Case: EEOC v. OVERNITE TRANSPORTATION COMPANY

7:01-cv-00076 | U.S. District Court for the Western District of Virginia

Filed Date: Jan. 30, 2001

Closed Date: Aug. 27, 2002

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Case Summary

In January 2001, the EEOC district office in Richmond, Virgina brought this suit against the Overnite Transportation Company, a general commercial shipping courier, in the U.S. District Court for the Western District of Virginia. The charging party had worked for the defendant as a truck driver and dock worker until he was injured on the job and resigned pursuant to a worker's compensation settlement. Approximately a year later, he applied for a job with another trucking company, and on the application he misrepresented the circumstances of his departure from his previous job, stating that his position had simply been eliminated. He was hired, but his new employer continued to verify the information he had provided. When they contacted a former co-worker at the defendant's company, they learned the truth. The EEOC alleged that this was a violation of the Americans with Disabilities Act, on the grounds that it was tantamount to an improper disclosure of confidential medical information.

The court granted the defendant's motion for summary judgment in November 2001, reasoning the disclosure of the complainant's injuries did not violate the ADA because it was not gleamed from confidential medical records or exams; rather, the complainant's co-worker knew of his injuries because the complainant himself had discussed them openly. E.E.O.C. v. Overnite Transp. Co., 2001 WL 1521584 (W.D.Va. Nov. 30, 2001 at *3).

Summary Authors

Jason Chester (7/3/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/22238829/parties/equal-employment-v-overnite/

Judge(s)

Attorney for Plaintiff

Beers, Paul Graham (Virginia)

Kiel, Gerald S. (Virginia)

Nyfeler, Suzanne L. (Virginia)

Spicer, Tracey Hudson (Virginia)

Attorney for Defendant

Johnson, James M. (Virginia)

Judge(s)

Wilson, Samuel Grayson (Virginia)

Attorney for Plaintiff

Beers, Paul Graham (Virginia)

Kiel, Gerald S. (Virginia)

Nyfeler, Suzanne L. (Virginia)

Spicer, Tracey Hudson (Virginia)

Attorney for Defendant

Johnson, James M. (Virginia)

Wood, Robert Craig (Virginia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

7:01-cv-00076	Docket (PACER) Equal Employment, et al v. Overnite	Aug. 27, 2002	Aug. 27, 2002 Docket
26 7:01-cv-00076	Memorandum and Order Equal Employment v. Overnite	Nov. 30, 2001	Nov. 30, 2001 Order/Opinion 2001 WL 1521584

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/22238829/equal-employment-v-overnite/

Last updated Sept. 29, 2026, 8:34 p.m.

Docket for: Equal Employment v. Overnite

ECF Number	Date	Description	Link
1	Jan. 30, 2001	COMPLAINT; 100 Day Notice due 5/10/01 for Overnite; Service due 5/30/01 for Overnite (mka) Modified on 01/31/2001 (Entered: 01/31/2001)	RECAP
	Jan. 31, 2001	SUMMONS(ES) issued for Overnite (mka)	PACER
	Jan. 31, 2001	SUMMONS(ES) issued for Overnite (mka)
2	March 28, 2001	MOTION to Dismiss by Overnite (Attorney James M. Johnson) (mka)	RECAP
	March 29, 2001	Magistrate's Notice (emh)	PACER
	March 29, 2001	SCHEDULING LETTER for Judge Wilson to counsel (emh)	PACER
	March 29, 2001	CORPORATE DISCLOSURE LETTER; Response due 4/1/01 for Overnite (emh)	PACER
	March 29, 2001	Magistrate's Notice (emh)
	March 29, 2001	SCHEDULING LETTER for Judge Wilson to counsel (emh)
	March 29, 2001	CORPORATE DISCLOSURE LETTER; Response due 4/1/01 for Overnite (emh)
3	April 6, 2001	POSITIVE CORPORATE DISCLOSURE STATEMENT by Overnite (mka)	RECAP
4	April 10, 2001	SCHEDULING ORDER setting Jury Trial for 9:00 10/29-30/01, and Referring Case to Magistrate Judge Glen E. Conrad for all nondispositive pretrial motions and issues,including any requested changes in this Order and whatever else as set forth in Order as to trial and settlement, motions, discovery, witnesses and mediation ( signed by Chief Judge Samuel G. Wilson )[EOD Date 4/11/01] (mka) (Entered: 04/11/2001)	RECAP
5	April 24, 2001	MEMORANDUM by Overnite in support of [2-1] motion to Dismiss by Overnite (mka)	RECAP
6	April 26, 2001	Rule 26(f) Agreement of the Parties by Equal Employment, Overnite (mka)	RECAP
7	May 7, 2001	NOTICE of Hearing Motion Hearing set for 12:00 6/11/01 in Harrisonburg Division by agreement of the parties for [2-1] motion to Dismiss by Overnite (mka)	RECAP
8	May 8, 2001	MEMORANDUM by Equal Employment in opposition to [2-1] motion to Dismiss by Overnite (mka)	RECAP
9	May 8, 2001	MOTION to Intervene by Etzel Paul Newton (mka)	RECAP
10	May 11, 2001	ORDER granting [9-1] motion to Intervene ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 5/11/01] (mka)	RECAP
11	May 21, 2001	REPLY MEMORANDUM by Overnite to [8-1] Opposition to Motion to Dismiss by Equal Employment (rkc) (Entered: 05/22/2001)	RECAP
	June 11, 2001	Motion hearing held re: [2-1] motion to Dismiss by Overnite. Parties argue. Ct will render order. (Judge Samuel G. Wilson OCR Aaron LaDuke) (jat)	PACER
	June 11, 2001	Motion hearing held re: [2-1] motion to Dismiss by Overnite. Parties argue. Ct will render order. (Judge Samuel G. Wilson OCR Aaron LaDuke) (jat)
12	July 6, 2001	ORDER denying [2-1] motion to Dismiss, directing parties to confer and, if possible, submit stipulations of fact within 45 days of the date of this order and whatever else set forth in the order ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 7/6/01] (mka)	RECAP
13	July 18, 2001	ANSWER AND DEFENSES to Complaint by Overnite (emh)	RECAP
14	July 26, 2001	NOTICE TO TAKE DEPOSITION OF Etzel Paul Newton by Overnite (rkc)	RECAP
15	July 26, 2001	NOTICE TO TAKE DEPOSITION OF Butch Vandergrift by Overnite (rkc)	RECAP
	Aug. 3, 2001	DISCOVERY LETTER by Etzel Paul Newton (Return of service of deposition subpoena as to E. S. Vandergrift) (lmh) (Entered: 08/06/2001)	PACER
	Aug. 3, 2001	DISCOVERY LETTER (Subpoena executed for douments upon USF Red Star) by Overnite (lmh) (Entered: 08/06/2001)	PACER
	Aug. 3, 2001	DISCOVERY LETTER by Etzel Paul Newton (Return of service of deposition subpoena as to E. S. Vandergrift) (lmh)
	Aug. 3, 2001	DISCOVERY LETTER (Subpoena executed for douments upon USF Red Star) by Overnite (lmh)
