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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. O'REILLY AUTO PARTS, INC. EE-KS-0015
Docket / Court 6:03-cv-01347-WEB-DWB ( D. Kan. )
State/Territory Kansas
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive ... read more >
On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, by forcing the pregnant employee, an assistant manager whose doctor had imposed a 30-pound lifting restriction, to take unpaid leave and subsequently firing her. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy reform, backpay, reinstatement, medical expenses, compensation for emotional harm, and punitive damages.

The parties reached a settlement, which the Court (Judge Wesley E. Brown) entered as a consent decree on June 17, 2004. The 2-year decree provided $50,000 in monetary relief ($15,000 in lost wages and $35,000 in compensatory damages), subject to execution of a release of claims. The decree also provided for up to $200 for the employee to consult an attorney before signing the release. Under the injunctive provisions of the decree, O'Reilly Automotive was required to provide a positive reference, to adopt and distribute anti-pregnancy-discrimination policies to managers and supervisors, to provide equal employment training to all managers and supervisors, to post a pregnancy discrimination notice, and to report to the EEOC every 6 months about employees who took pregnancy-related leave, including whether the leave was voluntary, whether the employee was terminated, and why. The parties bore their own costs. No further court activity appears on the docket and the case is now closed.

Kenneth Gray - 07/29/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Recordkeeping
Reporting
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a female employee
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 - 2006
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)
6:03-cv-01347-WEB-DWB (D. Kan.) 06/17/2004
EE-KS-0015-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2003
EE-KS-0015-0001 PDF | Detail
EEOC Litigation Settlement Report 06/16/2004
EE-KS-0015-0003 PDF | Detail
Consent Decree 06/17/2004
EE-KS-0015-0002 PDF | Detail
Judges Bostwick, Donald W. (D. Kan.) [Magistrate]
EE-KS-0015-9000
Brown, Wesley Ernest (D. Kan.)
EE-KS-0015-0002 | EE-KS-0015-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dreiband, Eric S. (District of Columbia)
EE-KS-0015-0001
Johnson, Robert G. (Missouri)
EE-KS-0015-0001 | EE-KS-0015-0002 | EE-KS-0015-9000
Lee, James L. (District of Columbia)
EE-KS-0015-0001
Reams, Gwendolyn Young (District of Columbia)
EE-KS-0015-0001
Seely, Barbara A. (Missouri)
EE-KS-0015-0001 | EE-KS-0015-0002 | EE-KS-0015-9000
Taylor, Andrea (Kansas)
EE-KS-0015-0001 | EE-KS-0015-0002 | EE-KS-0015-9000
Defendant's Lawyers Schumaker, Larry M (Missouri)
EE-KS-0015-0002 | EE-KS-0015-9000
Other Lawyers None on record

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