Case: EEOC v. THE SALVATION ARMY

1:05-cv-00343 | U.S. District Court for the District of New Hampshire

Filed Date: Sept. 30, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The EEOC's Boston area office sued The Salvation Army on September 30, 2005 in the U.S. District Court for the District of New Hampshire. The EEOC's complaint alleged that The Salvation Army violated the Americans with Disabilities Act when it discriminated against a potential employee based on his disability (mental). The parties entered into a consent decree on October 6, 2005 which stipulated that the defendant would pay $5,000 in damages, revise and distribute its EEO policy, post a notic…

The EEOC's Boston area office sued The Salvation Army on September 30, 2005 in the U.S. District Court for the District of New Hampshire. The EEOC's complaint alleged that The Salvation Army violated the Americans with Disabilities Act when it discriminated against a potential employee based on his disability (mental). The parties entered into a consent decree on October 6, 2005 which stipulated that the defendant would pay $5,000 in damages, revise and distribute its EEO policy, post a notice of compliance with the ADA, provide ADA compliance training for its managerial staff, revise its complaint resolution procedure, provide training for its complaint resolution procedure, implement an internship program with the special education programs at local high schools, and appoint a manager to act as a liason to a job coaching agency of the defendant's choice. Following the entry of the consent decree, the EEOC filed a motion for contempt against the defendant. On July 19, 2006, the parties stipulated to the dismissal of that motion and entered an agreement that clarified the content of the parties' original consent decree. The settlement term was four years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Aaron Weismann (6/14/2007)

Documents in the Clearinghouse

Document

Docket

EEOC v. The Salvation Army

Aug. 4, 2006 Docket
1

Complaint

EEOC v. The Salvation Army

Sept. 30, 2005 Complaint
15

Consent Decree

EEOC v. The Salvation Army

July 20, 2006 Settlement Agreement
16

Stipulation and Order Modifying and Clarifying Consent Decree

EEOC v. The Salvation Army

Aug. 4, 2006 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT against The Salvation Army with Jury Demand filed by US Equal Employment Opportunity Commission. (Attachments:, # 1 Main Doc.'s.: Date Filed & Signature Pages)(jeb, ) Additional attachment(s) added on 10/3/2005 (jeb, ). (Entered: 10/03/2005)

Sept. 30, 2005
2

Proposed CONSENT DECREE. (jeb, ) (Entered: 10/03/2005)

Sept. 30, 2005
3

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Joseph F. Daschbach, Esq. must register within 30 days. Notice of Compliance Deadline set for 11/2/2005. (jeb, ) (Entered: 10/03/2005)

Oct. 3, 2005

ENDORSED CONSENT DECREE. Text of Order: Consent Decree approved Signed by Judge Paul Barbadoro. (mm, ) (Entered: 10/06/2005)

Oct. 4, 2005
4

JUDGMENT is hereby entered in accordance with Consent Decree. Signed by Clerk James R. Starr. (Case Closed) (mm, ) (Entered: 10/07/2005)

Oct. 6, 2005
5

MOTION for Contempt filed by US Equal Employment Opportunity Commission. Follow up on Objection on 5/1/2006 (Attachments:, # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Declaration of Markus Penzel, # 3 Attachment to Exhibit Decl. Ex A, Letter dated December 15, 2005, # 4 Attachment to Exhibit Decl. Ex. B, Letter dated December 19, 2005, # 5 Attachment to Exhibit Decl. Ex. C, Letter dated March 20, 2006, # 6 Attachment to Exhibit Decl. Ex. D, Letter dated March 24, 2006)(Penzel, Markus) (Entered: 04/10/2006)

April 10, 2006
6

Assented to MOTION to Extend Time to Object/Respond to 5 MOTION for Contempt to 05/12/06 filed by The Salvation Army. (Daschbach, Joseph) (Entered: 04/19/2006)

April 19, 2006

ENDORSED ORDER granting 6 Motion to Extend Time to Object/Respond re 5 Motion for Contempt,,. Text of Order: Granted. So Ordered by Judge Paul Barbadoro. Follow up on Objection on 5/12/2006 (ja, ) (Entered: 04/19/2006)

