Case: United States v. University of Michigan

2:15-cv-12582 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 22, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 22, 2015, the Civil Rights Division of the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the University of Michigan. The DOJ brought this suit on behalf of an employee of the University who had filed a charge of discrimination with the Equal Employment Opportunity Commission, claiming that the University had discriminated against her in violation of Title I of the Americans with Disabilities Act by denying her a rea…

On July 22, 2015, the Civil Rights Division of the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the University of Michigan. The DOJ brought this suit on behalf of an employee of the University who had filed a charge of discrimination with the Equal Employment Opportunity Commission, claiming that the University had discriminated against her in violation of Title I of the Americans with Disabilities Act by denying her a reasonable accommodation.

Specifically, the complaint alleged that the University of Michigan did not offer the employee a transfer or reassignment after she suffered a back injury that prevented her from being able to carry out her job. In addition, according to the complaint, the University did not give the employee "priority placement" into a vacant position as outlined in the University's own Standard Practice Guide, even after the employee applied for several jobs at the University. Instead, the University utilized a "best qualified" standard in selecting candidates for a vacant position, even when considering reassignments for reasonable accommodation. The DOJ requested monetary relief on behalf of the employee and injunctive relief to address the University's ADA violations.

The University of Michigan settled with the DOJ in a consent decree filed with the complaint. Without admitting fault, the University agreed to modify its policies, practices, and procedures, including eliminating the application of the "best qualified" standard when considering reassignments as a reasonable accommodation and implementing a policy to reassign employees with disabilities to vacant positions for which they are qualified without competition for the position, when no accommodation is available in the current job. In addition, the University agreed to train its supervisors and human resource staff regarding the requirements of reasonable accommodation under the ADA. Finally, the University agreed to pay $156,674.37 to the employee mentioned in the complaint and an additional $58,445.47 to another affected individual.

The consent decree was signed by District Judge Bernard A. Friedman on August 3, 2015 and scheduled to last 2018. No further docket entries exist, so the case is closed.

Summary Authors

John He (9/28/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4292746/parties/united-states-v-the-university-of-michigan/


Judge(s)

Friedman, Bernard A. (Michigan)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

DeClercq, Susan K. (Michigan)

Foran, Sheila (District of Columbia)

Gorland, Jennifer (Michigan)

Hill, Eve L. (District of Columbia)

Lynch, Loretta (New York)

Maisels, Amanda (District of Columbia)

Smith, Rachel M (Pennsylvania)

Attorneys(s) for Defendant

Masson, David (Michigan)

Judge(s)

Friedman, Bernard A. (Michigan)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

DeClercq, Susan K. (Michigan)

Foran, Sheila (District of Columbia)

Gorland, Jennifer (Michigan)

Hill, Eve L. (District of Columbia)

Lynch, Loretta (New York)

Maisels, Amanda (District of Columbia)

Smith, Rachel M (Pennsylvania)

Attorneys(s) for Defendant

Masson, David (Michigan)

Documents in the Clearinghouse

Document

2:15-cv-12582

Docket [PACER]

Aug. 3, 2015

Aug. 3, 2015

Docket
1

2:15-cv-12582

Complaint and Demand for a Jury Trial

July 22, 2015

July 22, 2015

Complaint
4

2:15-cv-12582

Consent Decree

Aug. 3, 2015

Aug. 3, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292746/united-states-v-the-university-of-michigan/

Last updated Aug. 6, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America against The University of Michigan with Jury Demand. Plaintiff requests summons issued. No Fee Required - US Government. County of 1st Plaintiff: USA - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (DeClercq, Susan) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
2

CONSENT Decree by United States of America (DeClercq, Susan) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
3

SUMMONS Issued for *The University of Michigan* (DWor) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
4

CONSENT DECREE Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 22, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

University of Michigan (Ann Arbor, Washtenaw), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 215119.84

Order Duration: 2015 - 2018

Content of Injunction:

Utilize objective hiring/promotion criteria

Reasonable Accommodation

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Other requirements regarding hiring, promotion, retention

Hire

Follow recruitment, hiring, or promotion protocols

Develop anti-discrimination policy

Comply with advertising/recruiting requirements

Issues

General:

Pattern or Practice

Discrimination-area:

Accommodation / Leave

Demotion

Discharge / Constructive Discharge / Layoff

Hiring

Medical Exam / Inquiry

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Seniority

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment

EEOC-centric:

Direct Suit on Merits