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)

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Documents in the Clearinghouse

Document

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 25, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

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

Sept. 30, 2003

Sept. 30, 2003

2

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)

Nov. 17, 2003

Nov. 17, 2003

3

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)

Nov. 19, 2003

Nov. 19, 2003

4

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

Dec. 1, 2003

Dec. 1, 2003

5

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)

Dec. 5, 2003

Dec. 5, 2003

6

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

Dec. 31, 2003

Dec. 31, 2003

7

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)

Dec. 31, 2003

Dec. 31, 2003

8

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)

Jan. 2, 2004

Jan. 2, 2004

9

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)

Jan. 13, 2004

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)

Jan. 13, 2004

Jan. 13, 2004

10

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

Jan. 13, 2004

Jan. 13, 2004

11

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

Jan. 13, 2004

Jan. 13, 2004

12

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

Jan. 15, 2004

Jan. 15, 2004

13

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

Jan. 15, 2004

Jan. 15, 2004

14

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)

Jan. 16, 2004

Jan. 16, 2004

15

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

Jan. 21, 2004

Jan. 21, 2004

16

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

Jan. 21, 2004

Jan. 21, 2004

17

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

Jan. 23, 2004

Jan. 23, 2004

18

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)

Jan. 30, 2004

Jan. 30, 2004

19

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

Jan. 30, 2004

Jan. 30, 2004

20

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

Jan. 30, 2004

Jan. 30, 2004

21

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

Jan. 30, 2004

Jan. 30, 2004

23

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)

Feb. 9, 2004

Feb. 9, 2004

24

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

Feb. 10, 2004

Feb. 10, 2004

25

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)

Feb. 17, 2004

Feb. 17, 2004

26

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

Feb. 18, 2004

Feb. 18, 2004

27

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)

Feb. 19, 2004

Feb. 19, 2004

28

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

March 1, 2004

March 1, 2004

29

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)

March 3, 2004

March 3, 2004

30

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

March 3, 2004

March 3, 2004

31

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)

March 8, 2004

March 8, 2004

32

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)

March 18, 2004

March 18, 2004

33

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)

March 18, 2004

March 18, 2004

35

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)

March 22, 2004

March 22, 2004

36

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)

April 1, 2004

April 1, 2004

37

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)

April 6, 2004

April 6, 2004

38

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)

April 6, 2004

April 6, 2004

39

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

April 15, 2004

April 15, 2004

40

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

April 16, 2004

April 16, 2004

41

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)

April 16, 2004

April 16, 2004

42

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)

April 20, 2004

April 20, 2004

43

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

April 20, 2004

April 20, 2004

44

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

June 17, 2004

June 17, 2004

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

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

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Available 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: $50,000

Order Duration: 2004 - 2006

Content of Injunction:

Neutral/Positive Reference

Reasonable Accommodation

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits