beverage Distributors Holding, Inc. waiver sent on 10/21/2011, answer due 12/20/2011. (Struble, Stephanie) (Entered: 11/22/2011)

Nov. 22, 2011
8

Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 12/13/2011)

Dec. 13, 2011
142

ORDER granting in part and denying in part 137 Motion to Stay. The Second Amended Judgment is STAYED to the extent it orders Beverage Distributors to reinstate Mr. Sungaila to the position of Night Warehouse Loader with the same seniority he wo uld have had if he had not been terminated. Upon the posting of a supersedeas bond in the amount of $132,347.00, the Second Amended Judgment is STAYED to the extent it orders Beverage Distributors to pay a monetary award. Beverage Distributors shall have 20 days from the date of this Order to obtain and post the bond, otherwise this portion of this Order shall become null and void and the EEOC can begin collection. Beverage Distributors shall report, within six months of this Order, it s compliance with this Court's 12/9/2013 Order (Doc. # 116 ) to engage an outside consultant to provide employee training and assistance in revisions to its policies, updates to its job postings, notice posting, and reporting and compliance review. By Judge Christine M. Arguello on 11/01/2014. (athom, )

Nov. 1, 2014 RECAP
160

CONSENT DECREE by Judge Christine M. Arguello on 12/04/2015. This case is Administratively Closed. (athom, )

Dec. 4, 2015 RECAP
9

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 12/20/2011. Discovery due by 6/22/2012. Dispositive Motions due by 7/20/2012. Final Pretrial Conference set for 10/10/2012 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (FTR: Laura Galera and Robin Mason) (cbscd) (Entered: 12/20/2011)

Dec. 20, 2011
10

SCHEDULING ORDER: by Magistrate Judge Craig B. Shaffer on 12/20/2011. (cbscd) (Entered: 12/20/2011)

Dec. 20, 2011
11

STIPULATION for Extension of Time to Answer or Otherwise Respond to The Complaint by Defendants Beverage Distributors Company, LLC, Beverage Distributors Holding, Inc.. (Kirkpatrick, Joshua) (Entered: 12/20/2011)

Dec. 20, 2011
12

NOTICE of Voluntary Dismissal of Party Beverage Distributors Holding, Inc. by Plaintiff Equal Employment Opportunity Commission (Struble, Stephanie) (Entered: 01/09/2012)

Jan. 9, 2012
19

Party Beverage Distributors Holding, Inc. terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 1/9/12. Text Only Entry (cmacd) (Entered: 04/30/2012)

Jan. 9, 2012
13

ANSWER to 1 Complaint by Beverage Distributors Company, LLC.(Kirkpatrick, Joshua) (Entered: 01/10/2012)

Jan. 10, 2012
14

Joint MOTION to Amend/Correct/Modify 10 Scheduling Order , Joint MOTION for Extension of Time to Designate Expert Witnesses by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 02/21/2012)

Feb. 21, 2012
15

MEMORANDUM regarding 14 Joint MOTION to Amend/Correct/Modify 10 Scheduling Order Joint MOTION for Extension of Time to Designate Expert Witnesses filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 02/21/12. Text Only Entry (cmasec) (Entered: 02/21/2012)

Feb. 21, 2012
16

ORDER granting 14 Motion to Amend/Correct/Modify; granting 14 Motion for Extension of Time. The deadline for Rule 26(a)(2) affirmative expert disclosures is extended to 4/27/12 and the deadline for Rule 26(a)(2) rebuttal expert disclosures is extended to 6/1/12. All deadlines previously set by this court, not modified herein, remain in effect, by Magistrate Judge Craig B. Shaffer on 2/22/12. Text Only Entry(cbssec) (Entered: 02/22/2012)

Feb. 22, 2012
17

Unopposed MOTION for Extension of Time to Designate Experts and to Extend the Discovery Cut−Off by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/27/2012)

April 27, 2012
18

MEMORANDUM regarding 17 Unopposed MOTION for Extension of Time to Designate Experts and to Extend the Discovery Cut−Off filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 04/27/12. Text Only Entry (cmasec) (Entered: 04/27/2012)

