Case: EEOC v. DHL EXPRESS (USA), INC.

1:06-cv-02371 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 29, 2006

Closed Date: May 27, 2008

Clearinghouse coding complete

Case Summary

The Philadelphia district office of the Equal Employment Opportunity Commission (EEOC) brought this suit in September 2006 against DHL Express (USA), Inc., a major national shipping company, in the U.S. District Court for the Northern District of Ohio. The complaint alleged that DHL refused to hire a 53-year-old applicant because of his age, in violation of the Age Discrimination in Employment Act of 1967 (ADEA). The applicant applied for the position of Delivery Driver/Courier Guard. The plain…

The Philadelphia district office of the Equal Employment Opportunity Commission (EEOC) brought this suit in September 2006 against DHL Express (USA), Inc., a major national shipping company, in the U.S. District Court for the Northern District of Ohio. The complaint alleged that DHL refused to hire a 53-year-old applicant because of his age, in violation of the Age Discrimination in Employment Act of 1967 (ADEA). The applicant applied for the position of Delivery Driver/Courier Guard. The plaintiff alleged that DHL instead hired less qualified individuals under the age of 40 for the same position. The EEOC sought a permanent injunction preventing the defendant from engaging in discriminatory hiring practices.

Judge Patricia A. Gaughan granted DHL’s motion for summary judgment on November 20, 2007. In the motion to dismiss, DHL asserted that the applicant did not have the relevant driving experience required for the position. Additionally, DHL contended that the applicant “did not communicate well and appeared unprepared.” Judge Gaughan found that DHL articulated a non-discriminatory reason for not hiring the applicant and the plaintiff failed to provide a pretext as to why DHL’s explanation more likely than not was not the reason the applicant did not get the job.

The EEOC appealed to the U.S. Court of Appeals for the Sixth Circuit in January 2008 but did not pursue the appeal later that year. The court dismissed the appeal at the request of the parties in May 2008 and the case is now closed.

Summary Authors

Shankar Viswanathan (5/30/2008)

Richa Bijlani (11/22/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5660380/parties/equal-employment-opportunity-v-dhl-express-usainc/


Judge(s)

Gaughan, Patricia Anne (Ohio)

Attorneys(s) for Plaintiff

Mays, Lawrence (Ohio)

McMillan, Solvita A. (Ohio)

Watson, C. Larry (Ohio)

Attorneys(s) for Defendant

Floyd, Mark S (Florida)

Fuller, Adam D (Ohio)

Johnson, Christopher R (Ohio)

Judge(s)

Gaughan, Patricia Anne (Ohio)

Attorneys(s) for Plaintiff

Mays, Lawrence (Ohio)

McMillan, Solvita A. (Ohio)

Watson, C. Larry (Ohio)

Attorneys(s) for Defendant

Floyd, Mark S (Florida)

Fuller, Adam D (Ohio)

Johnson, Christopher R (Ohio)

Documents in the Clearinghouse

Document

08-03143

Docket - 6th Circuit Court of Appeals

EEOC v. DHL Express (USA), Inc.

U. S. Court of Appeals for the Sixth Circuit

May 22, 2008

May 22, 2008

Docket

1:06-cv-02371

Docket (PACER)

EEOC v. DHL Express (USA), Inc.

June 25, 2008

June 25, 2008

Docket
1

1:06-cv-02371

Complaint

EEOC v. DHL Express (USA), Inc.

Sept. 29, 2006

Sept. 29, 2006

Complaint
23

1:06-cv-02371

Memorandum of Opinion and Order [Granting Summary Judgment]

EEOC v. DHL Express (USA), Inc.

2007 WL 4125922

Nov. 20, 2007

Nov. 20, 2007

Order/Opinion

EEOC Sues DHL for Segregating Employees by Race

EEOC v. DHL Express (USA), Inc.

