Case: EEOC v. UNITED PARCEL SERVICE

2:06-cv-01971 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 10, 2006

Closed Date: Dec. 5, 2006

Clearinghouse coding complete

Case Summary

In May 2006, the EEOC district office in Philadelphia, Pennsylvania brought this suit against United Parcel Service, Inc., an international parcel courier, in the U.S. District Court for the Eastern District of Pennsylvania. The complainant successfully intervened in August 2006. The complaint states that a male diagnosed with a degenerative ailment of the eyes alleged violations of the Americans with Disabilities Act when the defendant made no attempt to accommodate him and subsequently fired him from his sorter/loader position. Specifically, the complaint states that regardless of a blemish free safety and performance record, the defendant insisted that the employee was a danger to himself and other employees when it decided to terminate the disabled employee. Shortly after a settlement conference was held in November, the parties entered into a consent decree in December 2006. The decree is currently unavailable.

Summary Authors

Joel Pettit (6/16/2007)

Documents in the Clearinghouse

Document

2:06-cv-01971

Docket

EEOC v. United Parcel Service

Dec. 5, 2006

Dec. 5, 2006

Docket
1

2:06-cv-01971

Complaint

EEOC v. United Parcel Service

May 10, 2006

May 10, 2006

Complaint
13

2:06-cv-01971

Complaint in Intervention

EEOC v. United Parcel Service

Aug. 10, 2006

Aug. 10, 2006

Complaint

Resources

Docket

Last updated March 18, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against UNITED PARCEL SERVICE , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ti, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

Summons Issued as to UNITED PARCEL SERVICE, One Original Forwarded To: Counsel on 5/10/06 (ti, ) Modified on 5/10/2006 (ti, ). (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

2

Joint Stipulation for Extension of Time to File Answer re 1 Complaint filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, UNITED PARCEL SERVICE.Joint Stipulation.(NADLER, JONATHAN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 6/14/2006 (np). (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

3

NOTICE of Appearance by JONATHAN R. NADLER on behalf of UNITED PARCEL SERVICE with Certificate of Service (NADLER, JONATHAN) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

4

NOTICE of Hearing: RULE 16 STATUS CONFERENCE SET FOR 8/1/2006 04:30 PM IN JUDGE'S CHAMBERS, ROOM 13614, U.S. COURTHOUSE, BEFORE THE HONORABLE MARY A. MCLAUGHLIN. (cps, ) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

5

ANSWER to Complaint by UNITED PARCEL SERVICE with Affirmative Defenses, Certificate of Service. (TOCCI, GARY) Modified on 7/12/2006 (np). (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

6

MOTION TO INTERVENE FILED BY EUGENIO D'OLIVEIRA WITH CERTIFICATE OF SERVICE. (Original of Complaint in Intervention attached) (Attachments: # 1 Proposed Order# 2 Exhibit A)(le, ) (Entered: 07/27/2006)

July 26, 2006

July 26, 2006

7

STIPULATION AND ORDER THAT THE NAME OF THE DEFENDANT IN THIS MATTER SHALL BE CHANGED FROM UNITED PARCEL SERVICE TO UNITED PARCEL SERVICE, INC. AND THAT, IN ALL SUBSEQUENT COURT PLEADINGS, THE NAME OF THE DEFENDANT SHALL BE UNITED PARCEL SERVICE, INC.. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 7/31/06. 8/1/06 ENTERED AND COPIES MAILED AND FAXED.(le, ) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

8

SCHEDULING ORDER THAT DISCOVERY IS DUE BY 2/28/2007, DAUBERT MOTIONS, SUMMARY JUDGMENT MOTIONS AND ALL OTHER DISPOSITIVE MOTIONS ARE DUE BY 5/18/2007. THIS MATTER IS REFERRED TO MAGISTRATE JUDGE DAVID R. STRAWBRIDGE FOR A SETTLEMENT CONFERENCE TO BE HELD DURING OCTOBER, 2006. THE COURT WILL HOLD A TELEPHONE CONFERENCE ON 5/24/07 AT 4:30 PM TO DISCUSS SCHEDULING OF THE REMAINDER OF THE CASE. COUNSEL FOR THE PLAINTIFF SHALL INITIATE THE CALL. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 8/1/06. 8/2/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

Set/Reset Hearings: (le, ) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

9

TELEPHONE CONFERENCE SET FOR 8/15/2006 at 9:00 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL. COPIES OF NOTICE MAILED TO COUNSEL BY CHAMBERS.(sah) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

10

Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Status Conference held on 8/1/06. (le, ) (Entered: 08/04/2006)

Aug. 3, 2006

Aug. 3, 2006

11

RESPONSE to Motion re 6 MOTION to Intervene with Certificate of Service filed by UNITED PARCEL SERVICE, INC.. (NADLER, JONATHAN) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

12

ORDER THAT THE MOTION TO INTERVENE FILED BY EUGENIO D'OLIVEIRA IS GRANTED. MR. D'OLIVEIRA MAY FILE A COMPLAINT IN INTERVENTION WITHIN THIRTY (30) DAYS OF THIS ORDER. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 8/10/06.8/10/06 ENTERED AND COPIES MAILED, E-MAILED. (fdc) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

13

COMPLAINT against UNITED PARCEL SERVICE, INC. , filed by EUGENIO D'OLIVEIRA.(fdc, ) (Entered: 08/11/2006)

Aug. 10, 2006

Aug. 10, 2006

14

ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 11/15/2006 AT 9:30 AM IN COURTROOM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. SIGNED BY JUDGE DAVID R. STRAWBRIDGE ON 8/15/06. 8/15/06 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

15

Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Telephone Conference held on 8/15/06. (pr, ) (Entered: 08/16/2006)

Aug. 15, 2006

Aug. 15, 2006

16

Disclosure with Certificate of Service by UNITED PARCEL SERVICE, INC..(WILLIAMSON, JAMES) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

17

ANSWER to Complaint in Intervention with Certificate of Service by UNITED PARCEL SERVICE, INC..(WILLIAMSON, JAMES) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

18

Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Settlement Conference held on 11/15/06. (le, ) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

20

ORDER THAT THIS MATTER IS DISMISSED WITH PREJUDICE AND WITHOUT COSTS PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 12/4/06. 12/5/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

21

CONSENT DECREE AND ORDER THAT THE COURT HAS JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THIS ACTION, ETC.. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 12/5/06. 12/5/06 ENTERED AND COPIES MAILED AND FAXED.(le, ) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 10, 2006

Closing Date: Dec. 5, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United Parcel Service, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit