University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Britthaven, Inc. EE-NC-0139
Docket / Court 5:12-CV-00818 ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On December 27, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female cook diagnosed with breast cancer, filed a lawsuit in the Eastern District Court of North Carolina under the Americans with Disabilities Act of 1990, as amended, ("ADA") and Title I of the Civil Rights ... read more >
On December 27, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female cook diagnosed with breast cancer, filed a lawsuit in the Eastern District Court of North Carolina under the Americans with Disabilities Act of 1990, as amended, ("ADA") and Title I of the Civil Rights Act of 1991 against Britthaven, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, and attorneys' fees and costs, claiming that the defendant discriminated against one if its employees based on her disability when it terminated the employee's employment while she was on medical leave for chemotherapy treatments.

The employee began working as a full-time cook for the defendant on September 25, 2009 and was diagnosed with breast cancer a few months later. She immediately notified the defendant of her diagnosis and her treatment plan. The employee received chemotherapy treatment until about October 2010, where she underwent surgery related to her breast cancer. She gave the defendant a doctor's note requesting four to six weeks of medical leave for the surgery. The defendant responded it would be glad to have the employee return back to work on December 10, 2010. However, on November 29, 2010, the employee received a call from her supervisor saying she was going to get fired for not coming into work. The employee was given the option of resigning, but when she refused to do so, the defendant terminated her employment.

On January 9, 2014, the District Court (Judge William Earl Britt) issued a consent decree where, among other things, the defendant agreed to pay the employee $50,000.

Perry Miska - 04/06/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Britthaven, Inc.
Plaintiff Description EEOC on behalf of a female cook
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted Moot
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 2014 - 2016
Case Closing Year 2014
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)
5:12−cv−00818 (E.D.N.C.) 01/09/2014
EE-NC-0139-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Joint Motion for Entry of Consent Protective Order 05/22/2013 (E.D.N.C.)
EE-NC-0139-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting the Parties' Joint Motion for a Protective Order 05/23/2013 (E.D.N.C.)
EE-NC-0139-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint; Jury Trial Demand 12/27/2013
EE-NC-0139-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/09/2014 (E.D.N.C.)
EE-NC-0139-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Britt, William Earl (E.D.N.C.)
EE-NC-0139-0004 | EE-NC-0139-9000
Webb, William Arthur (E.D.N.C.) [Magistrate]
EE-NC-0139-0003
Monitors/Masters None on record
Plaintiff's Lawyers Barnes, Lynette (North Carolina)
EE-NC-0139-0001 | EE-NC-0139-0002
Burnside, Tina (Minnesota)
EE-NC-0139-0001 | EE-NC-0139-0002
Lee, James L. (District of Columbia)
EE-NC-0139-0001 | EE-NC-0139-0002
Lopez, P. David (Texas)
EE-NC-0139-0001 | EE-NC-0139-0002
Mahood, Zoe G. (North Carolina)
EE-NC-0139-0001 | EE-NC-0139-0002 | EE-NC-0139-9000
Defendant's Lawyers McGuire, Gregory (North Carolina)
EE-NC-0139-9000
Shipley, Margaret Scholz (North Carolina)
EE-NC-0139-9000
Other Lawyers Reams, Gwendolyn Young (District of Columbia)
EE-NC-0139-0001 | EE-NC-0139-0002

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