University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. RPH MANAGEMENT d/b/a/ MCDONALD'S EE-AL-0070
Docket / Court 7:03-cv-00502-RRA ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In March 2003 the Birmingham office of the EEOC brought this suit against RPH Management d/b/a McDonald's in the U.S. District Court for the Northern District of Alabama. The EEOC complaint, which is unavailable, alleged that the defendant violated the Americans with Disabilities Act by ... read more >
In March 2003 the Birmingham office of the EEOC brought this suit against RPH Management d/b/a McDonald's in the U.S. District Court for the Northern District of Alabama. The EEOC complaint, which is unavailable, alleged that the defendant violated the Americans with Disabilities Act by discriminating on the basis of disability. The defendant filed a motion to dismiss for lack of subject matter jurisdiction in April 2003, alleging that the EEOC failed to attempt to conciliate in good faith. The charging party intervened in the case in May 2003. In April 2004, the magistrate judge issued a recommendation that the EEOC's case be dismissed due to the failure to conciliate in good faith. The district judge adopted this report, and the EEOC's case was dismissed in August 2004. In May 2005, the charging party and defendant filed a stipulated motion to dismiss the intervenor complaint. The EEOC filed a notice of appeal in October 2005, and, in July 2006, the district court's decision was affirmed.

Kevin Wilemon - 10/19/2007


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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
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) RPH Management, 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 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)
7:03-cv-00502-RRA (N.D. Ala.) 07/19/2006
EE-AL-0070-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint Upon Intervention on Behalf of Samantha Robichaud 06/12/2003
EE-AL-0070-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/11/2004 (N.D. Ala.)
EE-AL-0070-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dismissing Case] 05/03/2005 (N.D. Ala.)
EE-AL-0070-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Opinion [Re: Dft's Motion for Fees] 09/02/2005 (N.D. Ala.)
EE-AL-0070-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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