University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Dupont EE-LA-0021
Docket / Court 03-1605-EDLA ( E.D. La. )
State/Territory Louisiana
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2003, the New Orleans District Office of the EEOC filed this lawsuit against chemical manufacturer E. I. Du Pont De Nemours & Co., doing business as DuPont Specialty Chemicals, in the U.S. District Court for the Eastern District of Louisiana alleging discrimination on the basis of ... read more >
In June 2003, the New Orleans District Office of the EEOC filed this lawsuit against chemical manufacturer E. I. Du Pont De Nemours & Co., doing business as DuPont Specialty Chemicals, in the U.S. District Court for the Eastern District of Louisiana alleging discrimination on the basis of disability, physical, in violation of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged the defendant illegally required Ms. Barrios to take a functional capacity evaluation which was neither job-related nor consistent with business necessity. Following discovery, a failed motion for summary judgment by the defendant and a partially granted motion for partial summary judgment by the EEOC, the case was tried before a jury in October 2004. The jury found in favor of the EEOC, awarding the complainant $1,291,000, which was reduced to $591,000 by the District Court judge. The defendant appealed the decision to the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit affirmed the award of backpay and punitive damages, and reversed the award of front pay, reducing the final monetary relief to $391,000.

Daisy Manning - 04/18/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Medical Exam / Inquiry
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
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) E. I. Du Pont De Nemours & Co.
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
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
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)
2:03-cv-01605-SSV (E.D. La.) 05/07/2007
EE-LA-0021-9000 PDF | Detail
General Documents
Complaint and Jury Demand 06/05/2003
EE-LA-0021-0002 PDF | Detail
Order and Reasons 10/15/2004 (347 F.Supp.2d 284) (E.D. La.)
EE-LA-0021-0007 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Jury Verdict Form 10/20/2004
EE-LA-0021-0001 PDF | Detail
EEOC Obtains $1.29 Million Jury Verdict Against Dupont for Disability Discrimination 10/25/2004
EE-LA-0021-0004 PDF | Detail
Judgment 01/28/2005
EE-LA-0021-0003 PDF | Detail
Order and Reasons 06/06/2005 (406 F.Supp.2d 645) (E.D. La.)
EE-LA-0021-0008 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Individuals with Disabilities: Is the Workplace Ready? 10/25/2005
EE-LA-0021-0006 PDF | Detail
Order 03/01/2007 (480 F.3d 724)
EE-LA-0021-0009 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judge Upholds Jury Verdict Against DuPont for $591,000 in Disability Bias Suit by EEOC 07/09/2007
EE-LA-0021-0005 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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