No Court

Sept. 24, 2010

Sept. 24, 2010

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5660380/equal-employment-opportunity-v-dhl-express-usainc/

Last updated Aug. 1, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against DHL EXPRESS (USA),INC. ( Filing fee 350 receipt number Exempt.). Filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet Page One# 2 Civil Cover Sheet Page Two# 3 Civil Cover Sheet Page Three)(McMillan, Solvita) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

Judge Lesley Wells assigned to case. (C, BA) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Hemann. (C, BA) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

2

Order of recusal, case reassigned to Judge Patricia A. Gaughan for all further proceedings . Signed by Judge Lesley Wells on 10/5/06. (C, B) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

3

Case Management Conference Scheduling Order with case management conference set on 11/27/2006 at 08:45 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 10/25/06. (D, MB) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

4

Waiver of Summons by Christopher Johnson counsel for DHL Express (USA) returned. Waiver mailed on October 2, 2006 filed by United States Equal Employment Opportunity Commission (McMillan, Solvita) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

5

Order: Case management conference is continued to 12/8/2006 at 09:00 AM to allow defendant to answer as waiver of service has just been executed. Signed by Judge Patricia A. Gaughan on 11/14/06. (L−C, S) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

6

Answer to Complaint (Related Doc # 1 ) filed by DHL Express (USA), Inc.. (Johnson, Christopher) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

7

Report of Parties' Planning Meeting filed by DHL Express (USA), Inc.. (Johnson, Christopher) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

8

Case Management Order: Case Management Conference held on 12/8/06. Case assigned to the Standard Track. Case is suitable for ECF. Non−expert discovery due by 5/1/07. Expert Reports exchanged by 5/15/07 for plaintiff and 6/15/07 for defendant and Expert discovery due by 7/15/07. Parties to be Joined and Pleading Amendments due by 2/19/07. Dispositive Motions due by 8/15/07. Status Conference set for 4/18/07 at 09:00 AM. Parties are not required to appear in person. (If parties are not required to appear in person, they must be available by telephone.) Counsel must appear in person unless otherwise ordered by the Court. Signed by Judge Patricia A. Gaughan on 12/8/06. (L−C, S) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

9

Initial Disclosures filed by DHL Express (USA), Inc. (Johnson, Christopher) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

10

Notice of Service of Discovery Requests filed by DHL Express (USA), Inc.. (Fuller, Adam) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

11

Minute/Order: Status Conference was held on 4/18/07. Non−expert discovery deadline is now July 1, 2007. Plaintiffs expert report is due July 1, 2007. Defendants expert report is due August 1, 2007. Expert discovery deadline is September 1, 2007. Dispositive motion deadline is September 15, 2007. Status conference, with parties present, is set June 29, 2007 AT 9:30 A.M. Signed by Judge Patricia A. Gaughan on 4/18/07.(LC,S) (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

13

Attorney Appearance for Lawrence Mays, Senior Trial Attorney, EEOC by Solvita A. McMillan filed by on behalf of United States Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

14

Minutes/Order: Joint Oral Motion to Continue Status Conference, with parties present, set 6/29/07 is granted to 8/30/2007 at 09:30 AM. Signed by Judge Patricia A. Gaughan on 6/22/07.(LC,S) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

15

Subpoena Returned Executed; served upon John Terry Stricker by Personal Service on 7/14/07 filed by DHL Express (USA), Inc. (Johnson, Christopher) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

16

Notice of Service of Answers and Objections to Plaintiff's Second Set of Interrogatories and Responses and Objections to Plaintiff's Second Requests for Production of Documents filed by DHL Express (USA), Inc.. (Fuller, Adam) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

17

Minutes/Order : Status Conference was held. Status Conference, with parties present, is set 12/18/2007 at 09:30 AM. Signed by Judge Patricia A. Gaughan on 8/30/07.(LC,S) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

18

Motion for summary judgment filed by DHL Express (USA), Inc.. (Attachments: # 1 Brief in Support # 2 Exhibit Deposition of John Stricker# 3 Exhibit Deposition of Joseph George# 4 Exhibit Cleveland Plain Dealer Advertisement# 5 Exhibit Monster.com Advertisement# 6 Exhibit Deposition of Ronald Dargay# 7 Exhibit Job Description at DHL 0008# 8 Exhibit Middleburgh Heights New Hire Data Forms# 9 Exhibit Beachwood New Hire Data Forms# 10 Exhibit Stricker Dep. at 53−54,561 62# 11 Exhibit Stricker Dep. Ex E# 12 Exhibit Stricker Dep. Ex C# 13 Exhibit Stricker Dep Ex. B# 14 Exhibit Stricker Dep Ex. A# 15 Exhibit EEO Applicant Flow Log# 16 Exhibit DHL EEO Applicant Flow Log# 17 Exhibit Ientile vs United States Steel Corp)(Johnson, Christopher) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

