University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Kevin T. Bower v. Roadway Express, Inc. EE-OR-0025
Docket / Court 06-CV-282 ( D. Or. )
State/Territory Oregon
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On March 1, 2006, plaintiff, a disabled veteran, brought suit in the U.S. District Court for the District of Oregon under 38 U.S.C. §§4311, 4312, and 4313 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Roadway Express, Inc. The plaintiff, represented by ... read more >
On March 1, 2006, plaintiff, a disabled veteran, brought suit in the U.S. District Court for the District of Oregon under 38 U.S.C. §§4311, 4312, and 4313 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Roadway Express, Inc. The plaintiff, represented by the U.S. Department of Justice, ask the court for declaratory relief and injunctive relief reinstating the plaintiff to an equivalent position as he would have occupied had he remained employed at Roadway, as well as damages equal to lost wages, claiming that his discharge by Roadway violated USERRA.

The plaintiff began working for Roadway, Inc. as a truck driver in 1998. In 1999, the plaintiff informed Roadway that he had enlisted in the U.S. Army. Immediately after being informed, Roadway demanded the plaintiff's resignation, which he did not give. Plaintiff went on active duty in 1999. In 2000, the plaintiff received a flu shot while on active duty, after which he contracted a staph infection, endocarditis, and a vertebral bone infection rendering him disabled. As a result of his disability, the Army honorably discharged him in 2001. Upon the plaintiff's return to Roadway from active duty, he was falsely informed that only reservists were protected under USERRA. Plaintiff underwent a fit-for-duty medical examination, which found that, while he could not work in his previous position as a result of his disability, he could adequately fill several other positions at Roadway. Nevertheless, Roadway informed the plaintiff that, because he could not return to his duties as a truck driver, Roadway would not return him to work. Roadway never discussed with the plaintiff any other position of equal seniority, status, and pay as required by USERRA.

In November of 2006, the parties entered into a confidential settlement agreement, and the court dismissed the case.

Kevin Nomura - 03/02/2015


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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Transportation
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Military status discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Defendant(s) Roadway Express, Inc.
Plaintiff Description Honorably discharged veteran rendered disabled by endocarditis and vertebral bone infection while on active duty seeks to return to same or equivalent job with his former employer.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:06-cv-00282-HU (D. Or.) 11/13/2006
EE-OR-0025-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/01/2006
EE-OR-0025-0001.pdf | Detail
Judges Hubel, Dennis James (D. Or.) [Magistrate]
EE-OR-0025-9000
Monitors/Masters None on record
Plaintiff's Lawyers Evans, Neil J. (Oregon)
EE-OR-0025-9000
Hammond, Kristofor J (District of Columbia)
EE-OR-0025-0001 | EE-OR-0025-9000
Immergut, Karin J. (Oregon)
EE-OR-0025-0001
Kim, Wan J. (District of Columbia)
EE-OR-0025-0001
Palmer, David J. (District of Columbia)
EE-OR-0025-0001
Roth, Christine M. (District of Columbia)
EE-OR-0025-0001
Silver, Ronald K. (Oregon)
EE-OR-0025-0001 | EE-OR-0025-9000
Defendant's Lawyers Eckelberry, Rodger L. (Ohio)
EE-OR-0025-9000
Williams, Jeffrey T. (Ohio)
EE-OR-0025-9000
Other Lawyers None on record

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