University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Overnite Transportation, Inc. EE-OH-0054
Docket / Court C2-02-591 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Cleveland district office of the EEOC brought this suit against Overnite Transportation Company, a major transportation company, in June 2002, in the U.S. District Court for the Southern District of Ohio. The complaint alleged that Overnite refused to hire qualified individuals due to their ... read more >
The Cleveland district office of the EEOC brought this suit against Overnite Transportation Company, a major transportation company, in June 2002, in the U.S. District Court for the Southern District of Ohio. The complaint alleged that Overnite refused to hire qualified individuals due to their epilepsy in violation of the Americans with Disabilities Act. The defendant filed a motion for summary judgment in April 2004 and the EEOC filed a motion for partial summary judgment that same month. In July of 2006 the defendant's motion was granted in part and denied in part and the EEOC's motion was denied. The parties settled in April 2008 by entry of a consent decree.

The consent decree, which has duration of two years, requires defendant to refrain from discriminating and to post a notice regarding this suit. It required the defendant to conduct training for its Regional Human Resources staff responsible for the Columbus and Memphis facilities, where the discrimination was alleged to occur, and to report on this training to the EEOC. If the EEOC has reasonable cause to believe that the defendant has violated any term of the decree, it is to notify the defendant who will then have ten days to remedy the breach. Finally, the defendant agreed to pay a total of $110,000.00 to two complainants who will then waive their claims against the defendant.

Shankar Viswanathan - 05/28/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
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) Overnite Transportation Company
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 2008 - 2010
Case Closing Year 2008
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-00591-MHW-MRA (S.D. Ohio) 04/14/2008
EE-OH-0054-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/12/2002
EE-OH-0054-0001 PDF | Detail
Amended Complaint 04/21/2003
EE-OH-0054-0002 PDF | Detail
Opinion and Order [re: Summary Judgment] 07/05/2006 (2006 WL 2594479) (S.D. Ohio)
EE-OH-0054-0004 PDF | WESTLAW | Detail
Consent Decree 04/14/2008
EE-OH-0054-0003 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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