University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PEPSI BOTTLING GROUP (a/k/a PEPSI COLA COMPANY) EE-MI-0131
Docket / Court 2:05-cv-72583-MOB-PJK ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 ... read more >
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.

Shankar Viswanathan - 06/22/2007


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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
Retaliation Prohibition
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Medical Exam / Inquiry
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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) Pepsi Bottling Group
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 2005 - 2007
Case Closing Year 2005
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)
2:05-cv-72583-MOB-PJK (E.D. Mich.) 07/11/2005
EE-MI-0131-9000 PDF | Detail
General Documents
Complaint 06/29/2005
EE-MI-0131-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 07/11/2005
EE-MI-0131-0002 PDF | Detail
EEOC Litigation Settlement Report (July 2005) 07/31/2005
EE-MI-0131-0003 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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