University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FAMILY DOLLAR SERVICES INC EE-VA-0033
Docket / Court 5:03-cv-00083-sgw ( W.D. Va. )
State/Territory Virginia
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the EEOC district office in Baltimore, Maryland brought this suit against Family Dollar Services, Inc., a regional discount retail chain, in the U.S. District Court for the Western District of Virginia. Although the complaint is not available, the EEOC press release states that ... read more >
In September 2003, the EEOC district office in Baltimore, Maryland brought this suit against Family Dollar Services, Inc., a regional discount retail chain, in the U.S. District Court for the Western District of Virginia. Although the complaint is not available, the EEOC press release states that the aggrieved female employee unloaded trucks at Defendant's Front Royal, Virginia facility until she underwent surgery for breast cancer. Because she was no longer able to unload trucks without assistance, the defendant terminated her. The EEOC alleged that her termination was a violation of the Americans with Disabilities Act of 1991 (ADA). The parties quickly settled the case, and a consent decree was issued in July 2004.

The consent decree stated that the defendant was not to discriminate against individuals with "a musculoskeletal condition

resulting from cancer surgery" and was not to retaliate against anyone who participated in the investigation or litigation of the case. The defendant was required to pay the aggrieved employee $50,000 and issue her a neutral reference letter, post ADA notices, and provide EEO training concerning the ADA.

Jason Chester - 06/12/2007


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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
Recordkeeping
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) Family Dollar Services, 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 - 2005
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)
5:03-cv-00083-sgw (W.D. Va.) 07/29/2004
EE-VA-0033-9000 PDF | Detail
General Documents
Consent Decree 07/29/2004
EE-VA-0033-0002 PDF | Detail
EEOC Litigation Settlement Report (July 2004) 07/31/2004
EE-VA-0033-0001 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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