Filed Date: June 29, 2005
Closed Date: 2007
Clearinghouse coding complete
The Detroit Office of the EEOC brought this action in the U.S. District Court for the Eastern District of Michigan, against Pepsi Bottling Group a/k/a Pepsi Cola Company, an international soft drink bottling company. The complaint, filed in June 2005, alleged discrimination in violation of the Americans with Disabilities Act. After the charging party was diagnosed with diabetes, he no longer qualified under the then applicable U.S. Department of Transportation (DOT) regulations to transport goods in interstate commerce. Defendant refused to place charging party in an alternative position because he did not pass a Physical Ability Test (PAT). Defendant did not allow for individualized assessment of a person's ability to perform the job. Defendant discharged charging party in April 2002.
Under an 18 month consent decree which was filed 2 weeks after the complaint, the charging party received $75,000 from Defendant. Charging party declined Defendant's offer (made after the complaint was field) to reinstate him with seniority. Under the decree, defendant will make a good faith effort to help charging party obtain a DOT wavier and if he obtains the waiver, Defendant will consider hiring charging party for a driver position. Defendant will not give the PAT to any current employee who is seeking a transfer to a less physically demanding job. Defendant will also prepare materials advising applicants who may have disabilities of their right to seek a reasonable accommodation in taking the PAT. Defendant will not discriminate or retaliate against employees in violation of the ADA.
The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.
Summary Authors
Shankar Viswanathan (6/22/2007)
Clearinghouse (12/22/2018)
Last updated March 14, 2024, 3:11 a.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 29, 2005
Closing Date: 2007
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
Pepsi Bottling Group, 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: 75000
Order Duration: 2005 - 2007
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
Disability (inc. reasonable accommodations)
EEOC-centric: