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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Harris Bank EE-IL-0331
Docket / Court 1:12-cv-07793 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Attorney Organization EEOC
Case Summary
On September 28, 2012, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court for the Northern District of Illinois on behalf of disabled employees who lost their jobs after taking leave related to their disability. The complaint alleged violations of the ... read more >
On September 28, 2012, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court for the Northern District of Illinois on behalf of disabled employees who lost their jobs after taking leave related to their disability. The complaint alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12112(a), 12112(b)(5)(A) and (b)(5)(B) and Title I of Civil Rights Act of 1991. The EEOC asked the court to grant injunctive relief and for compensatory and punitive damages to the disabled defendants.

On May 2, 2013, the District Court (Judge Harry D. Leinenweber) approved a two-year consent decree in which the parties agreed: [1] to forbid the defendant from not allowing disabled employees to return to work and to prohibit the defendant from retaliation against the people who filed ADA complaints; [2] to damages in the amount of $400,000 to be distributed among 14 claimants; [3] that the defendant must keep and make publicly available records of employees who are returning to work after medical leave; [4] to have all of defendant's human resources employees trained in the ADA and the American Family and Medical Leave Act; [5] that the defendant hire an Accommodations Consultant to review all of defendant's decisions about medical leave; [6] that the defendant post notice of the decree for duration of the decree. This agreement closed the case.

Brian Kempfer - 11/07/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Commerce Power
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Reasonable Accommodation
Recordkeeping
Retaliation Prohibition
Disability
disability, unspecified
Discrimination-area
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
EEOC intervened in private suit
General
Disparate Treatment
Reasonable Accommodations
Staff (number, training, qualifications, wages)
Plaintiff Type
EEOC Plaintiff
Type of Facility
Non-government for profit
Causes of Action Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Harris Bank
Plaintiff Description EEOC, on behlad of 14 disabled employees that had lost their jobs after taking leave related to their disability
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2015
Case Closing Year 2013
Case Ongoing Yes
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)
1:12-cv-07793 (N.D. Ill.) 05/02/2013
EE-IL-0331-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2012
EE-IL-0331-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 05/02/2013 (N.D. Ill.)
EE-IL-0331-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit 05/09/2013
EE-IL-0331-0003 PDF | Detail
Document Source: EEOC.gov
Judges Leinenweber, Harry Daniel (N.D. Ill.)
EE-IL-0331-0002 | EE-IL-0331-9000
Monitors/Masters None on record
Plaintiff's Lawyers DeCamp, Aaron (Illinois)
EE-IL-0331-0001 | EE-IL-0331-0002 | EE-IL-0331-9000
Hendrickson, John C. (Illinois)
EE-IL-0331-0001 | EE-IL-0331-0002 | EE-IL-0331-9000
Smason, Diane I. (Illinois)
EE-IL-0331-0001 | EE-IL-0331-0002 | EE-IL-0331-9000
Defendant's Lawyers Alper, Bruce R. (Illinois)
EE-IL-0331-0002 | EE-IL-0331-9000
Cleveland, Michael G. (Illinois)
EE-IL-0331-9000
Other Lawyers None on record

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