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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LEE'S LOG CABIN EE-WI-0023
Docket / Court 05-C-507-C ( W.D. Wis. )
State/Territory Wisconsin
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC filed this suit in August 2005 against Lee's Log Cabin, a Wisconsin restaurant, in the U.S. District Court for the Western District of Wisconsin. The EEOC alleged the restaurant violated the Americans with Disabilities Act by refusing to hire the complainant because she had HIV.

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The EEOC filed this suit in August 2005 against Lee's Log Cabin, a Wisconsin restaurant, in the U.S. District Court for the Western District of Wisconsin. The EEOC alleged the restaurant violated the Americans with Disabilities Act by refusing to hire the complainant because she had HIV.

In June 2006 the defendant's motion for summary judgment was granted. E.E.O.C. v. Lee's Log Cabin, Inc., 436 F.Supp.2d 992 (W.D.Wis.,2006). In its initial complaint the EEOC had alleged that the complainant's disability was her HIV+ status, but the evidence it introduced later, in support of its claim that the complainant was disabled under the ADA definition, all pertained to the impairments brought on by having AIDS, as opposed to merely being HIV+. The court held that being HIV+ and having AIDS were substantially different, and that the EEOC had therefore failed to introduce evidence that HIV itself limited a major life activity, as required by the ADA. Id. at 996. Further, the court ruled that to allow the EEOC to argue that the complainant's disability was AIDS instead of HIV would be a "gross departure from what it alleged in the initial stages of this lawsuit" and that the EEOC "cannot amend its pleading to allege an entirely new cause of action when trial is only one month away." Id. at 995.

Jason Chester - 07/26/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Hiring
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) Lee's Log Cabin, Inc.
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 2006
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)
05-C-0507-C (W.D. Wis.) 03/01/2007
EE-WI-0023-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
06-3278 (U.S. Court of Appeals) 04/04/2007
EE-WI-0023-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 06/23/2006 (436 F.Supp.2d 992) (W.D. Wis.)
EE-WI-0023-0001 PDF | WESTLAW| LEXIS | 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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