University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. TEMCOR, INC. EE-CA-0225
Docket / Court 2:01-cv-08351-WMB-RNB ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2001, the EEOC's Los Angeles District Office filed this suit against Temcor, Inc. in the U.S. District Court for the Central District of California alleging discrimination in violation of the Americans with Disabilities Act (ADA). Specifically, the defendant forced the charging party, ... read more >
In September 2001, the EEOC's Los Angeles District Office filed this suit against Temcor, Inc. in the U.S. District Court for the Central District of California alleging discrimination in violation of the Americans with Disabilities Act (ADA). Specifically, the defendant forced the charging party, a deaf employee, to undergo invasive surgery for a cochlear implant in order to retain his job. There were complications, and the implant later had to be removed. After the implant's removal, the defendant refused to reasonably accommodate the charging party's disability and terminated him. After a couple of settlement conferences, the parties settled the case in June 2002 through a consent decree.

The three-year decree, containing a non-discrimination clause, required the defendant to: designate its President as its EEO Consultant to monitor compliance with the ADA, develop an anti-discrimination policy, create complaint and reasonable accommodation procedures, provide annual ADA training, and report to the EEOC at specified intervals. In addition, the defendant agreed to pay the charging party $135,000.

Michele Marxkors - 06/08/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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. ยงยง 12111 et seq.
Defendant(s) Temcor, 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 2002 - 2005
Case Closing Year 2002
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)
2:01-cv-08351-WMB-RNB (C.D. Cal.) 03/07/2003
EE-CA-0225-9000.pdf | Detail
General Documents
Complaint in Intervention 12/12/2001
EE-CA-0225-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/11/2002
EE-CA-0225-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Annual Report 2002 09/30/2002
EE-CA-0225-0003.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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