University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SEARS, ROEBUCK & CO. EE-NC-0098
Docket / Court 1:01-cv-00641-NCT ( M.D. N.C. )
State/Territory North Carolina
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Charlotte district office sued Sears, Roebuck & Company on June 29, 2001 in the U.S. District Court for the Middle District of North Carolina. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical ... read more >
The EEOC's Charlotte district office sued Sears, Roebuck & Company on June 29, 2001 in the U.S. District Court for the Middle District of North Carolina. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical disability (blindness). Following a number of discovery disputes, the parties successfully reached a settlement in a settlement conference taking place just weeks prior to the scheduled trial in the case. The EEOC and the defendant entered into a consent decree on January 10, 2003, which stipulated that the defendant would pay the complainant $125,000 in damages, post a notice of compliance with the ADA, provide ADA training to its managers, provide for an EEO compliance official, allow the EEOC investigatory access, and report requests for reasonable accommodation. The intervenor and the defendant entered a voluntary dismissal of the intervenor's claims on January 13, 2003.

Aaron Weismann - 06/22/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Sears, Roebuck & Co.
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 - 2004
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)
1:01-cv-00641-NCT (M.D. N.C.) 01/24/2003
EE-NC-0098-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EEOC and Sears, Roebuck & Co. Settle Disability Discrimination Suit [EEOC Press Release] 01/09/2003
EE-NC-0098-0003.pdf | Detail
Consent Decree 01/10/2003
EE-NC-0098-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice 01/24/2003 (M.D. N.C.)
EE-NC-0098-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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