Case: EEOC v. FAMILY DOLLAR SERVICES INC

5:03-cv-00083 | U.S. District Court for the Western District of Virginia

Filed Date: Sept. 30, 2003

Closed Date: July 29, 2004

Clearinghouse coding complete

Case Summary

In September 2003, the EEOC district office in Baltimore, Maryland brought this suit against Family Dollar Services, Inc., a regional discount retail chain, in the U.S. District Court for the Western District of Virginia. Although the complaint is not available, the EEOC press release states that the aggrieved female employee unloaded trucks at Defendant's Front Royal, Virginia facility until she underwent surgery for breast cancer. Because she was no longer able to unload trucks without assi…

In September 2003, the EEOC district office in Baltimore, Maryland brought this suit against Family Dollar Services, Inc., a regional discount retail chain, in the U.S. District Court for the Western District of Virginia. Although the complaint is not available, the EEOC press release states that the aggrieved female employee unloaded trucks at Defendant's Front Royal, Virginia facility until she underwent surgery for breast cancer. Because she was no longer able to unload trucks without assistance, the defendant terminated her. The EEOC alleged that her termination was a violation of the Americans with Disabilities Act of 1991 (ADA). The parties quickly settled the case, and a consent decree was issued in July 2004.

The consent decree stated that the defendant was not to discriminate against individuals with "a musculoskeletal condition

resulting from cancer surgery" and was not to retaliate against anyone who participated in the investigation or litigation of the case. The defendant was required to pay the aggrieved employee $50,000 and issue her a neutral reference letter, post ADA notices, and provide EEO training concerning the ADA.

Summary Authors

Jason Chester (6/12/2007)

Documents in the Clearinghouse

Document

Docket

EEOC v. Family Dollar Services Inc

July 29, 2004 Docket
17

Consent Decree

EEOC v. Family Dollar Services Inc.

July 29, 2004 Settlement Agreement

EEOC Litigation Settlement Report (July 2004)

EEOC v. Family Dollar Services Inc.

No Court

July 31, 2004 Press Release

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT 100 Day Notice due 1/8/04 for Family Dollar Service due 1/28/04 for Family Dollar (kld)

Sept. 30, 2003

SUMMONS(ES) issued for Family Dollar (kld)

Sept. 30, 2003
2

NOTICE to Substitute Attorney by EEOC (jat)

Dec. 2, 2003
3

ORDER granting [2-1] motion to Substitute Attorney terminated attorney Johnnie L. Johnson III for EEOC Added Stacey Turner Caldwell ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 12/19/03] (jat)

Dec. 19, 2003
4

100 Day Notice as to ( Family Dollar ) (jat)

Jan. 8, 2004
5

ANSWER to Complaint by Family Dollar (Attorney Robert Lewis Duston), (blk) (Entered: 01/22/2004)

Jan. 21, 2004

Magistrate's Notice Response due 2/9/04 for Family Dollar, for EEOC (blk) (Entered: 01/22/2004)

Jan. 21, 2004
6

Negative Corporate Disclosure Statement by Equal Employment Opportunity Commission. (kld )

Feb. 9, 2004
7

Positive Corporate Disclosure Statement by Family Dollar. (jat, )

Feb. 9, 2004
8

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Family Dollar served on 1/2/2004, answer due 1/22/2004. (jat, )

Feb. 9, 2004
9

AMENDED ANSWER to [1] Complaint by Family Dollar. (kld, )

Feb. 11, 2004
10

Scheduling Letter to counsel from deputy clerk (kld, )

Feb. 19, 2004
11

SCHEDULING ORDER: Jury Trial set for 8/23/2004 09:00 AM in Harrisonburg before Judge Samuel G. Wilson.. Signed by Judge Samuel G. Wilson on 2/24/04. (jat, )

Feb. 26, 2004

Attorney Cecile C. Quinlan for Equal Employment Opportunity Commission added. Attorney Barbara Brice-Brown terminated.. Signed by Judge Samuel G. Wilson on 3/18/04. (blk, ) (Entered: 03/22/2004)

March 18, 2004
12

MOTION to Appear Pro Hac Vice Cecile Quinlan by Equal Employment Opportunity Commission. (blk, )

April 26, 2004
13

ORDER granting 12 Motion to Appear Pro Hac Vice . Signed by Judge Samuel G. Wilson on 4/26/04. (blk, )

April 26, 2004
14

MOTION to Appear Pro Hac Vice by Family Dollar. (Attachments: # 1 Certification of Amanda K. Grace)(Duston, Robert)

May 14, 2004
15

CERTIFICATE OF SERVICE by Family Dollar for Motion For Admission Pro Hac Vice (Docket No. 14) (Duston, Robert)

May 14, 2004
16

ORDER granting 14 Motion for Amanda K. Grace to Appear Pro Hac Vice . Signed by Judge Samuel G. Wilson on 5/18/04. (kld, ) (Entered: 05/19/2004)

May 18, 2004
17

CONSENT DECREE. Signed by Judge Samuel G. Wilson on 7/29/04. (kld, ) (Entered: 07/30/2004)

July 29, 2004

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: July 29, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Family Dollar Services, Inc. (Front Royal, Virginia), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 50000

Order Duration: 2004 - 2005

Content of Injunction:

Expungement of Employment Record

Recordkeeping

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits