Case: EEOC v. Sharp Manufacturing Company of America

2:06-cv-02611 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 16, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 16, 2006, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Sharp Manufacturing Company in the U.S. District Court for the Western District of Tennessee. The complaint alleged that Sharp violated the Americans With Disabilities Act (ADA) by failing to provide the complainant with reasonable accommodation and then discharging her because of her disability. The EEOC sought injunctive and monetary relief against the defendant. Judge Daniel Breen was assig…

On September 16, 2006, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Sharp Manufacturing Company in the U.S. District Court for the Western District of Tennessee. The complaint alleged that Sharp violated the Americans With Disabilities Act (ADA) by failing to provide the complainant with reasonable accommodation and then discharging her because of her disability. The EEOC sought injunctive and monetary relief against the defendant. Judge Daniel Breen was assigned to this case, but the case was later reassigned to Judge Thomas Anderson on May 21, 2008.

On February 1, 2008, the court granted in part and denied in part Sharp's motion for summary judgment. Sharp contended that first, the EEOC could not produce sufficient evidence that the former employee had a disability. Second, Sharp claimed that the former employee was not a qualified individual with a disability who could be reasonably accommodated. The court considered whether the former employee’s osteoarthritis, which limited her ability to stand for long periods of time, fell under the ADA as a protected disability. The opinion stated that the court found that the case should proceed on the issue of the former employee’s physical limitations to stand. 534 F. Supp. 2d 797

The defendant went on to argue that the former employee was not a protected individual under the ADA because she would not have been able to work even with reasonable accommodations. In response, the EEOC explained that the former employee’s health condition had deteriorated, but at the time of the discharge, she could have worked with reasonable accommodation. The court found the EEOC’s argument compelling and stated that a jury could reasonably find that the former employee’s condition got worse only after she left the defendant company. In addition, the court found an issue of fact regarding whether or not Sharp could have offered the former employee reasonable accommodations. Id.

The court granted the defendant’s motion in part in regard to the plaintiff’s ADA claim that the former employee was substantially limited in her ability to walk because the proposed accommodation related only to the inability to stand. In addition, the court granted the defendant’s motion in part on the grounds that the former employee was not otherwise qualified to be a casual employee as a reasonable accommodation, but the question remained whether other available accommodations were reasonable. Id.

The parties met with a mediator on September 23, 2008.

On November, 25, 2008, the parties notified the court that they had reached a settlement. The parties agreed to monetary terms of the settlement but were still in the process of finalizing a consent decree. On January 22, 2009, the court approved the parties’ consent decree. The consent decree gave the court jurisdiction of one year to ensure compliance. This decree instructed the defendant to: refrain from unlawful employment discrimination and retaliation; report regularly to the EEOC to ensure compliance with Title VII; revise its policies on reasonable accommodations; post notices of this agreement in their offices; and pay $30,000.00 to the plaintiff.

The docket shows no further activity, and the duration of the consent decree has lapsed. Therefore, the case is now closed.

Summary Authors

Daisy Manning (6/6/2008)

Sean Whetstone (6/19/2018)

Raul Noguera-McElroy (3/3/2019)

Richa Bijlani (11/24/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5057294/parties/equal-employment-opportunity-commission-v-sharp-manufacturing-company-of/


Judge(s)

Anderson, S. Thomas (Tennessee)

Vescovo, Diane K. (Tennessee)

Attorneys(s) for Plaintiff

Beck, Terry (Tennessee)

Cooper, Ronald S. (Tennessee)

Dills, Steven W. (Tennessee)

Lee, James (Tennessee)

Reams, Gwendolyn Young (Tennessee)

Smith, Deidre (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Bowling, W. Kerby II (Tennessee)

Judge(s)

Anderson, S. Thomas (Tennessee)

Vescovo, Diane K. (Tennessee)

Attorneys(s) for Plaintiff

Beck, Terry (Tennessee)

Cooper, Ronald S. (Tennessee)

Dills, Steven W. (Tennessee)

Lee, James (Tennessee)

Reams, Gwendolyn Young (Tennessee)

Smith, Deidre (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Bowling, W. Kerby II (Tennessee)

Cavagnaro, Charles W. Jr. (Tennessee)

Crout, Joseph M. (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 23, 2009 Docket
1-1

Complaint

Sept. 19, 2006 Complaint
33

Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment

534 F.Supp.2d 797

Feb. 1, 2008 Order/Opinion
48

Consent Decree

Equal Employment Opportunity Commission v. Sharp Manufacturing Company of America

Jan. 22, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5057294/equal-employment-opportunity-commission-v-sharp-manufacturing-company-of/

Last updated May 20, 2022, 12:17 a.m.

