Filed Date: Aug. 21, 2002
Closed Date: 2004
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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.
Summary Authors
Kevin Wilemon (7/20/2007)
Last updated March 21, 2024, 3:03 a.m.
State / Territory: New Jersey
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Aug. 21, 2002
Closing Date: 2004
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Spylen of Denville, Inc. (Denville, N.J.), Private Entity/Person
Spylen of Denville, Inc. , Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 90000
Order Duration: 2004 - 2005
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis:
Disability (inc. reasonable accommodations)
EEOC-centric: