University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FIVE CAP INC EE-MI-0065
Docket / Court 1:05-cv-00153-RHB ( W.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2005, the EEOC district office in Detroit, Michigan brought this suit against Five Cap, Inc. in the U.S District Court for the Western District of Michigan. The complaint alleged violations of the Americans with Disabilities Act of 1990 (ADA). Specifically, an employee alleged that ... read more >
In February 2005, the EEOC district office in Detroit, Michigan brought this suit against Five Cap, Inc. in the U.S District Court for the Western District of Michigan. The complaint alleged violations of the Americans with Disabilities Act of 1990 (ADA). Specifically, an employee alleged that after she took medical leave, her employer refused to let her come back to work until all of her medical treatment was complete. After the parties attended mediation, a consent decree was entered in November 2006.

In the consent decree, the parties agreed that the defendant would regrain from retaliating or discriminating on the basis of disability, pay the complainant $60,000, provide EEO training to all of its supervisors, and post EEO notices. No fees or costs were awarded. The terms of the agreement run for three years.

Jason Chester - 06/21/2007


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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
Provide antidiscrimination training
Reporting
Retaliation Prohibition
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) Five Cap, 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 2006 - 2009
Case Closing Year 2006
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)
1:05-cv-00153-RHB (W.D. Mich.) 11/13/2006
EE-MI-0065-9000.pdf | Detail
General Documents
Complaint 02/28/2005
EE-MI-0065-0001.pdf | Detail
Consent Decree 11/13/2006
EE-MI-0065-0002.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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