April 19, 2006
7

MOTION for Kathy Chin and Paul Mourning to Appear Pro Hac Vice filed by The Salvation ArmyServed on 5/4/06. Follow up on Objection on 5/30/2006 (Attachments:, # 1 Exhibit (Affidavit) 1 - Kathy Chin, # 2 Exhibit (Affidavit) 2 - Paul Mourning)(mm, ) (Entered: 05/09/2006)

May 8, 2006

Motions terminated: 8 Assented to MOTION to Amend 7 MOTION for Kathy Chin and Paul Mourning to Appear Pro Hac Vice filed by The Salvation Army,. This should have been filed as an addendum to document #7 (mm, ) (Entered: 05/10/2006)

May 10, 2006

ENDORSED ORDER granting 7 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Kathy Chin and Paul Mourning submit an ECF registration form within 10 days. So Ordered by Judge James R. Muirhead. Notice of Compliance Deadline set for 5/23/2006. (djb, ) (Entered: 05/10/2006)

May 10, 2006
9

OBJECTION to 5 MOTION for Contempt filed by The Salvation Army. (Attachments:, # 1 Memorandum of Law Memo in Opposition, # 2 Exhibit (Affidavit) Declaration of Joseph Daschbach, # 3 Exhibit (Affidavit) Affidavit of Paul Mourning, # 4 Exhibit Ex. 1 to Mourning Affidavit, # 5 Exhibit Ex. 2 to Mourning Affidavit, # 6 Exhibit Ex. 3 to Mourning Affidavit, # 7 Exhibit Ex. 4 to Mourning Affidavit)(Daschbach, Joseph) (Entered: 05/12/2006)

May 12, 2006
10

Notice of Intent to Reply to Objection to 5 MOTION for Contempt. (Penzel, Markus) (Entered: 05/15/2006)

May 15, 2006
11

Assented to MOTION for Leave to File Reply Memorandum filed by US Equal Employment Opportunity Commission (Penzel, Markus) (Entered: 05/25/2006)

May 25, 2006
12

REPLY to Objection to Motion re 5 MOTION for Contempt, 11 Assented to MOTION for Leave to File Reply Memorandum filed by US Equal Employment Opportunity Commission. (Penzel, Markus) (Entered: 05/25/2006)

May 25, 2006

NOTICE of ECF Filing Error re: 12 Reply to Objection to Motion filed by US Equal Employment Opportunity Commission, Document should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (mm, ) (Entered: 05/26/2006)

May 26, 2006

ENDORSED ORDER granting 11 Motion for Leave to File reply. Text of Order: Granted So Ordered by Judge Paul Barbadoro. (mm, ) (Entered: 06/01/2006)

May 30, 2006

ENDORSED ORDER deferring ruling on 5 Motion for Contempt. Text of Order: The parties shall meet and confer and attempt to resolve their dispute by agreement. They shall file a status report regarding their efforts within 30 days. If the matter is not resolved by agreement, it shall be referred to the Magistrate Judge for a Report and Recommendation. So Ordered by Judge Paul Barbadoro. (ja, ) (Entered: 06/12/2006)

June 10, 2006
13

STATUS REPORT by The Salvation Army (Chin, Kathy) (Entered: 07/10/2006)

July 10, 2006

ENDORSED ORDER 13 Status Report. Text of Order: Noted Signed by Judge Paul Barbadoro. (mxm, ) (Entered: 07/11/2006)

July 11, 2006
15

CONSENT DECREE. Signed by Judge Paul Barbadoro. (mxm, ) (Entered: 07/24/2006)

July 20, 2006
16

STIPULATION and Order (mxm, ) (Entered: 08/04/2006)

Aug. 4, 2006

State / Territory: New Hampshire

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2009

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

The Salvation Army (West Lebanon, NH), Private Entity/Person

The Salvation Army, 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

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: 5000

Order Duration: 2005 - 2009

Content of Injunction:

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits