University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Heartway Corporation, d/b/a/ York Manor Nursing Center EE-OK-0027
Docket / Court 6:03-cv-00534-RAW ( E.D. Okla. )
State/Territory Oklahoma
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2003, the Oklahoma City and Dallas district offices of the EEOC brought this ADA suit against Heartway Corporation d/b/a York Manor Nursing Center in the U.S. District Court for the Eastern District of Oklahoma. The complaint alleged that the defendant discharged the claimant from her ... read more >
In September 2003, the Oklahoma City and Dallas district offices of the EEOC brought this ADA suit against Heartway Corporation d/b/a York Manor Nursing Center in the U.S. District Court for the Eastern District of Oklahoma. The complaint alleged that the defendant discharged the claimant from her job as a cook because she had Hepatitis C. Both parties filed motions for summary judgment in June 2004 that the court denied in July 2004. The case went to trial on August 16, 2004, and the jury entered a verdict in favor of the plaintiff a day later. Both the EEOC and the defendant appealed the case after the court denied the EEOC's motion to amend judgment and the defendant's motion for judgment notwithstanding the verdict. Finding that issues of fact were not given to the jury, the Tenth Circuit affirmed in part and reversed in part the District Court's judgment, and remanded the case. See EEOC v. Heartway Corp., 466 F.3d 1156 (10th Cir. 2006). On remand, the EEOC voluntarily dismissed the suit in January 2007. The defendant filed a notice of filing of bankruptcy in April 2007; however, the court granted the EEOC's motion to enter final judgment in July 2007. The defendant was ordered to pay the claimant $21,240 in compensatory damages and back pay.

Kevin Wilemon - 08/15/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
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) Heartway Corporation
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
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
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-00534-RAW (E.D. Okla.) 07/18/2007
EE-OK-0027-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 08/04/2004 (2004 WL 6037749) (E.D. Okla.)
EE-OK-0027-0004 PDF | WESTLAW | Detail
Document Source: Westlaw
Office of General Counsel FY 2004 Annual Report - Summary of Accomplishments 10/18/2005
EE-OK-0027-0003 PDF | Detail
[Opinion] 10/26/2006 (466 F.3d 1156)
EE-OK-0027-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judgment 12/20/2006 (E.D. Okla.)
EE-OK-0027-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order & Final Judgment 07/18/2007 (E.D. Okla.)
EE-OK-0027-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges West, Kimberly E. (E.D. Okla.) [Magistrate]
EE-OK-0027-9000
White, Ronald A. (E.D. Okla.)
EE-OK-0027-0004
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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