University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. CARTER-JONES LUMBER COMPANY EE-OH-0012
Docket / Court 5:04CV1824 ( 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
The Cleveland office of the EEOC brought this suit against Carter Jones Lumber Company in the Northern District of Ohio in September 2004. The complaint alleged that the defendant failed to hire the complainant because of a physical disability and made medical inquiries in violation of the ... read more >
The Cleveland office of the EEOC brought this suit against Carter Jones Lumber Company in the Northern District of Ohio in September 2004. The complaint alleged that the defendant failed to hire the complainant because of a physical disability and made medical inquiries in violation of the Americans with Disabilities Act. The case was consolidated with a private party suit in November 2004. The complainant intervened in May 2005. The defendant filed two motions for summary judgment, which were denied. The parties engaged in mediation that did not result in a settlement. The case went to a jury trial in September 2006; the jury returned a verdict for the defendant. The complainant filed two motions for a new trial or to alter the judgment, and they were all denied. The EEOC appealed the decision in May 2007, but it withdrew the appeal two months later.

Kevin Wilemon - 08/06/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Hiring
Medical Exam / Inquiry
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
State Anti-Discrimination Law
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Carter-Jones Lumber Company
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
Case Listing EE-OH-0103 : Price v. Carter Lumber Company et al (N.D. Ohio)
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)
07-3790 (U.S. Court of Appeals) 07/18/2007
EE-OH-0012-9002 PDF | Detail
5:04-cv-01824-DDD (N.D. Ohio) 07/23/2007
EE-OH-0012-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/08/2004
EE-OH-0012-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Consolidation] 11/16/2004 (N.D. Ohio)
EE-OH-0012-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Gerald Price's Second Amended Complaint 12/08/2005
EE-OH-0012-0008 PDF | Detail
Memorandum Opinion and Order [Denying Summary Judgment] 05/26/2006 (2006 WL 1489421) (N.D. Ohio)
EE-OH-0012-0003 PDF | WESTLAW | Detail
Document Source: Westlaw
Judgment Entry 09/19/2006 (N.D. Ohio)
EE-OH-0012-0004 PDF | Detail
Order [re: Judgment] 04/05/2007 (N.D. Ohio)
EE-OH-0012-0006 PDF | Detail
Order [Dismissing Appeal] 07/23/2007
EE-OH-0012-0007 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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