University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name United States v. University of Michigan EE-MI-0198
Docket / Court 2:15-cv-12582-BAF-RSW ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On July 22, 2015, the Civil Rights Division of the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the University of Michigan. The DOJ brought this suit on behalf of an employee of the University who had filed a charge of ... read more >
On July 22, 2015, the Civil Rights Division of the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the University of Michigan. The DOJ brought this suit on behalf of an employee of the University who had filed a charge of discrimination with the Equal Employment Opportunity Commission, claiming that the University had discriminated against her in violation of Title I of the Americans with Disabilities Act by denying her a reasonable accommodation.

Specifically, the complaint alleged that the University of Michigan did not offer the employee a transfer or reassignment after she suffered a back injury that prevented her from being able to carry out her job. In addition, according to the complaint, the University did not give the employee "priority placement" into a vacant position as outlined in the University's own Standard Practice Guide, even after the employee applied for several jobs at the University. Instead, the University utilized a "best qualified" standard in selecting candidates for a vacant position, even when considering reassignments for reasonable accommodation. The DOJ requested monetary relief on behalf of the employee and injunctive relief to address the University's ADA violations.

The University of Michigan settled with the DOJ in a consent decree filed with the complaint. Without admitting fault, the University agreed to modify its policies, practices, and procedures, including eliminating the application of the "best qualified" standard when considering reassignments as a reasonable accommodation and implementing a policy to reassign employees with disabilities to vacant positions for which they are qualified without competition for the position, when no accommodation is available in the current job. In addition, the University agreed to train its supervisors and human resource staff regarding the requirements of reasonable accommodation under the ADA. Finally, the University agreed to pay $156,674.37 to the employee mentioned in the complaint and an additional $58,445.47 to another affected individual.

The consent decree was signed by District Judge Bernard A. Friedman on August 3, 2015 and the case is now closed.

John He - 09/28/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Comply with advertising/recruiting requirements
Develop anti-discrimination policy
Follow recruitment, hiring, or promotion protocols
Hire
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Utilize objective hiring/promotion criteria
Defendant-type
College/University
Disability
disability, unspecified
Mobility impairment
Discrimination-area
Accommodation / Leave
Demotion
Discharge / Constructive Discharge / Layoff
Hiring
Medical Exam / Inquiry
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Seniority
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Pattern or Practice
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) University of Michigan
Plaintiff Description U.S. Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
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 2015 - 2018
Case Closing Year 2015
Case Ongoing No
Additional Resources
click to show/hide detail
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)
2:15-cv-12582-BAF-RSW (E.D. Mich.) 08/03/2015
EE-MI-0198-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for a Jury Trial 07/22/2015
EE-MI-0198-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/03/2015 (E.D. Mich.)
EE-MI-0198-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Friedman, Bernard A. (E.D. Mich.)
EE-MI-0198-0002 | EE-MI-0198-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bond, Rebecca B. (District of Columbia)
EE-MI-0198-0001 | EE-MI-0198-0002
DeClercq, Susan K. (Michigan)
EE-MI-0198-0001 | EE-MI-0198-9000
Foran, Sheila (District of Columbia)
EE-MI-0198-0001 | EE-MI-0198-0002
Gorland, Jennifer (Michigan)
EE-MI-0198-0001
Hill, Eve L. (District of Columbia)
EE-MI-0198-0001 | EE-MI-0198-0002
Lynch, Loretta (New York)
EE-MI-0198-0001
Maisels, Amanda (District of Columbia)
EE-MI-0198-0001 | EE-MI-0198-0002
Smith, Rachel M (Pennsylvania)
EE-MI-0198-0001 | EE-MI-0198-0002
Defendant's Lawyers Masson, David (Michigan)
EE-MI-0198-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -