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Case Name EEOC v. DHL EXPRESS (USA), INC. EE-OH-0023
Docket / Court 1:06-cv-02371 ( N.D. Ohio )
State/Territory Ohio
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Philadelphia district office of the Equal Employment Opportunity Commission (EEOC) brought this suit in September 2006 against DHL Express (USA), Inc., a major national shipping company, in the U.S. District Court for the Northern District of Ohio. The complaint alleged that DHL refused to hire ... read more >
The Philadelphia district office of the Equal Employment Opportunity Commission (EEOC) brought this suit in September 2006 against DHL Express (USA), Inc., a major national shipping company, in the U.S. District Court for the Northern District of Ohio. The complaint alleged that DHL refused to hire a 53-year-old applicant because of his age, in violation of the Age Discrimination in Employment Act of 1967 (ADEA). The applicant applied for the position of Delivery Driver/Courier Guard. The plaintiff alleged that DHL instead hired less qualified individuals under the age of 40 for the same position. The EEOC sought a permanent injunction preventing the defendant from engaging in discriminatory hiring practices.

Judge Patricia A. Gaughan granted DHL’s motion for summary judgment on November 20, 2007. In the motion to dismiss, DHL asserted that the applicant did not have the relevant driving experience required for the position. Additionally, DHL contended that the applicant “did not communicate well and appeared unprepared.” Judge Gaughan found that DHL articulated a non-discriminatory reason for not hiring the applicant and the plaintiff failed to provide a pretext as to why DHL’s explanation more likely than not was not the reason the applicant did not get the job.

The EEOC appealed to the U.S. Court of Appeals for the Sixth Circuit in January 2008 but did not pursue the appeal later that year. The court dismissed the appeal at the request of the parties in May 2008 and the case is now closed.

Shankar Viswanathan - 05/30/2008
Richa Bijlani - 11/22/2019


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Issues and Causes of Action
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Issues
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) DHL Express (USA), 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
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 2006
Case Closing Year 2008
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
08-3143 (U.S. Court of Appeals)
EE-OH-0023-9001.pdf | Detail
Date: 05/22/2008
Source: PACER [Public Access to Court Electronic Records]
1:06-cv-02371-PAG (N.D. Ohio)
EE-OH-0023-9000.pdf | Detail
Date: 06/25/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-OH-0023-0001.pdf | Detail
Date: 09/29/2006
Memorandum of Opinion and Order [Granting Summary Judgment] (2007 WL 4125922) (N.D. Ohio)
EE-OH-0023-0002.pdf | WESTLAW | Detail
Date: 11/20/2007
EEOC Sues DHL for Segregating Employees by Race
EE-OH-0023-0003.pdf | Detail
Date: 09/24/2010
Source: EEOC.gov
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Judges Gaughan, Patricia Anne (N.D. Ohio) show/hide docs
EE-OH-0023-9000 | EE-OH-0023-9001
Plaintiff's Lawyers Mays, Lawrence (Ohio) show/hide docs
EE-OH-0023-9000
McMillan, Solvita A. (Ohio) show/hide docs
EE-OH-0023-9000
Watson, C. Larry (Ohio) show/hide docs
EE-OH-0023-9000
Defendant's Lawyers Floyd, Mark S (Florida) show/hide docs
EE-OH-0023-9000
Fuller, Adam D (Ohio) show/hide docs
EE-OH-0023-9000
Johnson, Christopher R (Ohio) show/hide docs
EE-OH-0023-9000

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