University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Browning-Ferris, Inc. EE-MD-0018
Docket / Court R/MJG-98-3246 ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1998, the EEOC district office in Baltimore, Maryland brought this suit against Browning-Ferris, Inc., a waste removal firm, in the U.S. District Court for the District of Maryland. The suit alleged that the defendant violated the Americans with Disabilities Act (ADA) by terminating an ... read more >
In September 1998, the EEOC district office in Baltimore, Maryland brought this suit against Browning-Ferris, Inc., a waste removal firm, in the U.S. District Court for the District of Maryland. The suit alleged that the defendant violated the Americans with Disabilities Act (ADA) by terminating an employee because she suffered from Crohn's Disease, justifying the decision on the grounds that her exposure to different kinds of waste would worsen the disease, contrary to her doctor's assertions.

The court granted the defendant's motion to dismiss, but the EEOC appealed this ruling, and the Court of Appeals reversed the lower court and remanded the case. After cross-motions for summary judgment were both denied, the parties settled and a consent decree was entered in March 2003.

In the consent decree, the parties agreed that the defendant would pay the charging party $194,000, post notice of employees' rights under the ADA, and refrain from discriminating on the basis of disability and from retaliating against the charging party.

Jason Chester - 07/09/2007


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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
Retaliation Prohibition
Discrimination-area
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) Browning-Ferris, 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 None on record
Order Duration not on record
Case Closing Year 1999
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)
1:98-cv-03246-MJG (D. Md.) 03/03/2003
EE-MD-0018-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order 09/18/2002 (D. Md.)
EE-MD-0018-0001.pdf | Detail
Waste Management Company to Pay Nearly $200,000 for Disability Discrimination 03/05/2003
EE-MD-0018-0002.pdf | Detail
EEOC Litigation Settlement Report - March 2003 04/21/2003
EE-MD-0018-0003.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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