University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ZAPPALA FARMS, INC. EE-NY-0189
Docket / Court 5:02-cv-01220-NPM-GJD ( N.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
In September 2002, the New York (along with the Washington, D.C.) office of the EEOC brought this ADA suit against Zappala Farms, Inc. in the U.S. District office for the Northern District of New York. The complaint alleged that the defendant discriminated against the claimant because of his ... read more >
In September 2002, the New York (along with the Washington, D.C.) office of the EEOC brought this ADA suit against Zappala Farms, Inc. in the U.S. District office for the Northern District of New York. The complaint alleged that the defendant discriminated against the claimant because of his disability. More specifically, the defendant decreased the claimants pay and retaliated against the claimant by terminating his employment because of his severed hand. The claimant intervened in the EEOC's suit in November 2002 adding claims under Migrant and Seasonal Agricultural Worker Protection Act Claim and the New York Human Righst Law. The case settled by entry of a consent decree in October 2003.

The three year consent decree required the defendant to provide anti-discrimination training for all employees, post notice, maintain an Anti-Discrimination and Anti-Harassment Policy, pay the claimant $13,000 in damages and $3,000 for attorney's fees, and refrain from discrimination and retaliation.

Lionel Joiner - 06/18/2007


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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
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Pay / Benefits
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Zappala Farms, 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 2003 - 2006
Case Closing Year 2003
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)
5:02-cv-01220-NPM-GJD (N.D.N.Y.) 10/16/2003
EE-NY-0189-9000.pdf | Detail
General Documents
Complaint 09/25/2002
EE-NY-0189-0001.pdf | Detail
Complaint in Intervention 11/27/2002
EE-NY-0189-0002.pdf | Detail
Consent Decree 10/15/2003
EE-NY-0189-0003.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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