University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. SPYLEN OF DENVILLE INC (d/b/a WENDY'S) EE-NJ-0088
Docket / Court 2:02-cv-04091-WHW ( D.N.J. )
State/Territory New Jersey
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2002, the Philadelphia (along with the Newark, N.J.) office of the EEOC brought this ADA suit against Spylen of Denville, Inc. d/b/a Wendy's in the U.S. District Court for the District of New Jersey. The complaint alleged that the defendant discriminated against the claimant by ... read more >
In August 2002, the Philadelphia (along with the Newark, N.J.) office of the EEOC brought this ADA suit against Spylen of Denville, Inc. d/b/a Wendy's in the U.S. District Court for the District of New Jersey. The complaint alleged that the defendant discriminated against the claimant by subjecting the claimant to a hostile work environment and constructively discharging the claimant because of his disability (Down's syndrome). The court dismissed the case due to the parties settling in September 2003; however, the court did not enter a consent decree until March 2004.

The one year consent decree required the defendant to refrain from discrimination and retaliation, provide neutral references for the claimant, pay the claimant $90,000 in damages and attorney's fees (with the damages to be paid into a special needs trust), post notice, and provide ADA training for all managers and employees.

Kevin Wilemon - 07/20/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
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) Spylen of Denville, Inc.
Spylen of Denville, 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 Court Approved Settlement or Consent Decree
Order Duration 2004 - 2005
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)
2:02-cv-04091-WHW (D.N.J.) 03/11/2004
EE-NJ-0088-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Decree 03/11/2004
EE-NJ-0088-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (March 2004) 03/31/2004
EE-NJ-0088-0002 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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