Case: EEOC v. FAMILY DOLLAR SERVICES INC

5:03-cv-00083 | U.S. District Court for the Western District of Virginia

Filed Date: Sept. 30, 2003

Closed Date: July 29, 2004

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Case Summary

In September 2003, the EEOC district office in Baltimore, Maryland brought this suit against Family Dollar Services, Inc., a regional discount retail chain, in the U.S. District Court for the Western District of Virginia. Although the complaint is not available, the EEOC press release states that the aggrieved female employee unloaded trucks at Defendant's Front Royal, Virginia facility until she underwent surgery for breast cancer. Because she was no longer able to unload trucks without assistance, the defendant terminated her. The EEOC alleged that her termination was a violation of the Americans with Disabilities Act of 1991 (ADA). The parties quickly settled the case, and a consent decree was issued in July 2004.

The consent decree stated that the defendant was not to discriminate against individuals with "a musculoskeletal condition

resulting from cancer surgery" and was not to retaliate against anyone who participated in the investigation or litigation of the case. The defendant was required to pay the aggrieved employee $50,000 and issue her a neutral reference letter, post ADA notices, and provide EEO training concerning the ADA.

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Summary Authors

Jason Chester (6/12/2007)

Documents in the Clearinghouse

	Document
5:03-cv-00083	Docket EEOC v. Family Dollar Services Inc	July 29, 2004	July 29, 2004 Docket
17 5:03-cv-00083	Consent Decree EEOC v. Family Dollar Services Inc.	July 29, 2004	July 29, 2004 Settlement Agreement
5:03-cv-00083	EEOC Litigation Settlement Report (July 2004) EEOC v. Family Dollar Services Inc. No Court	July 31, 2004	July 31, 2004 Press Release

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	April 1, 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 27, 2024, 3:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT 100 Day Notice due 1/8/04 for Family Dollar Service due 1/28/04 for Family Dollar (kld)	Sept. 30, 2003	Sept. 30, 2003
	SUMMONS(ES) issued for Family Dollar (kld)	Sept. 30, 2003	Sept. 30, 2003
2	NOTICE to Substitute Attorney by EEOC (jat)	Dec. 2, 2003	Dec. 2, 2003
3	ORDER granting [2-1] motion to Substitute Attorney terminated attorney Johnnie L. Johnson III for EEOC Added Stacey Turner Caldwell ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 12/19/03] (jat)	Dec. 19, 2003	Dec. 19, 2003
4	100 Day Notice as to ( Family Dollar ) (jat)	Jan. 8, 2004	Jan. 8, 2004
5	ANSWER to Complaint by Family Dollar (Attorney Robert Lewis Duston), (blk) (Entered: 01/22/2004)	Jan. 21, 2004	Jan. 21, 2004
	Magistrate's Notice Response due 2/9/04 for Family Dollar, for EEOC (blk) (Entered: 01/22/2004)	Jan. 21, 2004	Jan. 21, 2004
6	Negative Corporate Disclosure Statement by Equal Employment Opportunity Commission. (kld )	Feb. 9, 2004	Feb. 9, 2004
7	Positive Corporate Disclosure Statement by Family Dollar. (jat, )	Feb. 9, 2004	Feb. 9, 2004
8	SUMMONS Returned Executed by Equal Employment Opportunity Commission. Family Dollar served on 1/2/2004, answer due 1/22/2004. (jat, )	Feb. 9, 2004	Feb. 9, 2004
9	AMENDED ANSWER to [1] Complaint by Family Dollar. (kld, )	Feb. 11, 2004	Feb. 11, 2004
10	Scheduling Letter to counsel from deputy clerk (kld, )	Feb. 19, 2004	Feb. 19, 2004
11	SCHEDULING ORDER: Jury Trial set for 8/23/2004 09:00 AM in Harrisonburg before Judge Samuel G. Wilson.. Signed by Judge Samuel G. Wilson on 2/24/04. (jat, )	Feb. 26, 2004	Feb. 26, 2004
	Attorney Cecile C. Quinlan for Equal Employment Opportunity Commission added. Attorney Barbara Brice-Brown terminated.. Signed by Judge Samuel G. Wilson on 3/18/04. (blk, ) (Entered: 03/22/2004)	March 18, 2004	March 18, 2004
12	MOTION to Appear Pro Hac Vice Cecile Quinlan by Equal Employment Opportunity Commission. (blk, )	April 26, 2004	April 26, 2004
13	ORDER granting 12 Motion to Appear Pro Hac Vice . Signed by Judge Samuel G. Wilson on 4/26/04. (blk, )	April 26, 2004	April 26, 2004
14	MOTION to Appear Pro Hac Vice by Family Dollar. (Attachments: # 1 Certification of Amanda K. Grace)(Duston, Robert)	May 14, 2004	May 14, 2004
15	CERTIFICATE OF SERVICE by Family Dollar for Motion For Admission Pro Hac Vice (Docket No. 14) (Duston, Robert)	May 14, 2004	May 14, 2004
16	ORDER granting 14 Motion for Amanda K. Grace to Appear Pro Hac Vice . Signed by Judge Samuel G. Wilson on 5/18/04. (kld, ) (Entered: 05/19/2004)	May 18, 2004	May 18, 2004
17	CONSENT DECREE. Signed by Judge Samuel G. Wilson on 7/29/04. (kld, ) (Entered: 07/30/2004)	July 29, 2004	July 29, 2004