University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Bender Shipbuilding EE-AL-0013
Docket / Court 1:01-cv-00358-P-S ( S.D. Ala. )
State/Territory Alabama
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Birmingham district office sued Bender Shipbuildiung & Repair Co., Inc., on May 17, 2001 in the U.S. District Court for the Southern District of Alabama. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a ... read more >
The EEOC's Birmingham district office sued Bender Shipbuildiung & Repair Co., Inc., on May 17, 2001 in the U.S. District Court for the Southern District of Alabama. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical disability (hearing impairment) by failing to hire an otherwise qualified hearing impaired welder. The parties entered into a settlement agreement on November 26, 2002, following the defendant's motion for partial summary judgment filed in July 2002, which was stayed pending trial. The settlement agreement stipulated that the defendant would pay the complainant $10,000 in damages; post a notice of compliance with the ADA; provide ADA training to its managers, supervisors and welder hiring personnel; implement a hiring policy which does not discriminate against hearing impaired individuals because of their disability, allows for their reasonable accommodation, and only disallows hiring an otherwise qualified hearing impaired individual if that individual poses a "direct threat" as defined by the ADA; and annually report hiring decisions for hearing impaired individuals to the EEOC.

Aaron Weismann - 07/10/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Utilize objective hiring/promotion criteria
Disability
Hearing impairment
Discrimination-area
Hiring
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) Bender Shipbuildiung & Repair Co., 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 Voluntary Dismissal
Order Duration 2002 - 2004
Case Closing Year 2002
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)
1:01-cv-00358-P-S (S.D. Ala.) 11/26/2002
EE-AL-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/17/2001
EE-AL-0013-0001.pdf | Detail
Settlement Agreement 11/19/2002
EE-AL-0013-0002.pdf | Detail
Order of Dismissal 11/25/2002 (S.D. Ala.)
EE-AL-0013-0003.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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