University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE HOME DEPOT EE-NY-0073
Docket / Court 2:03-cv-04860-DLI-VVP ( E.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's New York district office sued The Home Depot, a national hardware supplier, on September 24, 2003 in the U.S. District Court for the Eastern District of New York. The EEOC's complaint alleged that The Home Depot violated the Americans with Disabilities Act when it discriminated against ... read more >
The EEOC's New York district office sued The Home Depot, a national hardware supplier, on September 24, 2003 in the U.S. District Court for the Eastern District of New York. The EEOC's complaint alleged that The Home Depot violated the Americans with Disabilities Act when it discriminated against the intervenor employee, who intervened in July 2004, by failing to accommodate her mental retardation and firing her because of her disability. After a series of status/management conferences and repeated mediation attempts, the parties entered into a consent decree on September 17, 2005. The consent decree stipulated that The Home Depot would not discriminate based on disability, would not retaliate against individuals asserting rights under the ADA, maintain non-discrimination policies to ensure compliance with the ADA, add training concerning compliance with the ADA to its pre-existing anti-discrimination training, post notice of compliance with the ADA, and pay the intervenor $75,000 in damages.

Aaron Weismann - 06/05/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
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 State Anti-Discrimination Law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1981
Defendant(s) The Home Depot
The Home Depot
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 2005 - 2007
Case Closing Year 2005
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-04860-DLI-VVP (E.D.N.Y.) 01/17/2006
EE-NY-0073-9000.pdf | Detail
General Documents
Complaint 09/24/2003
EE-NY-0073-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Intervenor Complaint 09/01/2004
EE-NY-0073-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree with Exhibits 10/11/2005
EE-NY-0073-0005.pdf | Detail
EEOC Litigation Settlement Report (October 2005) 10/31/2005
EE-NY-0073-0003.pdf | Detail
Judges None on record
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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