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Case Name EEOC v. UMB Bank Financial Corporation EE-MO-0087
Docket / Court 04-1084-CV-W-HFS ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On December 1, 2004 the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the United States District Court for the Western District of Missouri. EEOC sued UMB Financial Corporation (UMB) under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights ... read more >
On December 1, 2004 the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the United States District Court for the Western District of Missouri. EEOC sued UMB Financial Corporation (UMB) under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991. With the assistance of private counsel, the complainant intervened in the lawsuit shortly after the EEOC filed this lawsuit and sought declaratory and injunctive relief, as well as punitive damages. Specifically, EEOC and the plaintiff claimed that the defendant engaged in unlawful employment practices by failing and refusing to hire the plaintiff to their sales department because of his disability, quadriplegia. The case was assigned to Judge Howard Sachs.

On November 28, 2005, EEOC filed a motion for partial summary judgment. It alleged that it made a good faith effort to conciliate with the defendant to resolve the claims before filing suit. On January 25, 2006 Judge Sachs recused himself and the case was reassigned to Judge Gary A. Fenner. On March 17, 2006, Judge Fenner denied the motion for partial summary judgment and the case was stayed for 60 days. 432 F. Supp. 2d 948. The court found that EEOC refused to meet face-to-face with the defendant to conciliate, and therefore failed to satisfy its duty to conciliate in good faith.

In January 2007, the case then went to trial before a jury. At the close of the plaintiff's case, the defendant filed for judgment as a matter of law, which was denied. The jury found in favor of the defendant and awarded $11,478.87 in costs against the plaintiff.

The plaintiff appealed the decision to the U.S. Court of Appeals for the Eighth Circuit on August 3, 2007 (Docket No. 07-02901). On March 13, 2009, the court issued an opinion affirming the lower court judgment. The case is now closed.

David Friedman - 05/08/2008
Caitlin Kierum - 11/12/2019


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Issues and Causes of Action
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Issues
Defendant-type
Bank or credit provider
Disability
Mobility impairment
Discrimination-area
Hiring
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Reasonable Accommodations
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
State Anti-Discrimination Law
Defendant(s) UMB Bank Financial Corporation
Plaintiff Description Equal Employment Opportunity Commission and complainant
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 12/01/2004
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Docket(s)
07-2901 (W.D. Mo.)
EE-MO-0087-9001.pdf | Detail
Date: 04/02/2008
4:04-cv-01084-GAF (W.D. Mo.)
EE-MO-0087-9000.pdf | Detail
Date: 05/18/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-MO-0087-0001.pdf | Detail
Date: 12/01/2004
Intervenor Complaint
EE-MO-0087-0002.pdf | Detail
Date: 12/03/2004
Order [Summary Judgment] (432 F.Supp.2d 948) (W.D. Mo.)
EE-MO-0087-0003.pdf | WESTLAW| LEXIS | Detail
Date: 03/17/2006
Order Denying Motion for Judgment as a Matter of Law [in part] (W.D. Mo.)
EE-MO-0087-0005.pdf | Detail
Date: 01/23/2007
Verdict
EE-MO-0087-0004.pdf | Detail
Date: 01/24/2007
Judgment in a Civil Case (W.D. Mo.)
EE-MO-0087-0006.pdf | Detail
Date: 01/24/2007
show all people docs
Judges Fenner, Gary A. (W.D. Mo.) show/hide docs
EE-MO-0087-9000
Plaintiff's Lawyers Bratcher, Lynne J. (Missouri) show/hide docs
EE-MO-0087-9000
Gockel, Marie L. (Missouri) show/hide docs
EE-MO-0087-9000
Kingston, Kristi L. (Kansas) show/hide docs
EE-MO-0087-9000
Seely, Barbara A. (Missouri) show/hide docs
EE-MO-0087-9000
Shelly, Jan (Missouri) show/hide docs
EE-MO-0087-9000
Defendant's Lawyers Martucci, William C. (Missouri) show/hide docs
EE-MO-0087-9000
McAtee, Carrie A. (Missouri) show/hide docs
EE-MO-0087-9000

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