University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BUTTERWORTH INDUSTRIES INC EE-IN-0013
Docket / Court 1:04-cv-00300-WCL-RBC ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Indianapolis Office of the EEOC filed this action in the District Court for the Northern District of Indiana. The Defendant was Butterworth Industries, Inc., an industrial equipment maintenance and protection provider. The controversy involved the alleged failure of the Defendant to ... read more >
The Indianapolis Office of the EEOC filed this action in the District Court for the Northern District of Indiana. The Defendant was Butterworth Industries, Inc., an industrial equipment maintenance and protection provider. The controversy involved the alleged failure of the Defendant to reasonably accommodate a physically disabled employee and then discharging her. The lawsuit was filed in August of 2004 and was eventually resolved by consent decree in June of 2005. The litigation appeared to be rather contentious, as the EEOC filed numerous motions to compel discovery and eventually a motion for sanctions, which was granted. The complainant, who did not intervene in the case, was awarded $5,500 and a guarantee of neutral reference and no mention of the incident in her personnel file. In addition, those involved were required to attend a training seminar and the company had to post a Notice and adopt a written policy prohibiting discrimination. The decree was to last for five years.

Tony Verticchio - 06/30/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
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) Butterworth Industries 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 2005 - 2010
Case Closing Year 2005
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)
1:04-cv-00300-WCL-RBC (N.D. Ind.) 06/17/2005
EE-IN-0013-9000 PDF | Detail
General Documents
Complaint 08/12/2004
EE-IN-0013-0001 PDF | Detail
Order [Regarding Plaintiff's Motion to Compel] 02/24/2005 (N.D. Ind.)
EE-IN-0013-0002 PDF | Detail
Order [Regarding Plaintiff's Second Motion to Compel] 03/15/2005 (N.D. Ind.)
EE-IN-0013-0003 PDF | Detail
Order [Regarding Plaintiff's Motion for an Order to Compel Compliance] 03/17/2005 (N.D. Ind.)
EE-IN-0013-0004 PDF | Detail
Consent Decree 06/17/2005
EE-IN-0013-0005 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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