University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. RMAX SERVICES EE-MD-0103
Docket / Court CCB-03-CV-2649 ( 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
EEOC's Baltimore, MD office filed this ADA lawsuit against the defendant RMAX Services, LLC in the United States District Court for the District of Maryland (Baltimore) on 09/15/2003. EEOC alleged on behalf of a former employee with reactive airways disease and bronchial asthma that she was ... read more >
EEOC's Baltimore, MD office filed this ADA lawsuit against the defendant RMAX Services, LLC in the United States District Court for the District of Maryland (Baltimore) on 09/15/2003. EEOC alleged on behalf of a former employee with reactive airways disease and bronchial asthma that she was subject to retaliatory discharge because of a request for reasonable accommodation for her disability. The retaliation occurred at defendant's Salisbury, MD facility. The individual complainant did not intervene or file a separate lawsuit.

The defendant filed a motion to dismiss because EEOC got the defendant's name wrong in the original complainant. The district court denied the motion as moot after EEOC corrected the defendant's name in an amended complainant. Thereafter the parties engaged in some discoveries and then settled the case. A consent decree was entered on 10/06/2004.

Under the consent decree, the defendant agreed to reinstate the complainant with reasonable accommodations and pay to the complainant $10,000 in installments as compensation. The defendant would provide neutral reference for the complainant and expunge from her file all records related to the lawsuit. Additionally, the defendant was required to post EEO notices for at least one year and provide training to all managers.

Justin Kanter - 07/16/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reinstatement
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
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) RMAX Services, LLC
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 not on record
Case Closing Year 2004
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)
1:03-cv-02649-CCB (D. Md.) 10/06/2004
EE-MD-0103-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/15/2003
EE-MD-0103-0001 PDF | Detail
Order 12/02/2003 (D. Md.)
EE-MD-0103-0002 PDF | Detail
Amended Complaint 12/03/2003
EE-MD-0103-0003 PDF | Detail
Consent Decree 10/05/2004
EE-MD-0103-0004 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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