University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NORTH AMERICA AVIATION SERVICES INC EE-MD-0085
Docket / Court 1:03-cv-02289-BEL ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2003, the Baltimore District Office of the EEOC brought this suit against North American Aviation Services BA, Inc. (d/b/a NAAS) and related businesses in the U.S. District Court for the District of Maryland alleging discrimination in violation of the Americans with Disabilities Act of 199 ... read more >
In August 2003, the Baltimore District Office of the EEOC brought this suit against North American Aviation Services BA, Inc. (d/b/a NAAS) and related businesses in the U.S. District Court for the District of Maryland alleging discrimination in violation of the Americans with Disabilities Act of 1990 ("ADA"). Specifically, the defendant failed to reasonably accommodate the charging party's disability, Hepatitis C, by refusing to give him unpaid sick leave to receive treatment and by disciplining and terminating him because of his disability. After some scheduling orders, the parties settled the case in March 2004 through a consent decree.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to post an ADA notice at its Baltimore facility and to pay $30,000 to the charging party. In addition, the defendant agreed to require its employees with managerial or human resource authority over its Baltimore facility to read the EEOC publication "The Americans with Disabilities Act: A Primer for Small Business" and to provide written certification of compliance to the EEOC.

Michele Marxkors - 06/15/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Reporting
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) North American Aviation Services BA, 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)
1:03-cv-02289-BEL (D. Md.) 03/29/2004
EE-MD-0085-9000 PDF | Detail
General Documents
Complaint 08/06/2003
EE-MD-0085-0001 PDF | Detail
Consent Decree 03/29/2004
EE-MD-0085-0002 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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