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

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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 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)

Clearinghouse (12/22/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11988335/parties/equal-employment-opportunity-commission-v-pepsi-bottling-group/

Judge(s)

Battani, Marianne O. (Michigan)

Attorney for Plaintiff

Klein, Tammy C. (Michigan)

Rapport, Adele (Michigan)

Judge(s)

Battani, Marianne O. (Michigan)

Attorney for Plaintiff

Klein, Tammy C. (Michigan)

Rapport, Adele (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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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/11988335/equal-employment-opportunity-commission-v-pepsi-bottling-group/

Last updated Sept. 29, 2026, 7:06 p.m.

Docket for: Equal Employment Opportunity Commission v. Pepsi Bottling Group

ECF Number	Date	Description	Link
1	June 29, 2005	COMPLAINT filed by Equal Employment Opportunity Commission against Pepsi Bottling Group, Receipt No. USA.(LHack, ) (Entered: 06/30/2005)	RECAP
2	July 11, 2005	CONSENT Decree Signed by Honorable Marianne O Battani. (LHack, ) (Entered: 07/12/2005)	RECAP

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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

Private Entity/Person

Pepsi Bottling Group

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Michigan 2:05-cv-72583

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

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 75000

Order Duration: 2005 - 2007

Issues

Discrimination Area:

Accommodation / Leave

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

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. PEPSI BOTTLING GROUP (a/k/a PEPSI COLA COMPANY), Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8177/ (last updated 12/22/2018).