University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE ESAB GROUP, INC. (d/b/a ESAB WELDING & CUTTING) EE-OH-0072
Docket / Court 1:00-cv-02497-PAG ( N.D. Ohio )
State/Territory Ohio
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2000, the Cleveland District Office of the EEOC brought this suit against The ESAB Group, Inc. and United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834, in the U.S. District Court for the Northern District of Ohio alleging discrimination on the ... read more >
In September 2000, the Cleveland District Office of the EEOC brought this suit against The ESAB Group, Inc. and United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834, in the U.S. District Court for the Northern District of Ohio alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged that the defendant continuously published and failed to keep confidential the medical condition and history of complainant, a disabled employee.

The complaining party intervened in the lawsuit in January 2001. Following a settlement conference, all parties moved for summary judgment in November and December 2001, and the court granted summary judgment for the defendants in February 2002. The EEOC appealed to the Sixth Circuit Court of Appeals in April 2002, where the case was dismissed subject to a settlement agreement by both parties. The settlement agreement required the defendant to pay $5,000 to the complainant and remove from complainant's personnel file: all doctor's notes, any document revealing complainant is disabled,and any document revealing information about complainant's medical condition.

David Friedman - 10/08/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Expungement of Employment Record
Monitoring
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State law
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) The ESAB Group, Inc.
United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834
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 Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2002
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)
02-3431 (U.S. Court of Appeals) 07/30/2002
EE-OH-0072-9001.pdf | Detail
1:00-cv-02497-PAG (N.D. Ohio) 08/20/2002
EE-OH-0072-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2000
EE-OH-0072-0001.pdf | Detail
Intervenor Complaint 01/29/2001
EE-OH-0072-0002.pdf | Detail
Memorandum of Opinion and Order [Regarding Cross Motions for Summary Judgment] 02/19/2002 (208 F.Supp.2d 827) (N.D. Ohio)
EE-OH-0072-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Amendment to 2/19/02 Order per Attached Settlement Agreement] 08/14/2002 (2002 U.S.Dist.LEXIS 26649)
EE-OH-0072-0004.pdf | 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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