On September 28, 2012, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court for the Northern District of Illinois on behalf of disabled employees who lost their jobs after taking leave related to their disability. The complaint alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12112(a), 12112(b)(5)(A) and (b)(5)(B) and Title I of Civil Rights Act of 1991. The EEOC asked the court to grant injunctive relief and for compensatory and punitive damages to the disabled defendants.

On May 2, 2013, the District Court (Judge Harry D. Leinenweber) approved a two-year consent decree in which the parties agreed: [1] to forbid the defendant from not allowing disabled employees to return to work and to prohibit the defendant from retaliation against the people who filed ADA complaints; [2] to damages in the amount of $400,000 to be distributed among 14 claimants; [3] that the defendant must keep and make publicly available records of employees who are returning to work after medical leave; [4] to have all of defendant's human resources employees trained in the ADA and the American Family and Medical Leave Act; [5] that the defendant hire an Accommodations Consultant to review all of defendant's decisions about medical leave; [6] that the defendant post notice of the decree for duration of the decree. This agreement closed the case.

Brian Kempfer - 11/07/2013


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