University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. TUCKER PLUMBING EE-AZ-0113
Docket / Court CIV 03 1903 PHX MHM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Phoenix office of the EEOC brought this ADA suit against Tucker Plumbing Inc, which provides plumbing installation services, in September 2003 in the U.S. District Court for the District of Arizona. The complaint alleged that the defendant discriminated against the claimant because of a ... read more >
The Phoenix office of the EEOC brought this ADA suit against Tucker Plumbing Inc, which provides plumbing installation services, in September 2003 in the U.S. District Court for the District of Arizona. The complaint alleged that the defendant discriminated against the claimant because of a disability. More specifically, the defendant discharged the claimant, a diabetic, from his position as a plumbing supervisor after he received a prosthetic leg. The claimant still possessed the ability to do the essential functions of his job. The claimant intervened in the EEOC's suit in January 2004 and the parties reached a settlement in November 2004 after a settlement conference with a magistrate judge.

The three year consent decree required the defendant to pay the claimant $112,500 in compensatory damages, expunge from the claimant's record, get yearly training on disability discrimination, and pay a $50 penalty for every day of non-compliance. Other requirements of the consent decree and details of the complaint are unknown because the docket and EEOC Litigation Settlement Report are the only documents available.

Kevin Wilemon - 06/12/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Tucker Plumbing 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 2004 - 2007
Case Closing Year 2004
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-01903-MHM (D. Ariz.) 01/07/2005
EE-AZ-0113-9000.pdf | Detail
General Documents
EEOC Litigation Settlement Report (November 2004) 11/30/2004
EE-AZ-0113-0001.pdf | Detail
Judges Duncan, David K. (D. Ariz.) [Magistrate]
EE-AZ-0113-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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