April 27, 2012
20

ORDER granting 17 Motion for Extension of Time. ORDERED that the deadline for Rule 26(a)(2) affirmative expert disclosures is extended to 6/8/12 and the deadline for Rule 26(a)(2) rebuttal expert disclosures is extended to 6/29/12. FURTHER ORDERED that the Discovery deadline is extended to on or before 7/20/2012 and the Dispositive Motion deadline is extended to 8/17/2012, by Magistrate Judge Craig B. Shaffer on 5/2/12. Text Only Entry(cbssec) (Entered: 05/02/2012)

May 2, 2012
22

MEMORANDUM regarding 21 Joint MOTION to Amend/Correct/Modify 10 Scheduling Order To Extend Discovery Deadlines filed by Equal Employment Opportunity Commission, Beverage Distributors Company, LLC. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 6/5/12. Text Only Entry (cmacd ) (Entered: 06/05/2012)

June 5, 2012
23

ORDER Setting Hearing on 21 Joint MOTION to Amend 10 Scheduling Order To Extend Discovery Deadlines by Magistrate Judge Craig B. Shaffer on 6/6/12. ORDERED that a Telephonic Motion Hearing will take place on 6/7/2012 at 9:15 AM before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry (cbssec) (Entered: 06/06/2012)

June 6, 2012
25

NOTICE of Entry of Appearance by Scott Alan Forman on behalf of Beverage Distributors Company, LLC (Forman, Scott) (Entered: 06/07/2012)

June 7, 2012
26

WITHDRAWN − MOTION for Protective Order , MOTION to Quash 3d Party Subpoena by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit subpoena, # 2 Exhibit Calahan v. PSC, # 3 Exhibit Blasio v. UPS, # 4 Exhibit Paystub)(Struble, Stephanie) Modified on 1/29/2013 to withdraw pursuant to 58 Order (dkals, ). (Entered: 08/16/2012)

Aug. 16, 2012
27

MOTION for Summary Judgment by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kirkpatrick, Joshua) (Entered: 08/17/2012)

Aug. 17, 2012
28

MOTION for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Mr. Sungaila's Application, # 2 Exhibit HealthOne Evaluation, # 3 Exhibit Discovery Responses, # 4 Exhibit Charge of Discrimination, # 5 Exhibit EEOC Determination, # 6 Exhibit Declaration of Helbis Varangot, # 7 Exhibit Notice of Failed Conciliation, # 8 Exhibit 7.1 Letter, # 9 Deposition Excerpts Linda Holman, # 10 Deposition Excerpts John Johnson, # 11 Deposition Excerpts Bob Pieron, # 12 Deposition Excerpts Tom Rogers)(Struble, Stephanie) (Entered: 08/17/2012)

Aug. 17, 2012
29

Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 08/21/2012)

Aug. 21, 2012
30

ORDER granting 29 Motion for Extension of Time to File Response/Reply.By Judge Christine M. Arguello on 8/22/2012. Text Only Entry(cmacd, ) (Entered: 08/22/2012)

Aug. 22, 2012
31

RESPONSE to 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Kirkpatrick, Joshua) (Entered: 09/06/2012)

Sept. 6, 2012
32

Exhibits in Support of 27 MOTION for Summary Judgment (Defendant's Lodging of Declaration of Dr. John D. Sanidas) by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Declaration of Dr. John D. Sanidas)(Kirkpatrick, Joshua) (Entered: 09/06/2012)

Sept. 6, 2012
33

MEMORANDUM regarding 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on

Sept. 10, 2012
35

ORDER setting hearing on 26 MOTION for Protective Order/to Quash. ORDERED that a Motion Hearing will take place on 10/11/2012 at 3:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Text Only Entry by Magistrate Judge Craig B. Shaffer on 9/11/12. (cbssec) Modified on 9/12/2012 to correct signature date (dkals, ). (Entered: 09/11/2012)

Sept. 11, 2012
36

RESPONSE to 27 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaratin of Dr. Lervick, # 2 Exhibit Application, # 3 Exhibit Position Statement, # 4 Exhibit photo of Conveyor Belts with Netting, # 5 Exhibit Photo of more netting, # 6 Exhibit Photo of Truck Loading Job, # 7 Exhibit Photo of Truck Loading Job, # 8 Exhibit Photo of Truck Loading Job, # 9 Exhibit Expert Report, # 10 Exhibit Agility Test Results, # 11 Exhibit qualification for Truck Loader, # 12 Exhibit doctor's report, # 13 Deposition Excerpts Cook, # 14 Deposition Excerpts Hollman, # 15 Deposition Excerpts Johnson, # 16 Deposition Excerpts Pieron, # 17 Deposition Excerpts Rogers, # 18 Deposition Excerpts Sungaila)(Struble, Stephanie) (Entered: 09/17/2012)

