Case: EEOC v. PEPSI BOTTLING GROUP (a/k/a PEPSI COLA COMPANY)

2:05-cv-72583 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 29, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The Detroit Office of the EEOC brought this action in the U.S. District Court for the Eastern District of Michigan, against Pepsi Bottling Group a/k/a Pepsi Cola Company, an international soft drink bottling company. The complaint, filed in June 2005, alleged discrimination in violation of the Americans with Disabilities Act. After the charging party was diagnosed with diabetes, he no longer qualified under the then applicable U.S. Department of Transportation (DOT) regulations to transport goo…

The Detroit Office of the EEOC brought this action in the U.S. District Court for the Eastern District of Michigan, against Pepsi Bottling Group a/k/a Pepsi Cola Company, an international soft drink bottling company. The complaint, filed in June 2005, alleged discrimination in violation of the Americans with Disabilities Act. After the charging party was diagnosed with diabetes, he no longer qualified under the then applicable U.S. Department of Transportation (DOT) regulations to transport goods in interstate commerce. Defendant refused to place charging party in an alternative position because he did not pass a Physical Ability Test (PAT). Defendant did not allow for individualized assessment of a person's ability to perform the job. Defendant discharged charging party in April 2002.

Under an 18 month consent decree which was filed 2 weeks after the complaint, the charging party received $75,000 from Defendant. Charging party declined Defendant's offer (made after the complaint was field) to reinstate him with seniority. Under the decree, defendant will make a good faith effort to help charging party obtain a DOT wavier and if he obtains the waiver, Defendant will consider hiring charging party for a driver position. Defendant will not give the PAT to any current employee who is seeking a transfer to a less physically demanding job. Defendant will also prepare materials advising applicants who may have disabilities of their right to seek a reasonable accommodation in taking the PAT. Defendant will not discriminate or retaliate against employees in violation of the ADA.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Shankar Viswanathan (6/22/2007)

Documents in the Clearinghouse

Document

2:05-cv-72583

Docket

EEOC v. Pepsi Bottling Group

July 11, 2005

July 11, 2005

Docket
1

2:05-cv-72583

Complaint

EEOC v. Pepsi Bottling Group

June 29, 2005

June 29, 2005

Complaint
2

2:05-cv-72583

Consent Decree

EEOC v. Pepsi Bottling Group

July 11, 2005

July 11, 2005

Settlement Agreement

EEOC Litigation Settlement Report (July 2005)

EEOC v. Pepsi Bottling Group

No Court

July 31, 2005

July 31, 2005

Press Release

Resources

Docket

Last updated Aug. 7, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
2

CONSENT Decree Signed by Honorable Marianne O Battani. (LHack, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 29, 2005

Closing Date: 2007

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

Pepsi Bottling Group, 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

Complaint (any)

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: 75000

Order Duration: 2005 - 2007

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits