The EEOC's Denver district office sued Dakota Pork Industries, Inc., a South Dakota meat processing facility, and Mitchell Temporary, a South Dakota employment agency, on September 29, 2003 in the U.S. District Court for the District of South Dakota. The EEOC's complaint alleged that Mitchell and Dakota violated the Americans with Disabilities Act when they discriminated against the intervenor, who intervened in April 2004, based on a disability (deafness) when they failed to hire her and instead hired less qualified individuals without disabilities.

The EEOC and the defendants entered into two separate consent decrees on August 27, 2004, both of which are substantively identical. The consent decrees stipulated that Mitchell and Dakota would be enjoined from discriminating based on disability in the future, would their employees for compliance with the ADA, post a notice of compliance with the ADA, affirmatively hire hearing impaired individuals, and report to the EEOC semiannually for three years about compliance with the consent decree. The decree further stated that Mitchell and Dakota would pay $125,000 in damages, attorney's fees, and costs to the intervenor. The intervenor and the defendants were granted a stipulated dismissal, also on August 27, 2004.

Aaron Weismann - 06/07/2007


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