University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HARDEE'S EE-MO-0038
Docket / Court 4:05-cv-00830-ODS ( 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
The Kansas City Office of the EEOC filed this action in the District Court for the Western District of Missouri. The Defendant was Hardee's Food Systems, Inc., a fast-food chain. The controversy involved an alleged violation of the ADA, as the complainant was allegedly not hired because she had ... read more >
The Kansas City Office of the EEOC filed this action in the District Court for the Western District of Missouri. The Defendant was Hardee's Food Systems, Inc., a fast-food chain. The controversy involved an alleged violation of the ADA, as the complainant was allegedly not hired because she had Treacher Collin Syndrome, a physiological disorder resulting in severe facial abnormalities. The lawsuit was filed on September 12, 2005 and was resolved by consent decree two days later. The complainant, who did not intervene in the case, was awarded $34,000. In addition, supervisory personnel were required to attend a training seminar, the company had to post a Notice, and prior to denying a disabled applicant for employment the company was required to contact the Job Accommodation Network. The decree was to last for one year.

Kevin Wilemon - 07/15/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Hiring
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) Hardee's Food Systems, Inc.
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
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2006
Case Closing Year 2005
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
4:05-cv-00830-ODS (W.D. Mo.)
EE-MO-0038-9000.pdf | Detail
Date: 09/14/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-MO-0038-0001.pdf | Detail
Date: 09/12/2005
Consent Decree
EE-MO-0038-0002.pdf | Detail
Date: 09/14/2005

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