19

Video Deposition of John Stricker taken on 8/14/07. Complete document on file, 3 DVDs. filed by United States Equal Employment Opportunity Commission. (C,B) Modified on 10/19/2007 (S, R). Modified to delete link pursuant to telephone conversation with attorney on 10/19/2007 (B, B). (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

20

Opposition to 18 Motion for summary judgment filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Personen Declaration# 2 Exhibit Plain Dealer Job Ad# 3 Exhibit JohnStricker DHL Applications and Resumes# 4 Exhibit DHL Blank Application# 5 Exhibit March 1, 2005 Rejection Letter# 6 Exhibit Normile Application# 7 Exhibit Haywood Application# 8 Exhibit Willard Application# 9 Exhibit Mommers Application# 10 Exhibit Marquardt Application# 11 Exhibit Affidavit of Daniel Cabot, EEOC Cleveland Field Office Director with attachments 1 − 9# 12 Exhibit Stricker January 24, 2007 Application, Resume and Interview Notes# 13 Exhibit DHL Employees Hired February & March 2005# 14 Exhibit Affidavit of Mary Holifield with Attachments AA and BB# 15 Exhibit DHL Positions Statements: April 8, 2005 (pages 1−2) and August 24, 2005 (pages 1−3)# 16 Exhibit Notice of Charge with EEOC Charge No. 220−2005−00843 attached)(Mays, Lawrence) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

21

Opposition to 18 Motion for summary judgment Exhibit Deposition Transcript Pages John T. Stricker filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Deposition Transcript Pages Ronald M. Dargay# 2 Exhibit Deposition Transcript Pages Joseph George)(McMillan, Solvita) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

22

Reply in support of 18 Motion for summary judgment filed by DHL Express (USA), Inc.. (Attachments: # 1 Exhibit 1 − Deposition of John T. Stricker# 2 Exhibit 2 − Answers to Interrogatories# 3 Exhibit 3 − Deposition of Joseph George# 4 Exhibit 4 − Affidavit of Joseph George# 5 Exhibit 5 − Deposition of Ronald Dargay# 6 Exhibit 6 − Letter to Daniel Cabot# 7 Exhibit 7 − Letter to Mary Holifield# 8 Exhibit 8 − Affidavit of Kathleen Wrinkle)(Johnson, Christopher) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

24

Judgment Entry : This Court, having issued its Memorandum of Opinion and Order granting the Motion of Defendant DHL Express (USA), Inc. for Summary Judgment (Doc. 18 ), hereby enters judgment for defendant. Signed by Judge Patricia A. Gaughan on 11/19/07. (Related Doc. 23 ). (LC,S) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

25

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 23 Memorandum Opinion and Order and 24 Judgment Entry of 11/20/07, filed by United States Equal Employment Opportunity Commission (Filing fee Exempt) (McMillan, Solvita). Modified text on 1/23/2008 (H, SP). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

26

Acknowledgment from the USCA for Sixth Circuit of receipt of 25 Notice of Appeal (USCA# 08−3143). Date filed in USCA 2/11/08. (H, SP) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

27

True copy of order from the USCA for the Sixth Circuit: The Notice of Appeal 25 is dismissed, upon stipulation of the parties (USCA# 08−3143). Date issued by USCA 5/22/08 (H, SP) (Entered: 05/28/2008)

May 27, 2008

May 27, 2008

28

Bill of costs filed by DHL Express (USA), Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Fuller, Adam) (Entered: 06/06/2008)

June 6, 2008

June 6, 2008

29

Costs Taxed in the amount of $3,621.96 against EEOC. Related document(s) 28 . (E,DJ) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

23

Memorandum Opinion and Order: The Motion of Defendant DHL Express (USA), Inc. for Summary Judgment is granted. Signed by Judge Patricia A. Gaughan on 11/19/07. (Related Doc. 18 ) (LC,S)

Nov. 20, 2007

Nov. 20, 2007

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: May 27, 2008

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

DHL Express (USA), Inc. (Beachwood, Ohio and Middleburg Heights, Ohio), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits