Case: EEOC v. SPYLEN OF DENVILLE INC (d/b/a WENDY'S)

2:02-cv-04091 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 21, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

In August 2002, the Philadelphia (along with the Newark, N.J.) office of the EEOC brought this ADA suit against Spylen of Denville, Inc. d/b/a Wendy's in the U.S. District Court for the District of New Jersey. The complaint alleged that the defendant discriminated against the claimant by subjecting the claimant to a hostile work environment and constructively discharging the claimant because of his disability (Down's syndrome). The court dismissed the case due to the parties settling in September 2003; however, the court did not enter a consent decree until March 2004.

The one year consent decree required the defendant to refrain from discrimination and retaliation, provide neutral references for the claimant, pay the claimant $90,000 in damages and attorney's fees (with the damages to be paid into a special needs trust), post notice, and provide ADA training for all managers and employees.

Summary Authors

Kevin Wilemon (7/20/2007)

Documents in the Clearinghouse

Document

2:02-cv-04091

Docket (PACER)

EEOC v. Spylen of Denville

March 11, 2004

March 11, 2004

Docket
14

2:02-cv-04091

Consent Decree

EEOC v. Spylen of Denville

March 11, 2004

March 11, 2004

Settlement Agreement

EEOC Litigation Settlement Report (March 2004)

EEOC v. Spylen of Denville

No Court

March 31, 2004

March 31, 2004

Press Release

Resources

Docket

Last updated Aug. 10, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand FILING FEE $ wv (dr) (Entered: 08/26/2002)

Aug. 21, 2002

Aug. 21, 2002

2

NOTICE of Allocation and Assignment filed. ( NEWARK - Judge WALLS - Magistrate Judge SUSAN D WIGENTON) (NM) (dr) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

SUMMONS(ES) issued for SPYLEN OF DENVILLE ( 20 Days) (Mailed to Counsel) (dr) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

3

ANSWER to Complaint by SPYLEN OF DENVILLE w/cert of service (sr) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

5

SCHEDULING ORDER setting Discovery cutoff 8/20/03 ; Status conference 11:30 6/10/03 ; Dispositive Motion due on or before 9/20/03; etc. ( signed by Magistrate Judge Susan D. Wigenton )(NM) (sr) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

6

NOTICE of attorney appearance for EEOC by MARY M TIERNAN (sr) (Entered: 05/19/2003)

May 14, 2003

May 14, 2003

7

ORDER referring case to Mediation ( signed by Magistrate Judge Susan D. Wigenton ) n/m (sr) (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

8

LETTER-ORDER Appointing Mediator HERMAN D MICHELS HON. ( Signed by Mag. Judge Ronald J. Hedges ) n/m (sr) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

9

ORDER, dismissing action as settled ; w/out costs & w/out prejudice ( signed by Judge William H. Walls ) (NM) (sr) (Entered: 09/18/2003)

Sept. 17, 2003

Sept. 17, 2003

Case closed (sr) (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

10

ORDER modifying dismissal order of 9/18/03, & granting parties until 12/17/03 to consummate settlement; etc. ( signed by Judge William H. Walls ) (NM) (sr) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

11

ORDER extending time to consummate settlement until 12/17/03 ( signed by Judge William H. Walls ) (NM) (sr) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

12

ORDER permitting parties an extension of time, until 2/15/04, in which to consummate settlement; etc. ( signed by Judge William H. Walls ) (NM) (sr) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

13

ORDER approving funding of a self-settled special needs trust. Signed by Judge William H. Walls on 3/11/04. (sr, ) (Entered: 03/16/2004)

March 11, 2004

March 11, 2004

14

Consent Decree fld. (sr, ) (Entered: 03/16/2004)

March 11, 2004

March 11, 2004

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 21, 2002

Closing Date: 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

Spylen of Denville, Inc. (Denville, N.J.), Private Entity/Person

Spylen of Denville, Inc. , 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: 90000

Order Duration: 2004 - 2005

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits