Case: EEOC v. Browning-Ferris, Inc.

1:98-cv-03246 | U.S. District Court for the District of Maryland

Filed Date: Sept. 25, 1998

Closed Date: March 3, 2003

Clearinghouse coding complete

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 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.…

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.

Summary Authors

Jason Chester (7/9/2007)

Documents in the Clearinghouse

Document

1:98-cv-03246

Docket (PACER)

EEOC v. Browning-Ferris, Inc

March 3, 2003

March 3, 2003

Docket
28

1:98-cv-03246

Memorandum and Order

Equal Employment Opportunity Commission v. Browning-Ferris, Inc

Sept. 18, 2002

Sept. 18, 2002

Order/Opinion

1:98-cv-03246

Waste Management Company to Pay Nearly $200,000 for Disability Discrimination

EEOC v. Browning-Ferris, Inc

No Court

March 5, 2003

March 5, 2003

Press Release

1:98-cv-03246

EEOC Litigation Settlement Report - March 2003

No Court

April 21, 2003

April 21, 2003

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4288290/eeoc-v-browning-ferris-inc/

Last updated March 27, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

DEMAND for jury trial by EEOC (mdd, Deputy Clerk) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
2

REQUEST FOR WAIVER of service as to Browning-Ferris, Inc 9/25/98. (mdd, Deputy Clerk) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
3

WAIVER OF SERVICE Returned Executed as to Browning-Ferris, Inc. 1/19/99; Answer due on 3/20/99 for Browning-Ferris, Inc. (mdd, Deputy Clerk) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

PACER
4

MOTION with memorandum in support by Browning-Ferris, Inc to Dismiss and exhibits a thru c. (c/s) (mdd, Deputy Clerk) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

PACER
5

MEMORANDUM by EEOC in opposition to [4-1] motion of defendants to Dismiss. (c/s) (mdd, Deputy Clerk) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

PACER
6

MEMORANDUM by Browning-Ferris, Inc in support of its [4-1] motion to Dismiss. (c/s) (mdd, Deputy Clerk) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

PACER
7

MEMORANDUM AND ORDER granting [4-1] motion of Defendant to Dismiss under Rule 12 (b)(6). ( signed by Judge Marvin J. Garbis 7/2/99) (c/m 7/2/99-jw) (microfilmed 7/7/99) (mdd, Deputy Clerk) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
8

JUDGMENT for Defendant Browning-Ferris, Inc against Defendant EEOC DISMISSING all claims with prejudice with costs; DIRECTING any and all prior claims against any parties are incorporated by reference herein; DIRECTING this order shall be deemed to be a final judgment within the meaning of Rule 58 of the FRCP. ( signed by Judge Marvin J. Garbis 7/2/99) (c/m 7/2/99-jw) (microfilmed 7/7/99) (mdd, Deputy Clerk) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
9

NOTICE OF APPEAL by EEOC. Fee Status: (Filing Fee Not Required) Appeal record due on 9/29/99 (c/s) (sls, Deputy Clerk) (Entered: 10/20/1999)

Aug. 30, 1999

Aug. 30, 1999

PACER
10

Certificate of Clerk certifying record as complete for appeal purposes for [9-1] appeal by EEOC (sls, Deputy Clerk) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

PACER
11

ANSWER to Complaint by Browning-Ferris, Inc. (c/s) (das, Deputy Clerk) (Entered: 08/18/2000)

Aug. 14, 2000

Aug. 14, 2000

PACER
12

JUDGMENT OF USCA (certified copy) VACATING AND REMANDING the judgment of the District Court. Re: [9-1] appeal by EEOC. (c/s) (bmh, Deputy Clerk) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER
13

ORDER from the USCA AWARDING appellant $201.60 in costs. (c/s) (bmh, Deputy Clerk) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER
14

ORDER granting [14-1] motion for David L. Gordon to Appear Pro Hac Vice ( signed by Judge Marvin J. Garbis 1/2/01) (c/i 1/2/01) (slf, Deputy Clerk) (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

RECAP
15

ORDER granting [15-1] motion for C. Todd Van Dyke to Appear Pro Hac Vice ( signed by Judge Marvin J. Garbis 1/2/01) (c/i 1/2/01) (fee paid receipt # 1172280) (hml, Deputy Clerk) (Entered: 05/09/2001)

Jan. 2, 2001

Jan. 2, 2001

RECAP
16

ORDER SETTING dates for discovery deadlines and dispositive motions ( signed by Judge Marvin J. Garbis 2/1/01) (c/m 2/1/01 jw) (jnl, Deputy Clerk) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
17

JOINT MOTION by Browning-Ferris, Inc, EEOC to Amend [16-1] order (hml, Deputy Clerk) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

PACER
18

ORDER granting [17-1] joint motion to Amend [16-1] order as therein set forth ( signed by Judge Marvin J. Garbis 6/25/01) (c/m 6/26/01 jrw) (hml, Deputy Clerk) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

PACER
19

STIPULATION AND ORDER APPROVING defendant shall have through and including 8/29/01 to designate any expert witnesses ( signed by Judge Marvin J. Garbis 8/2/01) (c/m 8/3/01 jw) (jnl, Deputy Clerk) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
20

CONSENT ORDER directing the discovery period to end 10/19/01, dispositive motions due 11/27/01 ( signed by Judge Marvin J. Garbis 9/25/01) (c/i 9/25/01) (hml, Deputy Clerk) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

RECAP
21

CONSENT ORDER DIRECTING plaintiff to file its summary judgment motion on or before 11/27/01, defendant to file its cross-motion for summary judgment on or before 12/31/01, plaintiff to file its opposition/reply on or before 1/18/02 and defendant to file its reply on or before 2/6/02 ( signed by Judge Marvin J. Garbis 11/19/01) (c/m 11/19/01 hl) (hml, Deputy Clerk) (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

PACER
22

MOTION with memorandum in support by EEOC for Partial Summary Judgment and Exhibits 1-26 (Exhibits FILED SEPARATELY) (c/s) (hml, Deputy Clerk) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

PACER
23

CROSS-MOTION by Browning-Ferris, Inc for Summary Judgment and Exhibits 1-11 (c/s) (hml, Deputy Clerk) (Entered: 12/31/2001)

Dec. 31, 2001

Dec. 31, 2001

PACER
24

REPLY by EEOC to defendant's response to its [22-1] motion for Partial Summary Judgment and Exhibits 27-33 (c/s) (hml, Deputy Clerk) (Entered: 01/18/2002)

Jan. 18, 2002

Jan. 18, 2002

PACER
25

REPLY by Browning-Ferris, Inc in support of their [23-1] cross-motion for Summary Judgment and Attachment 1 (c/s) (jnl, Deputy Clerk) (Entered: 02/06/2002)

Feb. 6, 2002

Feb. 6, 2002

PACER
26

SUPPLEMENTAL BRIEF by Browning-Ferris, Inc in support of its [23-1] motion for Summary Judgment (c/s) (hml, Deputy Clerk) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

PACER
27

RESPONSE by EEOC to [26-1] supplemental brief in support by Browning-Ferris, Inc (c/s) (hml, Deputy Clerk) (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

PACER
28

MEMORANDUM AND ORDER denying [23-1] motion of defendant for Summary Judgment, denying [22-1] motion of plaintiff for Partial Summary Judgment ( signed by Judge Marvin J. Garbis 9/17/02) (c/i 9/18/02) (jnl, Deputy Clerk) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

RECAP
29

MOTION by Browning-Ferris, Inc for Reconsideration of [28-1] Memorandum and Order denying BFI's motion for summary judgment (c/s) (hml, Deputy Clerk) (Entered: 10/01/2002)

Oct. 1, 2002

Oct. 1, 2002

PACER
30

RESPONSE by EEOC in opposition to [29-1] motion for Reconsideration of [28-1] Memorandum and Order denying BFI's motion for summary judgment by Browning-Ferris, Inc and Attachment (c/s) (hml, Deputy Clerk) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

PACER
31

ORDER SETTING date for trial and other pretrial matters ( signed by Judge Marvin J. Garbis 10/8/02) (c/i 10/8/02) (hml, Deputy Clerk) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

RECAP
32

MEMORANDUM AND ORDER denying [29-1] motion of defendant for Reconsideration of [28-1] Memorandum and Order denying motion for summary judgment ( signed by Judge Marvin J. Garbis 1/3/03) (c/i 1/6/03) (hml, Deputy Clerk) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

RECAP
33

CONSENT ORDER DIRECTING parties have through and including 2/10/03 to file motions in limine, voir dire questions, a neutral summary and requested jury instructions ( signed by Judge Marvin J. Garbis ) (c/i 2/3/03) (jnl, Deputy Clerk) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

RECAP
34

CONSENT DECREE and approval. Signed by Judge Marvin J. Garbis on 3/3/03. (c/m 3/4/03)(hml, Deputy Clerk) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 25, 1998

Closing Date: March 3, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Browning-Ferris, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 194000

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits