University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CON-WAY WESTERN EXPRESS, INC. EE-CA-0059
Docket / Court 2:01-cv-00171-LKK-JFM ( E.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In January 2001, the EEOC's San Francisco office filed this suit in the U.S. District Court for the Eastern District of California alleging that defendant Con-Way Western Express violated Title VII of the Civil Rights Act of 1964 when it failed to provide a reasonable religious accommodation for an ... read more >
In January 2001, the EEOC's San Francisco office filed this suit in the U.S. District Court for the Eastern District of California alleging that defendant Con-Way Western Express violated Title VII of the Civil Rights Act of 1964 when it failed to provide a reasonable religious accommodation for an employee and then retaliated against that employee by first suspending and then firing him. The aggrieved party successfully intervened in the case early and the case was referred to Early Neutral Evaluation which did not prove fruitful. Following a stipulated protective order and a small skirmish over an interrogatory question, the parties reached two separate settlement agreements in October 2001 and the case was dismissed with prejudice. The EEOC and the defendant agreed that the defendant would provide a training program for its supervisory employees. The intervenor and defendant reached a confidential settlement agreement.

Tony Friedman - 07/13/2007


compress summary

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Issues and Causes of Action
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Issues
Content of Injunction
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Con-Way Western Express
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2001 - 2002
Case Closing Year 2001
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)
2:01-cv-00171-LKK-JFM (E.D. Cal.) 10/11/2001
EE-CA-0059-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 07/27/2001 (E.D. Cal.)
EE-CA-0059-0001.pdf | Detail
Stipulation & Order of Dismissal with Prejudice 10/02/2001 (E.D. Cal.)
EE-CA-0059-0002.pdf | Detail
Settlement Agreement 10/02/2001
EE-CA-0059-0003.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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