Case: EEOC v. O'REILLY AUTO PARTS, INC.

6:03-cv-01347 | U.S. District Court for the District of Kansas

Filed Date: Sept. 30, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, by forcing the pregnant employee, an assistant manager whose doctor had imposed a 30-pound lifting res…

On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, by forcing the pregnant employee, an assistant manager whose doctor had imposed a 30-pound lifting restriction, to take unpaid leave and subsequently firing her. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy reform, backpay, reinstatement, medical expenses, compensation for emotional harm, and punitive damages.

The parties reached a settlement, which the Court (Judge Wesley E. Brown) entered as a consent decree on June 17, 2004. The 2-year decree provided $50,000 in monetary relief ($15,000 in lost wages and $35,000 in compensatory damages), subject to execution of a release of claims. The decree also provided for up to $200 for the employee to consult an attorney before signing the release. Under the injunctive provisions of the decree, O'Reilly Automotive was required to provide a positive reference, to adopt and distribute anti-pregnancy-discrimination policies to managers and supervisors, to provide equal employment training to all managers and supervisors, to post a pregnancy discrimination notice, and to report to the EEOC every 6 months about employees who took pregnancy-related leave, including whether the leave was voluntary, whether the employee was terminated, and why. The parties bore their own costs. No further court activity appears on the docket and the case is now closed.

Summary Authors

Kenneth Gray (7/29/2013)

People

Judge(s)

Bostwick, Donald W. (Kansas)

Attorney for Plaintiff

Dreiband, Eric S. (District of Columbia)

Johnson, Robert G. (Missouri)

Lee, James L. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Brown, Wesley Ernest (Kansas)

Documents in the Clearinghouse

6:03-cv-01347

Docket [PACER]

EEOC v. O'Reilly Automotive, Inc.

June 17, 2004

June 17, 2004

Docket
1

6:03-cv-01347

Complaint

EEOC v. O'Reilly Automotive, Inc.

Sept. 30, 2003

Sept. 30, 2003

Complaint

6:03-cv-01347

EEOC Litigation Settlement Report

EEOC v. O'Reilly Automotive, Inc.

No Court

June 16, 2004

June 16, 2004

Press Release
44

6:03-cv-01347

Consent Decree

EEOC v. O'Reilly Automotive, Inc.

June 17, 2004

June 17, 2004

Order/Opinion

Docket

Last updated March 24, 2025, 8:20 a.m.

ECF Number Date Description Link
1 Sept. 30, 2003

COMPLAINT with jury demand and trial location of Wichita, Kansas, filed by Equal Employment Opportunity Commission. No summons issued.(vlw) (Entered: 09/30/2003)

PACER
2 Nov. 17, 2003

MOTION for attorney Barbara A. Seely to appear pro hac vice by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Affidavit Barbara A. Seely)(Taylor, Andrea) (Entered: 11/17/2003)

PACER
3 Nov. 19, 2003

ORDER granting 2 Motion to Appear Pro Hac Vice for Barbara A Seely for Equal Employment Opportunity Commission. Signed by Judge Donald W. Bostwick on 11/19/2003. (Bostwick) (Entered: 11/19/2003)

PACER
4 Dec. 1, 2003

ANSWER to Complaint by O'Reilly Automotive Inc.(Schumaker, Larry) (Entered: 12/01/2003)

PACER
5 Dec. 5, 2003

ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/13/2004 at 10:00 AM before Magistrate Donald W. Bostwick. The conference will be by telephone. Report of Parties Planning Meeting deadline 1/8/2004. Signed by Judge Donald W. Bostwick on 12/04/03. (aw) (Entered: 12/05/2003)

PACER
6 Dec. 31, 2003

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's First Interrogatories to Defendant (Taylor, Andrea) (Entered: 12/31/2003)

PACER
7 Dec. 31, 2003

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's First Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 12/31/2003)

PACER
8 Jan. 2, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant's First Set of Interrogatories to Plaintiff and Request for Production of Documents to Plaintiff (Schumaker, Larry) (Entered: 01/02/2004)

PACER
9 Jan. 13, 2004

SCHEDULING ORDER: Discovery deadline 5/31/2004. Dispositive motion deadline set for 8/2/2004. Mediation deadline 4/1/2004. Proposed Pretrial Order due by 7/8/2004. Final Pretrial Conference set for 7/15/2004 at 01:30 PM before Magistrate Donald W. Bostwick. See Order for details. Signed by Judge Donald W. Bostwick on 1/13/2004. (Bostwick) (Entered: 01/13/2004)

PACER
10 Jan. 13, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Certificate Of Service Of Plaintiff's Second Interrogatories (Taylor, Andrea) (Entered: 01/13/2004)

PACER
11 Jan. 13, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Certificate Of Service Of Plaintiff's Second RFP (Taylor, Andrea) (Entered: 01/13/2004)

PACER
Jan. 13, 2004

Minute Entry for proceedings held before Judge Donald W. Bostwick : Scheduling Conference held on 1/13/2004. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Bostwick) (Entered: 01/13/2004)

PACER
12 Jan. 15, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding defendant's Initial Disclosure Statement (Schumaker, Larry) (Entered: 01/15/2004)

PACER
13 Jan. 15, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Of Plaintiff's Rule 26 Disclosures (Taylor, Andrea) (Entered: 01/15/2004)

PACER
14 Jan. 16, 2004

JOINT MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission and Defendant O'Reilly Automotive Inc (Attachments: #(1) Stipulated Protective Order)(Taylor, Andrea) Modified on 1/22/2004 to show this was joint motion and title of attachment(vlw). (Entered: 01/16/2004)

PACER
15 Jan. 21, 2004

ORDER granting 14 Motion for Protective Order . Signed by Judge Donald W. Bostwick on 1/21/2004. (Bostwick) (Entered: 01/21/2004)

PACER
16 Jan. 21, 2004

NOTICE OF ENDORSEMENT by O'Reilly Automotive Inc regarding Joint Motion for Entry of Stipulated Protective Order (Schumaker, Larry) (Entered: 01/21/2004)

PACER
17 Jan. 23, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc fowarding Defendant's Amended Initial Disclosure Statement . (Schumaker, Larry) (Entered: 01/23/2004)

PACER
18 Jan. 30, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Answers and Objections to Defendant's First Interrogatories to Plaintiff . (Taylor, Andrea) (Entered: 01/30/2004)

PACER
19 Jan. 30, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Responses and Objections to Defendant's RFP . (Taylor, Andrea) (Entered: 01/30/2004)

PACER
20 Jan. 30, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's First Amended Rule 26 Disclosures . (Taylor, Andrea) (Entered: 01/30/2004)

PACER
21 Jan. 30, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Rule 26 Disclosure Log . (Taylor, Andrea) (Entered: 01/30/2004)

PACER
23 Feb. 9, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's Third Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 02/09/2004)

PACER
24 Feb. 10, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Notice of Depositions (Taylor, Andrea) (Entered: 02/10/2004)

PACER
25 Feb. 17, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Answers to Plaintiff EEOC's Second Interrogatories to Defendant and Defendant O'Reilly Automotive Inc.'s Responses to Plaintiff's Second Request for Production of Documents . (Schumaker, Larry) (Entered: 02/17/2004)

PACER
26 Feb. 18, 2004

NOTICE by Defendant O'Reilly Automotive Inc of taking deposition of Debra Peres on February 24, 2004 (Schumaker, Larry) (Entered: 02/18/2004)

PACER
27 Feb. 19, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Supplemental Answers to Plaintiff EEOC's First Interrogatories to Defendant and Defendant O'Reilly Automotive, Inc.'s Supplemental Responses to Plaintiff's First Request for Production of Documents . (Schumaker, Larry) (Entered: 02/19/2004)

PACER
28 March 1, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Fourth Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 03/01/2004)

PACER
29 March 3, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's First Supplemental Answers and Objections to Defendant's First Set of Interrogatories to Plaintiff (Taylor, Andrea) (Entered: 03/03/2004)

PACER
30 March 3, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Second Amended Initial Disclosures (Taylor, Andrea) (Entered: 03/03/2004)

PACER
31 March 8, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive Inc.'s Responses to Plaintiff's Third Request for Production of Documents to Defendant . (Schumaker, Larry) (Entered: 03/08/2004)

PACER
32 March 18, 2004

MOTION to Compel Answers to Plaintiff's Second Interrogatories by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Plaintiff's Seond Interrogatories to Defendant# 2 Exhibit Defendant's Answers to Plaintiff's Second Interrogatories)(Taylor, Andrea) (Entered: 03/18/2004)

PACER
33 March 18, 2004

MEMORANDUM IN SUPPORT of 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 03/18/2004)

PACER
35 March 22, 2004

MOTION to Seal Document 34 Exhibits in Support of Motion, (Only Exhibit 1 - O'Reilly Automotive Interoffice Memorandum with attachments) by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 03/22/2004)

PACER
36 April 1, 2004

MEMORANDUM in Opposition by Defendant O'Reilly Automotive Inc re 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories (Defendant O'Reilly Automotive, Inc.'s Suggestions in Opposition to Plaintiff's Motion to Compel) (Attachments: # 1 Affidavit Morgan)(Schumaker, Larry) (Entered: 04/01/2004)

PACER
37 April 6, 2004

REPLY to Response to Motion by Plaintiff Equal Employment Opportunity Commission re: 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories Plaintiff's Reply To Defendant's Suggestions In Opposition To Plaintiff's Motion To Compel (Taylor, Andrea) (Entered: 04/06/2004)

PACER
38 April 6, 2004

ORDER granting 35 Plaintiff's Motion to Seal Exhibit 1 attached to Document 34 Exhibits in Support of Motion. Signed by Judge Donald W. Bostwick on 4/06/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Bostwick) (Entered: 04/06/2004)

PACER
39 April 15, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's First Request for Admissions to Defendant (Taylor, Andrea) (Entered: 04/15/2004)

PACER
40 April 16, 2004

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Second Request for Admissions to Defendant (Taylor, Andrea) (Entered: 04/16/2004)

PACER
41 April 16, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Responses to Plaintiff's Fourth Request for Production of Documents to Defendant . (Schumaker, Larry) (Entered: 04/16/2004)

PACER
42 April 20, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Second Supplemental Answers to Plaintiff EEOC's First Interrogatories to Defendant . (Schumaker, Larry) (Entered: 04/20/2004)

PACER
43 April 20, 2004

CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant's Supplemental Disclosure Statement . (Schumaker, Larry) (Entered: 04/20/2004)

PACER
44 June 17, 2004

CONSENT DECREE. Signed by Judge Wesley E. Brown on 6/16/04. Case closed.(vlw) (Entered: 06/17/2004)

PACER

Case Details

State / Territory:

Kansas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee

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

Private Entity/Person

O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of Kansas 6:03-cv-01347

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reasonable Accommodation

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: $50,000

Order Duration: 2004 - 2006

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation