University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. OVERNITE TRANSPORTATION COMPANY EE-VA-0083
Docket / Court 7:01-cv-00076-sgw-gc ( W.D. Va. )
State/Territory Virginia
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In January 2001, the EEOC district office in Richmond, Virgina brought this suit against the Overnite Transportation Company, a general commercial shipping courier, in the U.S. District Court for the Western District of Virginia. The charging party had worked for the defendant as a truck driver and ... read more >
In January 2001, the EEOC district office in Richmond, Virgina brought this suit against the Overnite Transportation Company, a general commercial shipping courier, in the U.S. District Court for the Western District of Virginia. The charging party had worked for the defendant as a truck driver and dock worker until he was injured on the job and resigned pursuant to a worker's compensation settlement. Approximately a year later, he applied for a job with another trucking company, and on the application he misrepresented the circumstances of his departure from his previous job, stating that his position had simply been eliminated. He was hired, but his new employer continued to verify the information he had provided. When they contacted a former co-worker at the defendant's company, they learned the truth. The EEOC alleged that this was a violation of the Americans with Disabilities Act, on the grounds that it was tantamount to an improper disclosure of confidential medical information.

The court granted the defendant's motion for summary judgment in November 2001, reasoning the disclosure of the complainant's injuries did not violate the ADA because it was not gleamed from confidential medical records or exams; rather, the complainant's co-worker knew of his injuries because the complainant himself had discussed them openly. E.E.O.C. v. Overnite Transp. Co., 2001 WL 1521584 (W.D.Va. Nov. 30, 2001 at *3).

Jason Chester - 07/03/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Overnite Transporation 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 Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
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)
7:01-cv-00076-sgw-gc (W.D. Va.) 08/27/2002
EE-VA-0083-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order 11/30/2001 (2001 WL 1521584 / 2001 U.S.Dist.LEXIS 20535) (W.D. Va.)
EE-VA-0083-0001 PDF | WESTLAW| LEXIS | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Wood, Robert Craig (Virginia)
EE-VA-0083-9000
Other Lawyers None on record

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