ECF Number Description Date Link
29

ORDER granting 20 Motion to Strike. Signed by Judge J. Daniel Breen on 1/22/2008. (Breen, J.)

Jan. 22, 2008 RECAP
1

COMPLAINT against Sharp Manufacturing Company of America , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 09/19/2006)

Sept. 19, 2006
33

ORDER granting in part and denying in part 16 Motion for Summary Judgment. Signed by Judge J. Daniel Breen on 2/1/2008. (Breen, J.)

Feb. 1, 2008 RECAP
2

ANSWER to Complaint by Sharp Manufacturing Company of America.(Cavagnaro, Charles) (Entered: 10/06/2006)

Oct. 6, 2006
3

SETTING LETTER: Scheduling Conference set for 10/26/2006 09:30 AM in Courtroom 5 − Memphis before Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Monday, October 23, 2006. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions at www.tnwd.uscourts.gov under Instructions, Procedures and Attachments to Notices.(crv) (Entered: 10/11/2006)

Oct. 11, 2006
4

SCHEDULING ORDER: (Plaintiff) Join Parties and/or Amended Pleadings due by 12/29/2006. Discovery due by 6/29/2007. (Defendant) Join Parties and/or Amend Pleadings due by 1/31/2007. Motions due by 7/31/2007.. Signed by Judge Diane K. Vescovo on 10/23/06. (bag, ) (Entered: 10/23/2006)

Oct. 23, 2006
5

SETTING LETTER: Jury Trial set for 11/5/2007 09:30 AM in Courtroom 1 − Memphis before J. Daniel Breen. Pretrial Conference set for 10/30/2007 09:00 AM in Courtroom 1 − Memphis before J. Daniel Breen. Proposed Joint Pretrial Order due 10/23/2007.(tpe, ) (Entered: 10/24/2006)

Oct. 24, 2006
6

MOTION Modify Scheduing Order re 4 Scheduling Order, Proposed Order submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Modify Scheduling Order# 2 Certificate of Consultation)(Smith, Deidre) (Entered: 04/11/2007)

April 11, 2007
7

ORDER granting 6 Motion to Modify Scheduling Order . Signed by Magistrate Judge Diane K. Vescovo on 4/12/07. (Vescovo, Diane) (Entered: 04/12/2007)

April 12, 2007

Set/Reset Scheduling Order Deadlines: Discovery ddl by 7/31/2007. Dispositive Motions ddl by 8/31/2007. (ehg, ) (Entered: 04/13/2007)

April 12, 2007
8

NOTICE to Take Deposition of Arsen H. Manugian, M.D. by Sharp Manufacturing Company of America.(Cavagnaro, Charles) (Entered: 06/18/2007)

June 18, 2007
9

NOTICE to Take Deposition of W. Lee Moffatt, M.D. by Sharp Manufacturing Company of America.(Cavagnaro, Charles) (Entered: 06/18/2007)

June 18, 2007
10

MOTION for Protective Order by Sharp Manufacturing Company of America. (Cavagnaro, Charles) (Entered: 07/17/2007)

July 17, 2007
11

AGREED PROTECTIVE ORDER. Signed by Judge J. Daniel Breen on 7/17/07. (Breen, J.) (Entered: 07/17/2007)

July 17, 2007
12

MOTION for Extension of Time to Complete Discovery and Continue Trial Date proposed order submitted by Sharp Manufacturing Company of America. (Cavagnaro, Charles) (Entered: 07/27/2007)

July 27, 2007
13

ORDER, Motions terminated: 12 MOTION for Extension of Time to Complete Discovery and Continue Trial Date proposed order submitted filed by Sharp Manufacturing Company of America. Jury Trial re−set for 2/19/2008 09:30 AM in Courtroom 1 − Memphis before Judge J. Daniel Breen. Pretrial Conference re−set for 2/12/2008 09:00 AM in Courtroom 1 − Memphis before Judge J. Daniel Breen. Proposed Joint Pretrial Order due 2/5/2008. Signed by Judge J. Daniel Breen on 7/31/07. (tpe, ) (Entered: 07/31/2007)

July 31, 2007
14

MOTION for Leave to File Excess Pages proposed order submitted by Sharp Manufacturing Company of America. (Attachments: # 1 Memorandum in Support of Defendant's Motion for Leave to File Excess Pages# 2 Certificate of Consultation)(Cavagnaro, Charles) (Entered: 10/25/2007)

Oct. 25, 2007
16

MOTION for Summary Judgment by Sharp Manufacturing Company of America. (Attachments: # 1 Memorandum in Support of Defendant's Motion for Summary Judgment# 2 Exhibit 1 − Deposition Excerpts of Delores Vaughn# 3 Exhibit 2 − Deposition Excerpts of Daniel Wilburn# 4 Exhibit 3 − Affidavit of T.C. Jones, Jr.# 5 Exhibit 4 − Plaintiff's Response to Defendant's First Set of Interrogatories# 6 Exhibit 5 − Deposition Excerpts of W. Lee Moffatt, M.D.# 7 Exhibit 6 − Deposition Excerpts of Arsen H. Manugian, M.D.# 8 Exhibit 7 − Affidavit of Daniel Wilburn# 9 Exhibit 8 − Deposition Excerpts of Karin Tanaka# 10 Exhibit 9 − Affidavit of Karin Tanaka# 11 Exhibit 10 − Deposition Excerpts of T.C. Jones, Jr.# 12 Johnson v. St. Clare Hosp. 1998 WL 236235# 13 Inaviuc v. Hauer 1998 WL 57077# 14 Fields v. St. Bernard 11 AD Cases 1845# 15 EEOC v. Sharp Docket No. 95−2405)(Cavagnaro, Charles) (Entered: 10/31/2007)

Oct. 31, 2007
17

MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment (proposed order submitted) , MOTION for Leave to File Excess Pages (proposed order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Unopposed Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment and for Enlargement of the Page Limitation# 2 Certificate of Consultation)(Smith, Deidre) (Entered: 11/20/2007)

Nov. 20, 2007
18

ORDER Granting 17 Plaintiff's Unopposed Motion for Extension of Time to Respond re 16 MOTION for Summary Judgment and Granting 17 Motion for Enlargement of the Page Limitation; Responses due by 12/7/2007. Signed by Judge J. Daniel Breen on 11/21/07. (Breen, J.) (Entered: 11/21/2007)

Nov. 21, 2007
19

RESPONSE in Opposition re 16 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Response to MSJ# 2 Exhibit No. 1 − Vaughn depo excerpts# 3 Exhibit No. 2 − Sullivan Depo excerpts# 4 Exhibit No. 3 − Rice depo excerpts# 5 Exhibit No. 4 − Tanaka depo excerpts# 6 Errata No. 5 − Jones depo excerpts# 7 Exhibit No. 6− Letter from Dr. Wright# 8 Exhibit No. 7 − Moffatt depo excerpts# 9 Exhibit No. 8 − Manugian depo excerpts# 10 Exhibit No. 9 − Vaughn Separation Notice# 11 Exhibit No. 10 − Declaration of Dr. Hicks# 12 Exhibit No. 11 − Sullivan EEOC Affidavit# 13 Exhibit No. 12 − Wilburn depo excerpts# 14 Exhibit No. 13 − Chalmers EEOC Affidavit# 15 Exhibit No. 14 − Employment List, page 1# 16 Exhibit No.15 − Charge of Discrimination# 17 Exhibit No. 16 − Rice EEOC Affidavit# 18 Exhibit Vaughn Performance Evaluation, Exh. 13 to Vaughn depo# 19 Exhibit Leave Request Form, Exh. 2 to Vaughn depo# 20 Exhibit Article 34.5 of CBA, Exh. 10 to Jones depo# 21 Exhibit Notes from Dr. Moffatt, Exh. 3 and 4 to Moffatt depo# 22 Exhibit Job Description Assembler F 2, Exh. 7 to Jones Depo# 23 Exhibit Job Description, Exh. 2 to Wilburn Depo# 24 Exhibit Ergonomic Policy, Exh. 2 to Jones Depo# 25 Exhibit Article 30.5 of the CBA, Exh. 6 to Jones Depo# 26 Exhibit Employee List of Hires, Exh. 8 to Tanaka Depo# 27 Exhibit Article 7.8 of the CBA, Exh. 9 to Jones# 28 Exhibit Unreported Case − Adams v. TRW Automotive# 29 Exhibit Appl. for SS Disability, Exh. 6 to Vaughn Depo# 30 Exhibit Unreported Case − Pipkin v. M−I, LLC# 31 Exhibit Stafne v. Unicare Homes, Inc.# 32 Exhibit Unreported Case − Stephenson v. United Airlines# 33 Exhibit EEOC's Response to Defendant's Interrogatories# 34 Response to Defendant's Statement of Undisputed Facts)(Smith, Deidre) (Entered: 12/07/2007)

Dec. 7, 2007
20

MOTION to Strike proposed order submitted by Sharp Manufacturing Company of America. (Attachments: # 1 Memorandum in Support of Defendant's Motion to Strike)(Cavagnaro, Charles) (Entered: 12/21/2007)

Dec. 21, 2007
21

MOTION for Leave to File Reply Brief and Memorandum in Support proposed order submitted by Sharp Manufacturing Company of America. (Attachments: # 1 Exhibit A − proposed Reply Brief)(Cavagnaro, Charles) (Entered: 12/21/2007)

Dec. 21, 2007
22

ORDER Granting 21 Defendant's Motion for Leave to File Reply. Signed by Judge J. Daniel Breen on 12/26/07. (Breen, J.) (Entered: 12/26/2007)

Dec. 26, 2007
23

REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by Sharp Manufacturing Company of America. (Attachments: # 1 Exhibit B − Deposition of

Dec. 27, 2007
25

ATTACHMENT Exhibit No. 3 − Affidavit and Certificate (inadvertently omitted from previous filing) to 24 Response in Opposition to Motion, by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 01/07/2008)

Jan. 7, 2008
26

MOTION to Withdraw as Attorney (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 01/09/2008)

Jan. 9, 2008
27

ORDER Granting 26 Plaintiff's Motion to Withdraw Counsel. Attorney Terry L. Beck terminated. Signed by Judge J. Daniel Breen on 1/10/08. (Breen, J.) (Entered: 01/10/2008)

Jan. 10, 2008
28

NOTICE by Equal Employment Opportunity Commission Plaintiff's PreTria Disclosures Pursuant to Fed.R.Civ.P. 26(a)(3)(C) (Smith, Deidre) (Entered: 01/22/2008)

Jan. 22, 2008
30

NOTICE by Sharp Manufacturing Company of America of Rule 26(a)(3)(A) Pre−Trial Disclosures (Cavagnaro, Charles) (Entered: 01/22/2008)

Jan. 22, 2008
31

NOTICE of Appearance by Steven W. Dills on behalf of Equal Employment Opportunity Commission (Dills, Steven) (Entered: 01/23/2008)

Jan. 23, 2008
32

RE−SETTING LETTER: Pretrial Conference re−set for 2/11/2008 09:30 AM in Courtroom 1 − Memphis before Judge J. Daniel Breen. (tpe, ) (Entered: 01/31/2008)

Jan. 31, 2008
34

MOTION in Limine to Exclude Disciplinary Actions (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit No. 1− Vaughn depo excerpts, # 3 Exhibit No. 2 − Separation Notice, # 4 Exhibit No. 3 − Collective Exhibit, # 5 Exhibit No. 4 − Jones depo excerpts, # 6 Exhibit No. 5 − Unreported Case)(Smith, Deidre) (Entered: 02/05/2008)

Feb. 5, 2008
35

MOTION in Limine to Exclude Testimony of Green and Leoncavallo (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit No.1 − Vaughn depo excerpts, # 3 Exhibit No. 2 − Separation Notice, # 4 Exhibit No. 3 − Jones depo excerpts, # 5 Exhibit No. 4 − Def's Rule 26a1 Disclosures, # 6 Exhibit No. 5 − Doctor's Notes)(Smith, Deidre) (Entered: 02/05/2008)

Feb. 5, 2008
36

MOTION in Limine to Exclude Previous Case (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit No. 1)(Smith, Deidre) (Entered: 02/05/2008)

Feb. 5, 2008
37

MOTION in Limine to Exclude Evidence Related to SSA Records (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit No. 1 − Collective Exhibit, # 3 Exhibit No. 2 − Separation Notice, # 4 Exhibit No. 3 − Vaughn depo excerpts)(Smith, Deidre) (Entered: 02/05/2008)

Feb. 5, 2008
38

MOTION in Limine to Exclude Evidence Related to Decision of TN Dept of Workforce (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(Smith, Deidre) (Entered: 02/05/2008)

Feb. 5, 2008
39

MOTION in Limine to Exclude Testimony of Paul Shaffer (Proposed Order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(Smith, Deidre) (Entered: 02/05/2008)

Feb. 5, 2008
41

ORDER Granting 40 Joint Motion to Continue Trial Date. Signed by Judge J. Daniel Breen on 2/11/08. (Breen, J.) (Entered: 02/11/2008)

Feb. 11, 2008
42

ORDER REASSIGNING CASE. Case reassigned to Judge S. Thomas Anderson for all further proceedings. Judge J. Daniel Breen no longer assigned to case. Signed by Judge J. Daniel Breen on 5/21/08. (jae, ) (Entered: 05/22/2008)

May 21, 2008
43

SETTING LETTER: Status Conference set for 9/22/2008 01:30 PM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 07/23/2008)

July 23, 2008
44

SETTING LETTER: Status Conference RESET for 9/23/2008 10:00 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 09/02/2008)

Sept. 2, 2008
45

Minute Entry for proceedings held before Judge S. Thomas Anderson: Status Conference held on 9/23/2008; Parties provided Court with history and status of case; Mediation held − case did not settle; Parties to meet with mediator again; Parties open to Judicial Mediation; Matter set for trial: Motions due by 11/21/2008; Pretrial Order due by 2/2/2009; Pretrial Conference set for 2/9/2009 01:30 PM in Courtroom 4 − Memphis before Judge S. Thomas Anderson; Jury Trial set for 2/23/2009 09:30 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (Plf Atty: D. Smith; Dft Attys: J. Crout, K. Bowling,III) (Court Reporter Mark Dodson.)(10:07−10:17) (tlh) (Entered: 09/23/2008)

Sept. 23, 2008
46

ORDER REFERRING MOTION: 39 MOTION in Limine to Exclude Testimony of Paul Shaffer (Proposed Order submitted) filed by Equal Employment Opportunity Commission, 37 MOTION in Limine to Exclude Evidence Related to SSA Records (Proposed Order submitted) filed by Equal Employment Opportunity Commission, 38 MOTION in Limine to Exclude Evidence Related to Decision of TN Dept of Workforce (Proposed Order submitted) filed by Equal Employment Opportunity Commission, 35 MOTION in Limine to Exclude Testimony of Green and Leoncavallo (Proposed Order submitted) filed by Equal Employment Opportunity Commission, 34 MOTION in Limine to Exclude Disciplinary Actions (Proposed Order submitted) filed by Equal Employment Opportunity Commission, 36 MOTION in Limine to Exclude Previous Case (Proposed Order submitted) filed by Equal Employment Opportunity Commission. Signed by Judge S. Thomas Anderson on 10/14/08. (Anderson, S.) (Entered: 10/14/2008)

Oct. 14, 2008
47

NOTICE of Settlement by Sharp Manufacturing Company of America (Crout, Joseph) (Entered: 11/25/2008)

Nov. 25, 2008
48

CONSENT DECREE DISMISSING CASE. Signed by Judge S. Thomas Anderson on 1/22/09. (Anderson, S.) (Entered: 01/22/2009)

Jan. 22, 2009
49

JUDGMENT In accordance with the Consent Decree entered on 1/22/2009, this cause is hereby dismissed. Signed by Judge S. Thomas Anderson on 1/23/2009. (Anderson, S.) (Entered: 01/23/2009)

Jan. 23, 2009

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 16, 2006

Closing Date: 2010

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

Sharp Manufacturing Company of America, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: $30,000.00

Order Duration: 2009 - 2010

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Reasonable Accommodation

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Reasonable Accommodations

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

EEOC-centric:

Direct Suit on Merits