Sept. 17, 2012
37

REPLY to Response to 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena filed by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 09/24/2012)

Sept. 24, 2012
38

MOTION for Leave to Restrict Document by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 09/25/2012)

Sept. 25, 2012
39

Exhibits in Support of 36 Response to Motion,,, Amended Exhibit 1 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Amended Exhibit 1 to Dkt. # 36)(Struble, Stephanie) (Entered: 09/25/2012)

Sept. 25, 2012
40

REPLY to Response to 28 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Investigator Log of investigation, # 2 Exhibit Investigator notes from witness interviews)(Struble, Stephanie) (Entered: 09/27/2012)

Sept. 27, 2012
41

Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC Exhibit List, # 2 Exhibit Defendant Exhibit List)(Struble, Stephanie) (Entered: 10/03/2012)

Oct. 3, 2012
42

ORDER sua sponte resetting hearing to combine the 10/10/12 Final Pretrial Conference with the 10/11/12 Motions Hearing. ORDERED that the Final Pretrial Conference will take place on 10/11/2012 at 3:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Text Only Entry by Magistrate Judge Craig B. Shaffer on 10/4/12. (cbssec) (Entered: 10/04/2012)

Oct. 4, 2012
43

Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 10/04/2012)

Oct. 4, 2012
44

Amended MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment , 43 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 10/09/2012)

Oct. 9, 2012
45

ORDER GRANTING 44 Motion for Extension of Time to File Response/Reply. Defendant shall have to and including 10/10/12 within which to file its Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment. SO ORDERED BY Judge Christine M. Arguello on 10/09/12. Text Only Entry (cmasec) (Entered: 10/09/2012)

Oct. 9, 2012
47

REPLY to Response to 27 MOTION for Summary Judgment filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K)(Kirkpatrick, Joshua) (Entered: 10/10/2012)

Oct. 10, 2012
48

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Final Pretrial Conference/Motion Hearing held on 10/11/2012. Magistrate Judge Shaffer advises the parties that he will issue a written order ruling on this motion. The court further advises the parties that until a ruling has been made, the subpoena shall not go out. The parties were instructed to put together a conference call to Judge Arguello's chambers inorder to obtain trial dates. FTR: Robin Mason. (cbscd, ) Modified on 10/12/2012 to add text (romsl, ). (Entered: 10/12/2012)

Oct. 11, 2012
49

FINAL PRETRIAL ORDER by Magistrate Judge Craig B. Shaffer on 10/11/2012. (Attachments: # 1 Exhibit A, # 2 Envelope B) (cbscd, ) (Entered: 10/12/2012)

Oct. 11, 2012
50

ORDER GRANTING 38 Motion for Leave to Restrict. Exhibits No. 2 and No. 9 to 36 Plaintiff's Response to Defendant's Motion for Summary Judgment have been placed under RESTRICTED LEVEL 1. Plaintiff is DIRECTED to file with the Court REDACTED versions of Doc. Nos. 36−2 and 36−9 as a supplement to Doc. No. 36. SO ORDERED BY by Judge Christine M. Arguello on 10/16/12. Text Only Entry (cmasec) (Entered: 10/16/2012)

Oct. 16, 2012
51

MINUTE ORDER. This matter is before the Court sua sponte. Upon completion of the Final Pretrial Conference, this matter is ready to be set for trial. The Parties anticipate a seven−day jury trial. The Court hereby ORDERS a Status Conference set for 10/19/2012 at 1:30 PM in Courtroom A602 before Judge Christine M. Arguello, to determine the number of days this matter should be set for trial. All counsel, with full knowledge of the case, should be present at this status conference. SO ORDERED BY Judge Christine M. Arguello on 10/16/12. Text Only Entry (cmasec) (Entered: 10/16/2012)

Oct. 16, 2012
52

SUPPLEMENT/AMENDMENT to 36 Response to Motion,,, Exhibits 2 and 9 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Application, # 2 Exhibit Dr. Cook's Expert Report)(Struble, Stephanie) (Entered: 10/19/2012)

