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Filed Date: Dec. 27, 2012
Closed Date: 2016
Clearinghouse coding complete
On December 27, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female cook diagnosed with breast cancer, filed a lawsuit in the Eastern District Court of North Carolina under the Americans with Disabilities Act of 1990, as amended, ("ADA") and Title I of the Civil Rights Act of 1991 against Britthaven, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, and attorneys' fees and costs, claiming that the defendant discriminated against one if its employees based on her disability when it terminated the employee's employment while she was on medical leave for chemotherapy treatments.
The employee began working as a full-time cook for the defendant on September 25, 2009 and was diagnosed with breast cancer a few months later. She immediately notified the defendant of her diagnosis and her treatment plan. The employee received chemotherapy treatment until about October 2010, where she underwent surgery related to her breast cancer. She gave the defendant a doctor's note requesting four to six weeks of medical leave for the surgery. The defendant responded it would be glad to have the employee return back to work on December 10, 2010. However, on November 29, 2010, the employee received a call from her supervisor saying she was going to get fired for not coming into work. The employee was given the option of resigning, but when she refused to do so, the defendant terminated her employment.
On January 9, 2014, the District Court (Judge William Earl Britt) issued a consent decree where, among other things, the defendant agreed to pay the employee $50,000.
The decree was entered in 2014 and scheduled to last 2016. No further docket entries exist, so the case is closed.
Summary Authors
Perry Miska (4/6/2014)
Clearinghouse (12/3/2018)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4303523/parties/equal-employment-opportunity-commission-v-britthaven-inc/
Britt, William Earl (North Carolina)
Webb, William Arthur (North Carolina)
Barnes, Lynette (North Carolina)
Burnside, Tina (Minnesota)
Lee, James L. (District of Columbia)
Lopez, P. David (Texas)
Mahood, Zoe G. (North Carolina)
McGuire, Gregory (North Carolina)
Shipley, Margaret Scholz (North Carolina)
Active
Britt, William Earl (North Carolina)
Webb, William Arthur (North Carolina)
Barnes, Lynette (North Carolina)
Burnside, Tina (Minnesota)
Lee, James L. (District of Columbia)
Lopez, P. David (Texas)
Mahood, Zoe G. (North Carolina)
McGuire, Gregory (North Carolina)
Shipley, Margaret Scholz (North Carolina)
Reams, Gwendolyn Young (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4303523/equal-employment-opportunity-commission-v-britthaven-inc/
Last updated Nov. 26, 2022, 3:30 a.m.
State / Territory: North Carolina
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Dec. 27, 2012
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
EEOC on behalf of a female cook
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Britthaven, Inc., Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 50,000
Order Duration: 2014 - 2016
Content of Injunction:
Expungement of Employment Record
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
EEOC-centric: