University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. FISERV SOLUTIONS INC (d/b/a MORTGAGESERV) EE-IN-0067
Docket / Court 3:05-cv-00469-AS-CAN ( 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 EEOC's Indianapolis district office sued Fiserv Solutions, Inc., d/b/a Mortgageserv on August 4, 2005 in the U.S. District Court for the Northern District of Indiana. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on ... read more >
The EEOC's Indianapolis district office sued Fiserv Solutions, Inc., d/b/a Mortgageserv on August 4, 2005 in the U.S. District Court for the Northern District of Indiana. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on physical disability (cerebellar degeneration) by failing to allow him to work remotely. The parties entered into a consent decree on October 24, 2006, which stipulated that the defendant would pay the complainant $175,725 in damages, post a notice of compliance with the ADA, provide ADA training to its supervisors at the locations specified in the agreement, draft and distribute a non-discrimination policy, allow the EEOC to enter the defendant's premises to ensure compliance with the consent decree, and report to the EEOC that the defendant has fulfilled its obligations under the consent decree.

Aaron Weismann - 07/11/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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) Fiserv Solutions, Inc.
Fiserv, 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 - 2008
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)
3:05-cv-00469-AS-CAN (N.D. Ind.) 11/20/2006
EE-IN-0067-9000.pdf | Detail
General Documents
Complaint 08/04/2005
EE-IN-0067-0001.pdf | Detail
Order and Opinion [Regarding EEOC's Motion to Compel] 04/18/2006 (N.D. Ind.)
EE-IN-0067-0002.pdf | Detail
Order Denying Motion for Protective Order 05/11/2006 (N.D. Ind.)
EE-IN-0067-0003.pdf | Detail
Order Granting Motion for Protective Order 05/26/2006 (N.D. Ind.)
EE-IN-0067-0004.pdf | Detail
Consent Decree 10/24/2006
EE-IN-0067-0005.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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