Oct. 19, 2012
53

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Status Conference held on 10/19/2012. Counsel are directed to amend their witness lists. A Final Trial Preparation Conference is set for 3/22/2013 at 02:30 PM before Judge Christine M. Arguello. A Five−day Jury Trial is set to commence on 4/8/2013 at 9:00 AM before Judge Christine M. Arguello. (Total time: 00:20, Hearing time: 1:31−1:51) APPEARANCES : Stephanie Struble on behalf of the plaintiff, Joshua Kirkpatrick on behalf of the defendant. Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 10/22/2012)

Oct. 19, 2012
56

ORDER setting hearing on 26 MOTION for Protective Order and MOTION to Quash Third Party Subpoena. ORDERED that a further Motion Hearing will be held on 1/29/2013 at 1:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. As oral argument was held on the instant motion on October 11, 2012, the purpose of this hearing will be to issue a ruling from the bench, no further argument will be necessary. Text Only Entry by Magistrate Judge Craig B. Shaffer on 1/10/13. (cbssec) (Entered: 01/10/2013)

Jan. 10, 2013
57

Joint MOTION to Withdraw 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 01/28/2013)

Jan. 28, 2013
59

MOTION in Limine to Exclude Evidence by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Medical Exam, # 2 Deposition Excerpts Pieron, # 3 Deposition Excerpts Rogers, # 4 Deposition Excerpts Sungaila)(Struble, Stephanie) (Entered: 02/13/2013)

Feb. 13, 2013
60

MOTION to Exclude opinions of Dr. Robin Cook by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 − Initial Report, # 2 Exhibit 2 − Rebuttal Designation, # 3 Deposition Excerpts Dr. Cook)(Struble, Stephanie) (Entered: 03/08/2013)

March 8, 2013
61

RESPONSE to 59 MOTION in Limine to Exclude Evidence filed by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 03/11/2013)

March 11, 2013
62

Exhibits in Support of 61 Response to Motion by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 03/12/2013)

March 12, 2013
63

MOTION to Exclude Expert Testimony of Julia Kothe by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 03/14/2013)

March 14, 2013
64

MOTION in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick At Trial by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A)(Kirkpatrick, Joshua) (Entered: 03/15/2013)

March 15, 2013
65

Joint MOTION for Extension of Time to Submit Exhibit List, Objections to Exhibit List, and Briefs re Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 03/15/2013)

March 15, 2013
66

ORDER GRANTING 65 Motion for Extension of Time. The parties shall have to and including 03/20/2013 within which to submit their Exhibit Lists, Objections to Exhibit Lists, and Briefs re Jury Instructions. SO ORDERED BY Judge Christine M. Arguello on 03/18/13. Text Only Entry (cmasec) (Entered: 03/18/2013)

March 18, 2013
67

NOTICE of Entry of Appearance by Jennifer S. Harpole on behalf of Beverage Distributors Company, LLC (Harpole, Jennifer) (Entered: 03/18/2013)

March 18, 2013
68

REPLY to Response to 59 MOTION in Limine to Exclude Evidence filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Sungaila Depo excerpts)(Struble, Stephanie) (Entered: 03/20/2013)

March 20, 2013
69

OBJECTIONS to Defendant's Proposed Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 03/20/2013)

March 20, 2013
70

OBJECTIONS to Defendant's Trial Exhibits by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 03/20/2013)

March 20, 2013
71

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Final Pretrial Conference held on 3/22/2013. MOTIONS: Plaintiff's Motion in Limine to Exclude Evidence 59 is granted in part and denied in part. Plaintiff EEOC's Motion to Exclude Opinions of Robin Cook 60 is deferred. Defendant's Motion to Exclude Expert Testimony of Julia Kothe 63 is deferred. Defendant's Motion in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick at Trial 64 is deferred. Response to the remaining Motions are due by noon on March 29, 2013. Any replies are due by 5:00 PM on March 29, 2013. TRIAL: Case shall be tried to a jury of ten. Jury selection will be on April 1, 2013 at 1:30 PM. Jury selection is by simultaneous strikes. Jurors will be allowed to take notes. Parties agree to the sequestration of witnesses. Parties waive the reporting of Jury Instructions. (Total time: 00:38, Hearing time: 2:29−3:07) APPEARANCES : Stephanie Struble and David Winston on behalf of the Plaintiff, Joshua Kirkpatrick and Jennifer Harpole on behalf of the defendant. Court Reporter: Darlene Martinez. (cmacd) Text Only Entry. Modified on 4/1/2013 to add attorneys (cmacd) Modified on 4/2/2013 to correct the ruling on the motion 59 (cmacd). Modified on 4/4/2013 to add time in text (cmacd). (Entered: 03/27/2013)

March 22, 2013
73

RESPONSE to 64 MOTION in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick At Trial filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Dr. Sanidas)(Struble, Stephanie) (Entered: 03/29/2013)

March 29, 2013
74

RESPONSE to 60 MOTION to Exclude opinions of Dr. Robin Cook filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kirkpatrick, Joshua) (Entered: 03/29/2013)

March 29, 2013
75

RESPONSE to 63 MOTION to Exclude Expert Testimony of Julia Kothe filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Position Description, # 2 Deposition Excerpts Kothe, # 3 Deposition Excerpts Hollman, # 4 Deposition Excerpts Johnson)(Struble, Stephanie) (Entered: 03/29/2013)

March 29, 2013
76

REPLY to Response to 60 MOTION to Exclude opinions of Dr. Robin Cook filed by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 03/29/2013)

March 29, 2013
77

REPLY to Response to 63 MOTION to Exclude Expert Testimony of Julia Kothe filed by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 03/29/2013)

March 29, 2013
78

MOTION for Leave to Restrict Document by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 03/29/2013)

March 29, 2013
79

RESTRICTED DOCUMENT − Level 1: by Defendant Beverage Distributors Company, LLC.. (Kirkpatrick, Joshua) (Entered: 03/29/2013)

March 29, 2013
80

REPLY to Response to 64 MOTION in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick At Trial filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit)(Kirkpatrick, Joshua) (Entered: 03/29/2013)

March 29, 2013
81

Exhibit B in Support of 79 Restricted Document − Level 1 by Defendant Beverage Distributors Company, LLC. Public entry to 78 filed on 3/29/2013. TEXT ONLY ENTRY. (cmacd) (Entered: 04/01/2013)

March 29, 2013
82

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Selection held on 4/1/2013. JURY: Voire Dire. Jury of 10 impaneled and sworn. Jury is excused with the instruction to return on April 8, 2013 at 7:30 AM. MOTIONS: Plaintiff's Motion to Exclude Opinions of Dr. Robin Cook 60 is denied. Defendant's Motion to Exclude Expert Testimony of Julia Kothe 63 is denied. Defendant's Motion in Limine to Preclude Plaintif from Providing Testimony of Dr. Lervick at Trial 64 ruling is deferred. A trial brief is due by April 5, 2013 by 5:00 PM. Response to the trial brief is due by 5:00 PM on April 5, 2013. (Total time: 03:05, Hearing time: 1:22−4:43) APPEARANCES : Stephanie Struble and David Winston on behalf of the plaintiff, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Rita Kittle, Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/02/2013)

April 1, 2013
83

TRIAL BRIEF re Offer of Proof of Dr. Lervick's Testimony by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/03/2013)

April 3, 2013
84

Witness List (Notice of Amended Witness List) by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/05/2013)

April 5, 2013
85

TRIAL BRIEF in Response to Plaintiff's Trial Brief Regarding In−Court Experiment or Demonstration Evidence of Mike Sungaila's Vision by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 04/05/2013)

April 5, 2013
87

NOTICE of Authority by Defendant Beverage Distributors Company, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Harpole, Jennifer) (Entered: 04/09/2013)

April 9, 2013
88

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY TWO held on 4/9/2013. WITNESSES SWORN AND TESTIFIED: Joe Linacre, Julia Kothe, Rogelio Cobos, Robert LaJeunesse, Mike Sungaila. EXHIBITS RECEIVED: 7(pages 1,2,3,4,5,7,10),19, 28(pages 1,3),24,25,27,26,13. Trial continued. (Total time: 05:26, Hearing time: 9:05−3:21) APPEARANCES : Stephanie Struble and David Winston on behalf of the plaintiff, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/10/2013)

April 9, 2013
89

NOTICE of Entry of Appearance by Rita Byrnes Kittle on behalf of Equal Employment Opportunity Commission (Kittle, Rita) (Entered: 04/10/2013)

