University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. J.H. ROUTH PACKING COMPANY EE-OH-0039
Docket / Court 3:98-CV-7731 ( 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 District Office of the EEOC filed this suit against J.H. Routh Packing Company, a meat packing company, in December 1998 in the U.S. District Court for the Northern District of Ohio. The complaint alleged that the defendant violated Title I of the Americans with Disabilities Act of 19 ... read more >
The Cleveland District Office of the EEOC filed this suit against J.H. Routh Packing Company, a meat packing company, in December 1998 in the U.S. District Court for the Northern District of Ohio. The complaint alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 ("ADA") by terminating the charging party, a male employee, when it learned of his history of epilepsy. In July 1999, the Court granted the defendant's motion for judgment on the pleadings finding that the EEOC had not proved that the charging party was an individual with a disability under the ADA, and the case was dismissed. The EEOC appealed the case in December 1999. In April 2001, the U.S. Court of Appeals for the Sixth Circuit reversed the District Court's judgment and remanded the case. In April 2002, the parties reached a settlement.

The agreement required the defendant to keep records of any job applicant who disclosed a history of a seizure disorder who was not hired and to report this information annually to the EEOC for a term of two years. In addition, the settlement agreement provided for an undisclosed amount of monetary relief to be awarded to the charging party.

Kevin Wilemon - 05/31/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Other requirements regarding hiring, promotion, retention
Reporting
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) J.H. Routh Packing 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 Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement None on record
Order Duration 1999 - 2001
Case Closing Year 1999
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)
3:98-cv-07731-DAK (N.D. Ohio) 04/18/2002
EE-OH-0039-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/07/1998
EE-OH-0039-0001.pdf | Detail
Memorandum Opinion 10/13/1999 (N.D. Ohio)
EE-OH-0039-0007.pdf | Detail
Opinion [Reversing and Remanding Case] 04/19/2001 (246 F.3d 850)
EE-OH-0039-0010.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Stipulated Dismissal and Settlement Agreement 04/12/2002
EE-OH-0039-0009.pdf | Detail
Judges Cole, Ransey Guy Jr. (Sixth Circuit)
EE-OH-0039-0010
Jones, Nathaniel Raphael (Sixth Circuit)
EE-OH-0039-0010
Martin, Boyce Ficklen Jr. (Sixth Circuit)
EE-OH-0039-0010
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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