16	Aug. 13, 2001	SHOW CAUSE ORDER, directing E. S. Vandergrift, Jr. to appear before Hon. Glen E. Conrad, U. S. Magistrate Judge set Show Cause Hearing for 1:00 8/21/01 ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 8/14/01] (lmh) (Entered: 08/14/2001)	RECAP
17	Aug. 20, 2001	MOTION for Pre-trial Conference to adjust scheduling by Overnite (lmh) (Entered: 08/21/2001)	RECAP
	Aug. 22, 2001	MARSHAL'S RETURN on show cause order as to E. S. Vandergrift, Jr. executed on 8/20/01 (lmh)
18	Aug. 24, 2001	ORDER granting [17-1] motion for Pre-trial Conference to adjust scheduling, Resetting Stipulations and/or joint appendix deadline to 8/31/01, Resetting Motion Filing deadline to 9/10/01 ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 8/24/01] (emh)	RECAP
19	Aug. 31, 2001	STIPULATIONS (ssm)	RECAP
20	Sept. 13, 2001	SCHEDULING ORDER setting jury trial for 12/12-13/01 at 9:00 in Roanoke; Dispositive motions due 9/18/01, Responses due 10/5/01; Oral arguments to be held on 10/19/01 at 2:00 ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 9/14/01] (lmh) (Entered: 09/14/2001)	RECAP
	Sept. 14, 2001	Deadline updated; reset Jury Trial for 9:00 12/12-13/01 , (lmh)	PACER
	Sept. 14, 2001	Deadline updated; reset Jury Trial for 9:00 12/12-13/01, (lmh)
21	Sept. 18, 2001	RENEWED MOTION to Dismiss, and for Summary Judgment by Overnite (lmh)	RECAP
22	Sept. 18, 2001	MEMORANDUM by Overnite in support of Renewed [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite (lmh)	RECAP
23	Sept. 19, 2001	Appendix to Motion for Summary Judgment by Overnite (lmh)	RECAP
24	Oct. 5, 2001	MEMORANDUM by Equal Employment in opposition to [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite (emh)	RECAP
	Oct. 10, 2001	DISCOVERY LETTER (Return of service of Subpena for documents to Stephen Fry, M.D.) by Overnite (lmh)	PACER
	Oct. 10, 2001	DISCOVERY LETTER (Return of Service on Subpoena for documents as to Charles H. Hiles, M.D.) by Overnite (lmh)	PACER
	Oct. 10, 2001	DISCOVERY LETTER (Return of service of Subpena for documents to Stephen Fry, M.D.) by Overnite (lmh)
	Oct. 10, 2001	DISCOVERY LETTER (Return of Service on Subpoena for documents as to Charles H. Hiles, M.D.) by Overnite (lmh)
25	Oct. 15, 2001	RESPONSE by Overnite to [24-1] opposition memorandum by Equal Employment (lmh)	RECAP
	Oct. 19, 2001	Motion hearing held re: [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite, [2-1] motion to Dismiss by Overnite (Judge Samuel G. Wilson OCR Aaron LaDuke) (lmh)	PACER
	Oct. 19, 2001	Motion hearing held re: [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite, [2-1] motion to Dismiss by Overnite (Judge Samuel G. Wilson OCR Aaron LaDuke) (lmh)
26	Nov. 30, 2001	MEMORANDUM OPINION ( signed by Chief Judge Samuel G. Wilson ) (lmh)	RECAP
27	Nov. 30, 2001	FINAL ORDER ent. granting defendant's [21-2] motion for Summary Judgment; Striking case from the docket of the Court ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 11/30/01] (lmh)	RECAP
	Nov. 30, 2001	COURT REPORTER NOTES as to defendant Overnite filed in Roanoke Division by Court Reporter Aaron LaDuke Carton CV # 158 for hearing date 6/11/01 for Motion to Dismiss (lmh)	PACER
	Nov. 30, 2001	Case closed (lmh)	PACER
	Nov. 30, 2001	COURT REPORTER NOTES as to defendant Overnite filed in Roanoke Division by Court Reporter Aaron LaDuke Carton CV # 158 for hearing date 6/11/01 for Motion to Dismiss (lmh)
	Nov. 30, 2001	Case closed (lmh)
	Dec. 10, 2001	POST OFFICE RETURN of Final Memorandum opinion and order as to Suzanne L Nyfeler, Esq. because insufficient address; Remailed 10/12/01; Faxed order on 11/30/01 to co-counsel at the direction of the Court. (lmh) (Entered: 12/12/2001)	PACER
	Dec. 10, 2001	POST OFFICE RETURN of Final Memorandum opinion and order as to Suzanne L Nyfeler, Esq. because insufficient address; Remailed 10/12/01; Faxed order on 11/30/01 to co-counsel at the direction of the Court. (lmh)
28	Jan. 28, 2002	NOTICE OF APPEAL by Equal Employment . Order appealed: 11/30/01 Order by Judge Samuel G. Wilson) (lmh)	RECAP
	Jan. 29, 2002	Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [28-1] appeal by Equal Employment (lmh)	PACER
	Jan. 29, 2002	Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [28-1] appeal by Equal Employment (lmh)
	Feb. 11, 2002	NOTICE of Docketing ROA from USCA Re: [28-1] appeal by Equal Employment USCA Number: 02-1135 Docket Clerk Barbara H. Rowe (lmh) (Entered: 02/12/2002)	PACER
	Feb. 11, 2002	NOTICE of Docketing ROA from USCA Re: [28-1] appeal by Equal Employment USCA Number: 02-1135 Docket Clerk Barbara H. Rowe (lmh)
	Feb. 12, 2002	USCA NOTICE/Request for record (lmh)	PACER
	Feb. 12, 2002	USCA NOTICE/Request for record (lmh)
	Feb. 13, 2002	RECORD ON APPEAL in 2 volumes sent to U.S. Court of Appeals: Re [28-1] appeal by Equal Employment (lmh)	PACER
	Feb. 13, 2002	RECORD ON APPEAL in 2 volumes sent to U.S. Court of Appeals: Re [28-1] appeal by Equal Employment (lmh)
	Feb. 19, 2002	Appeal record received in USCA on 2/14/02 (lmh)	PACER
	Feb. 19, 2002	Appeal record received in USCA on 2/14/02 (lmh)
29	March 18, 2002	TRANSCRIPT of Motion for summary judgment for dates of 10/19/01 (OCR Aaron LaDuke) (lmh) (Entered: 03/19/2002)	RECAP
	March 28, 2002	Supplemental to USCA: Transcript of 10/19/01; Filed 3/18/02 [28-1] appeal by Equal Employment (lmh)	PACER
	March 28, 2002	Supplemental to USCA: Transcript of 10/19/01; Filed 3/18/02 [28-1] appeal by Equal Employment (lmh)
	April 4, 2002	Supplement to record rec. in U. S. Court of Appeals on 4/1/02 (lmh) (Entered: 04/05/2002)	PACER
	April 4, 2002	Supplement to record rec. in U. S. Court of Appeals on 4/1/02 (lmh)
	May 13, 2002	COURT REPORTER NOTES as to defendant Overnite filed in Roanoke Division by Court Reporter Aaron LaDuke, OCR for hearing date 10/19/01 for MSJ (rtb)	PACER
	May 13, 2002	COURT REPORTER NOTES as to defendant Overnite filed in Roanoke Division by Court Reporter Aaron LaDuke, OCR for hearing date 10/19/01 for MSJ (rtb)
	Aug. 27, 2002	JUDGMENT OF USCA (certified copy) dismissing per consent motion [28-1] appeal by Equal Employment (mka)	PACER
	Aug. 27, 2002	RECORD ON APPEAL returned from U.S. Court of Appeals: [28-1] appeal (mka)	PACER
	Aug. 27, 2002	JUDGMENT OF USCA (certified copy) dismissing per consent motion [28-1] appeal by Equal Employment (mka)
	Aug. 27, 2002	RECORD ON APPEAL returned from U.S. Court of Appeals: [28-1] appeal (mka)

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Case Details

State / Territory:

Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 30, 2001

Closing Date: Aug. 27, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private 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

Overnite Transporation Company

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Western District of Virginia 7:01-cv-00076

U.S. Court of Appeals for the Fourth Circuit 02-01135

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. OVERNITE TRANSPORTATION COMPANY, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8001/ (last updated 7/3/2007).