University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Exelon Generation Co., LLC EE-IL-0052
Docket / Court 1:05-cv-05660 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the Chicago District Office of the EEOC brought this suit against Exelon Generation Co., Inc., Byron Nuclear Power Station (formerly known as Commonwealth Edison Company, Nuclear Division) in the U.S. District Court for the Northern District of Illinois. The complaint alleged ... read more >
In September 2005, the Chicago District Office of the EEOC brought this suit against Exelon Generation Co., Inc., Byron Nuclear Power Station (formerly known as Commonwealth Edison Company, Nuclear Division) in the U.S. District Court for the Northern District of Illinois. The complaint alleged that the defendant discriminated against the four charging parties, disabled individuals, by refusing to: allow them to work overtime, promote them to certain positions, and maintain the confidentiality of medical and personnel records in violation of the Americans with Disabilities Act of 1990 ("ADA"). The parties submitted a proposed consent decree to the court on the same day that the complaint was filed. The court approved the consent decree in early October 2005, about a week after the complaint was filed.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a notice of the consent decree, report to the EEOC at specified intervals, maintain relevant records, adopt and distribute an anti-discrimination policy, provide ADA training, and pay $217,498.27 to be divided among the four charging parties.

Michele Marxkors - 08/10/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Training
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) Exelon Generation Co. LLC
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)
1:05-cv-05660 (N.D. Ill.) 10/05/2005
EE-IL-0052-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2005
EE-IL-0052-0001 PDF | Detail
Consent Decree 10/05/2005
EE-IL-0052-0002 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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