April 10, 2013
90

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY THREE held on 4/10/2013. WITNESSES SWORN AND TESTIFIED: Mike Sungaila, Joseph Moffett, Helbis Varangot, John Johnson, Robin Cook.EXHIBITS RECEIVED: 12, 21, 22, 23,15,16. MOTION: Defendants Oral Motion Under Rule 50 for Judgment as a Matter of Law is denied. Trial continued. (Total time: 6:12, Hearing time: 7:55−3:24) APPEARANCES : Stephanie Struble and David Winston on behalf of the plaintiff, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson ( corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/11/2013)

April 10, 2013
91

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY FOUR held on 4/11/2013. WITNESSES SWORN AND TESTIFIED: Robin Cook, Linda Hollman, Dale Lervick. EXHIBITS RECEIVED: 42 (demonstrative purposes only). MOTIONS: Plaintiffs Oral Motion Pursuant to Rule 50 as a Matter of Law denied. Defendants Renewed Oral Motion Pursuant to Rule 50 as a Matter of Law is denied as previously stated. Charging conference. Closing arguments. Jury deliberations. (Total time: 06:41, Hearing time: 8:17−5:03) APPEARANCES : Rita Kittle,Stephanie Struble and David Winston on behalf of the plaintiff, Jennifer Harpoole, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/12/2013)

April 11, 2013
92

Court's Proposed Final Jury Instructions Sent to Parties on April 6, 2013. (cmacd) (Entered: 04/15/2013)

April 12, 2013
93

MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY FIVE completed on 4/12/2013. JURY VERDICT. Jurors are dismissed with thanks from the Court. (Total time: 00:08, Hearing time: 11:03−11:11) APPEARANCES: Rita Kittle,Stephanie Struble and David Winston on behalf of the plaintiff, Jennifer Harpoole, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry Modified on 4/16/2013 to add time and appearances(cmacd). (Entered: 04/15/2013)

April 12, 2013
94

Jury Instructions. (cmacd) (Entered: 04/15/2013)

April 12, 2013
95

Jury Notes. (Attachments: # 1 Court Note 2)(cmacd) (Entered: 04/15/2013)

April 12, 2013
96

JURY VERDICT. (cmacd) (Entered: 04/15/2013)

April 12, 2013
97

JUDGMENT in favor of Equal Employment Opportunity Commission and against Beverage Distributors Company, LLC in the amount of $29,543,253.25 pursuant to 93 Minute Entry. Post−judgment interest shall accrue at the rate of 0.12%. Plaintiff shall have its costs. By Judge Christine M. Arguello on 4/15/13. (dkals, ) (Entered: 04/17/2013)

April 15, 2013
98

AMENDED JUDGMENT in favor of Equal Employment Opportunity Commission and against Beverage Distributors Company, LLC in the amount of $29,543.25 pursuant to 93 Minute Entry. Post−judgment interest shall accrue at the rate of 0.12%. Plaintiff shall have its costs. By Judge Christine M. Arguello on 4/15/13 (dkals, ) (Entered: 04/17/2013)

April 15, 2013
99

Partial TRANSCRIPT of Jury Trial Day 4 − Testimony of Dr. R. Cook held on 4/10/13 before Judge Arguello. Pages: 1−61. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/1/2013. (Martinez, Darlene) (Entered: 04/30/2013)

April 30, 2013
100

Partial TRANSCRIPT of Jury Trial Day 5 − Cont'd Testimony of Dr. R. Cook held on 4/11/13 before Judge Arguello. Pages: 62−107. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/1/2013. (Martinez, Darlene) (Entered: 04/30/2013)

April 30, 2013
101

Partial TRANSCRIPT of Jury Trial Day 5 − Defendant's Closing Argument held on 4/11/13 before Judge Arguello. Pages: 1−29. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/1/2013. (Martinez, Darlene) (Entered: 04/30/2013)

April 30, 2013
102

Proposed Bill of Costs and Stipulation by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Stipulation)(Struble, Stephanie) (Entered: 04/30/2013)

April 30, 2013
103

Costs Taxed in amount of $6,544.66 against Beverage Distributors Company, LLC (dkals, ) (Entered: 05/06/2013)

May 6, 2013

State / Territory: Colorado

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 29, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The EEOC, on behalf of a legally blind employee.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Beverage Distributors Company, LLC, Private Entity/Person

Case Details

Causes of Action:

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

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 160,000

Order Duration: 2015 - 2017

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Hire

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

EEOC-centric:

Direct Suit on Merits