Case: EEOC v. Bender Shipbuilding

1:01-cv-00358 | U.S. District Court for the Southern District of Alabama

Filed Date: May 17, 2001

Closed Date: Nov. 26, 2004

Clearinghouse coding complete

Case Summary

The EEOC's Birmingham district office sued Bender Shipbuildiung & Repair Co., Inc., on May 17, 2001 in the U.S. District Court for the Southern District of Alabama. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical disability (hearing impairment) by failing to hire an otherwise qualified hearing impaired welder. The parties entered into a settlement agreement on November 26, 2002, following the defendant's mo…

The EEOC's Birmingham district office sued Bender Shipbuildiung & Repair Co., Inc., on May 17, 2001 in the U.S. District Court for the Southern District of Alabama. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical disability (hearing impairment) by failing to hire an otherwise qualified hearing impaired welder. The parties entered into a settlement agreement on November 26, 2002, following the defendant's motion for partial summary judgment filed in July 2002, which was stayed pending trial. The settlement agreement stipulated that the defendant would pay the complainant $10,000 in damages; post a notice of compliance with the ADA; provide ADA training to its managers, supervisors and welder hiring personnel; implement a hiring policy which does not discriminate against hearing impaired individuals because of their disability, allows for their reasonable accommodation, and only disallows hiring an otherwise qualified hearing impaired individual if that individual poses a "direct threat" as defined by the ADA; and annually report hiring decisions for hearing impaired individuals to the EEOC.

Summary Authors

Aaron Weismann (7/10/2007)

Documents in the Clearinghouse

Document

1:01-cv-00358

Docket [PACER]

Nov. 26, 2002

Nov. 26, 2002

Docket
1

1:01-cv-00358

Complaint

May 17, 2001

May 17, 2001

Complaint
63

1:01-cv-00358

Settlement Agreement

Nov. 19, 2002

Nov. 19, 2002

Settlement Agreement
64

1:01-cv-00358

Order of Dismissal

Nov. 26, 2002

Nov. 26, 2002

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127337/eeoc-v-bender-shipbuilding/

Last updated March 23, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ waived (clr) (Entered: 05/18/2001)

May 17, 2001

May 17, 2001

RECAP
2

Notice of Assignment to Mag. Judge Bert W. Milling Jr. for trial. Copies mailed 5/30/01 (clr) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

PACER
3

REQUEST FOR WAIVER of Service as to Bender Shipbuilding mailed 7/16/01 ; Answer deadline projected for 9/14/01 for Bender Shipbuilding ; Waiver of Service due by 8/15/01 for Bender Shipbuilding (clr) (Entered: 07/23/2001)

July 18, 2001

July 18, 2001

PACER
4

ANSWER to Complaint by Bender Shipbuilding (Attorney William C. Tidwell III, Lisa Michelle Darnley Cooper), (clr) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

PACER
6

Disclosure Statement filed by Bender Shipbuilding ; (mca) (Entered: 09/27/2001)

Sept. 19, 2001

Sept. 19, 2001

PACER
5

ORDER entered that pursuant to the provisions of 28 U.S.C. section 455, the undersigned Magistrate Judge hereby recuses himself from this action ( signed by Mag. Judge Bert W. Milling Jr. 9/24/01) Copies mailed/sfaxed 9/25/01 (clr) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

PACER
7

Notice of Assignment to Mag. Judge William H. Steele for trial. (mca) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

PACER
8

PRELIMINARY SCHEDULING ORDER entered by Mag. Judge William H. Steele; Report of Parties Planning Meeting due 11/13/01; Consent to Magistrate due 11/13/01 (mca) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

PACER
9

REPORT of Planning Meeting filed by parties; referred to M/J Steele 11/14/01 (mbp) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
10

Order on Rule 16 entered; Rule 16 Conference set for 11:00 1/7/02; copies to counsel (srr) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

PACER
11

MOTION by EEOC for Jill Lolley Vincent to Withdraw as Attorney ; ref to J/Pittman (srr) (Entered: 12/04/2001)

Dec. 3, 2001

Dec. 3, 2001

PACER
12

NOTICE entered, endorsed granting [11-1] motion for Jill Lolley Vincent to Withdraw as Attorney (Terminated attorney Jill Lolley Vincent for EEOC ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

PACER
13

REPORT of Planning Meeting filed by parties. (mab) (Entered: 12/27/2001)

Dec. 26, 2001

Dec. 26, 2001

PACER
14

DISCOVERY ORDER Discovery Deadline set at 7/1/02 ; Witness List Due 7/15/02 ; Motion filing deadline is 7/15/02 ; Expert Witness List due 4/15/02 ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

PACER
15

ORDER engaging parties in ADR/ Mediation as further set out. Selection of Mediator deadline set to 1/28/02 - Mediation conf deadline set to 5/1/02 ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

PACER
16

Designation of Mediator filed by parties. K.W. Michael Chambers named as Mediator. ADR order mailed to mediator. (srr) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

PACER
17

Expert Witness list (naming Martha L. Lehman) by EEOC (srr) (Entered: 04/01/2002)

April 1, 2002

April 1, 2002

PACER
18

Position regarding Settlement filed by plaintiff EEOC, defendant Bender Shipbuilding (srr) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

PACER
19

Qualifications of Expert Witnesses (David Alexander & John Bacot) by Bender Shipbuilding (srr) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

PACER
20

JOINT MOTION to Extend Time to file expert disclosures ; ref to J/Pittman (srr) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

PACER
21

NOTICE entered, endorsed GRANTING [20-1] joint motion to Extend Time to file expert disclosures ( signed by Senior Judge Virgil Pittman ); copies to parties 5/1/02 (jlr) (Entered: 05/01/2002)

April 30, 2002

April 30, 2002

PACER
22

Qualifications of Expert Witnesses (Martha Lehman) by EEOC (srr) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
23

ORDER, setting Response to Order Deadline re: [23-1] order to 6/28/02 for Bender Shipbuilding, for EEOC to inform court regarding efforts to pursue mediation & their current positions on settlement ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
24

MOTION by EEOC to shorten time for response to pla's 1st interrogs ; ref to J/Steele (srr) (Entered: 06/04/2002)

June 4, 2002

June 4, 2002

PACER
25

Pre-trial conference set at 10:30 7/23/02 before Senior Judge Virgil Pittman; copies to counsel w/prel pto (srr) (Entered: 06/05/2002)

June 5, 2002

June 5, 2002

PACER
26

ORDER, Response to Motion set to 6/14/02 for [24-1] motion to shorten time for response to pla's 1st interrogs ( signed by Mag. Judge William H. Steele ) copies to counsel (srr) (Entered: 06/06/2002)

June 5, 2002

June 5, 2002

PACER
27

RESPONSE by Bender Shipbuilding to [26-1] order dated 6/5/02; ref to J/Steele (srr) (Entered: 06/13/2002)

June 12, 2002

June 12, 2002

PACER
28

Position regarding Settlement filed by plaintiff EEOC, defendant Bender Shipbuilding; mediation has not been held; ptys will provide court addl info by 6/28/02 (srr) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

PACER
29

ORDER granting [24-1] motion to shorten time for response to pla's 1st interrogs ( signed by Mag. Judge William H. Steele ) copies to counsel (srr) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

PACER
30

MOTION by Bender Shipbuilding for an order that no mandatory mediation need be pursued w/o further order from the court ; ref to J/Pittman (srr) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

PACER
31

NOTICE entered, endorsed granting [30-1] motion that no mandatory mediation need be pursued w/o further order from the court ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

PACER
32

Exhibit list by Bender Shipbuilding (srr) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

PACER
33

Witness list by Bender Shipbuilding (srr) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

PACER
34

MOTION by Bender Shipbuilding for Partial Summary Judgment ; ref to J/Pittman (srr) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

PACER
35

MEMORANDUM by Bender Shipbuilding in support of [34-1] motion for Partial Summary Judgment; ref to J/Pittman (srr) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

PACER
36

ORDER, Response to Motion set to 8/12/02 for [34-1] motion for Partial Summary Judgment ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/12/2002)

July 12, 2002

July 12, 2002

PACER
37

Exhibit list by EEOC (srr) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

PACER
38

Witness list by EEOC (srr) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

PACER
39

Joint pre-trial document filed by EEOC, Bender Shipbuilding ; ETT: 3 days; ref to J/Pittman (srr) (Entered: 07/17/2002)

July 16, 2002

July 16, 2002

PACER
40

PRETRIAL ORDER entered., set Jury Selection for 9:30 10/1/02, set Jury Trial for 9:30 10/1/02 before Senior Judge Virgil Pittman, ETT 3 days; set Status Conference for 10:30 9/24/02, set Settlement Conference for 9/5/02 10:15 am ; ptys may amd pretrial response by 7/29/02; pla may amd witness list by 7/26/02 w/objs due 8/9/02 ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

PACER
41

AMENDED ORDER ON PRETRIAL CONFERENCE, set Status Conference for 10:30 9/24/02, set Jury Selection for 9:30 10/1/02 ; all other aspects of this court's order on pretrial conf dated 7/23/02 remain in effect ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

PACER
42

Supplemental [38-1] witness list filed by EEOC (srr) (Entered: 07/26/2002)

July 26, 2002

July 26, 2002

PACER
43

OBJECTION by Bender Shipbuilding to [37-1] exhibits list (srr) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PACER
44

MOTION by Bender Shipbuilding to use supplemental exhibits ; ref to J/Pittman (srr) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PACER
45

OBJECTION by EEOC to [28-1] exhibit list (jlr) (Entered: 08/08/2002)

Aug. 8, 2002

Aug. 8, 2002

PACER
46

MEMORANDUM by EEOC in opposition to [34-1] motion for Partial Summary Judgment; Exhibits 1-16 are in RED FILE FOLDER; ref to J/Pittman (tgw) (Entered: 08/14/2002)

Aug. 12, 2002

Aug. 12, 2002

PACER
47

ORDER granting [44-1] motion to use supplemental exhibits ( signed by Senior Judge Virgil Pittman 8/16/02) copies to counsel (srr) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
48

MOTION by Bender Shipbuilding for Leave to File reply brief in support of sum jgm ; ref to J/Pittman (srr) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
49

REPLY by Bender Shipbuilding to response to [34-1] motion for Partial Summary Judgment (srr) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
50

NOTICE entered, endorsed granting [48-1] motion for Leave to File reply brief in support of sum jgm ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

PACER
51

Letter head filed by EEOC (srr) (Entered: 08/23/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
52

Qualifications of Expert Witnesses by EEOC (srr) (Entered: 08/23/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
53

NOTICE of Hearing: set Settlement Conference for 10:15 9/5/02 bfr Judge Pittman in chambers; copies to counsel (srr) (Entered: 08/23/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
54

MOTION by EEOC for Leave to File response to dft's reply brief in re: sum jgm ; ref to J/Pittman (srr) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

PACER
55

NOTICE of attorney appearance for EEOC by Eunice H. Morrow (srr) (Entered: 09/03/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
56

NOTICE entered, endorsed granting [54-1] motion for Leave to File response to dft's reply brief in re: sum jgm ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 09/03/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
57

RESPONSE by EEOC to [49-1] dfts reply to partial sum jgm; ref to J/Pittman (srr) (Entered: 09/03/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
58

NOTICE of Hearing: reset Jury Selection for 9:30 12/3/02, reset Jury Trial for 9:30 12/3/02 before Senior Judge Virgil Pittman ; copies to counsel (srr) (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

PACER
59

NOTICE entered, endorsed [34-1] motion for Partial Summary Judgment carried to trial ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 09/30/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
60

PRETRIAL ORDER entered., set Status Conference for 10:30 11/26/02, set Jury Selection for 9:00 12/3/02 ; ETT 3 days ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
61

NOTICE of Hearing: set Jury Trial for 9:30 12/9/02 before Senior Judge Virgil Pittman copies to counsel (srr) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
62

ORDER, setting Response to Order Deadline re: [62-1] order to 11/22/02 for Bender Shipbuilding, for EEOC to file a joint statement setting out the name of the qualified interpreter (complainant Bobby Tate is hearing impaired) selected to be present for jury selection & trial & state which pty will bear the cost of the interpreter's services ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
63

Settlement Agreement filed by EEOC, Bender Shipbuilding; ref to J/Pittman (srr) (Entered: 11/26/2002)

Nov. 19, 2002

Nov. 19, 2002

RECAP
64

ORDER pursuant to [63-1] settlement agreement, the court approves the terms & conditions & directs the settlement agreement be effectuated in accordance with its terms; this action is dismissed w/prej; court will retain jurisdiction for 2 yrs from entry of this order ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

RECAP
64

ORDER pursuant to [63-1] settlement agreement, the court approves the terms & conditions & directs the settlement agreement be effectuated in accordance with its terms; this action is dismissed w/prej; court will retain jurisdiction for 2 yrs from entry of this order ( signed by Senior Judge Virgil Pittman ) copies to counsel (srr) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 17, 2001

Closing Date: Nov. 26, 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

Bender Shipbuildiung & Repair Co., Inc. (Mobile, Alabma), Private Entity/Person

Case Details

Causes of Action:

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

Available 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:

Voluntary Dismissal

Amount Defendant Pays: 10000

Order Duration: 2002 - 2004

Content of Injunction:

Utilize objective hiring/promotion criteria

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Disability and Disability Rights:

Hearing impairment

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits