University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Select Specialty EE-MI-0151
Docket / Court 03-73671 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Detroit District Office of the EEOC brought this action against Select Specialty Hospital in September 2003 in the U.S. District Court for the Eastern District of Michigan, alleging discrimination in violation of Title I of the Americans with Disabilities Act of 1990 ("ADA"). The complaint ... read more >
The Detroit District Office of the EEOC brought this action against Select Specialty Hospital in September 2003 in the U.S. District Court for the Eastern District of Michigan, alleging discrimination in violation of Title I of the Americans with Disabilities Act of 1990 ("ADA"). The complaint alleged that the defendant discriminated against the charging party, a female employee with a back impairment, by failing to reasonably accommodate her impairment and by terminating her based on her perceived disability (her back impairment). Almost immediately, a settlement was reached through a consent decree in late September 2003.

Under the terms of the three-year decree, including non-discrimination and non-retaliation clauses, the defendant agreed to: post an ADA notice, provide ADA training for all its managers and supervisors, and pay the charging party $9,000.

Michele Marxkors - 05/30/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
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) Select Specialty Hospital - Macomb County, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2003 - 2006
Case Closing Year 2003
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)
2:03-cv-73671 (E.D. Mich.) 10/01/2003
EE-MI-0151-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand 09/24/2003
EE-MI-0151-0002 PDF | Detail
Consent Decree 09/30/2003
EE-MI-0151-0001 PDF | Detail
Judges Borman, Paul D. (E.D. Mich.)
EE-MI-0151-0002
Morgan, Virginia M. (E.D. Mich.) [Magistrate]
EE-MI-0151-0002
Monitors/Masters None on record
Plaintiff's Lawyers Dreiband, Eric S. (District of Columbia)
EE-MI-0151-0002
Lee, James L. (District of Columbia)
EE-MI-0151-0002
Pitts, Stanley (Michigan)
EE-MI-0151-0002
Price, Dale (Michigan)
EE-MI-0151-0002
Rapport, Adele (Michigan)
EE-MI-0151-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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