University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DELOITTE & TOUCHE EE-NY-0036
Docket / Court 1:97-cv-06484-LMM ( S.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this suit against Deloitte & Touche, L.L.P., in September 1997, in the U.S. District Court for the Southern District of New York. The suit was based on an alleged violation of the Americans with Disabilities Act ("ADA"), when Deloitte & Touche ... read more >
The New York District Office of the EEOC brought this suit against Deloitte & Touche, L.L.P., in September 1997, in the U.S. District Court for the Southern District of New York. The suit was based on an alleged violation of the Americans with Disabilities Act ("ADA"), when Deloitte & Touche denied death benefits to the complainants based on an agreement with Deloitte signed in 1988 that denied the benefits to his family if he died from a pre-existing condition, in this case a form of cancer. When the complainant died of this pre-existing condition, Deloitte denied the benefits to his estate. Deloitte & Touche moved within two months of the filing of the complaint for a 12(b)(6) motion to dismiss or in the alternative for summary judgment. Because the ADA, which is not retroactive, was passed after the agreement was signed and the EEOC was not claiming a continued violation, both motions were granted in July 2000. The case was appealed and the appeal was withdrawn in August 2001.

Kevin Wilemon - 06/12/2007


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Issues and Causes of Action
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Issues
Discrimination-area
Medical Exam / Inquiry
Pay / Benefits
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) Deloitte & Touche
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 2000
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)
1:97-cv-06484-LMM (S.D.N.Y.) 08/07/2001
EE-NY-0036-9000 PDF | Detail
01-6108 (U.S. Court of Appeals) 08/15/2001
EE-NY-0036-9001 PDF | Detail
General Documents
Memorandum and Order 07/25/2000 (2000 WL 1024700) (S.D.N.Y.)
EE-NY-0036-0002 PDF | WESTLAW | 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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