University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. O'REILLY AUTO PARTS, INC. EE-KS-0015
Docket / Court 6:03-cv-01347-WEB-DWB ( D. Kan. )
State/Territory Kansas
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive ... read more >
On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, by forcing the pregnant employee, an assistant manager whose doctor had imposed a 30-pound lifting restriction, to take unpaid leave and subsequently firing her. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy reform, backpay, reinstatement, medical expenses, compensation for emotional harm, and punitive damages.

The parties reached a settlement, which the Court (Judge Wesley E. Brown) entered as a consent decree on June 17, 2004. The 2-year decree provided $50,000 in monetary relief ($15,000 in lost wages and $35,000 in compensatory damages), subject to execution of a release of claims. The decree also provided for up to $200 for the employee to consult an attorney before signing the release. Under the injunctive provisions of the decree, O'Reilly Automotive was required to provide a positive reference, to adopt and distribute anti-pregnancy-discrimination policies to managers and supervisors, to provide equal employment training to all managers and supervisors, to post a pregnancy discrimination notice, and to report to the EEOC every 6 months about employees who took pregnancy-related leave, including whether the leave was voluntary, whether the employee was terminated, and why. The parties bore their own costs. No further court activity appears on the docket and the case is now closed.

Kenneth Gray - 07/29/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reasonable Accommodation
Recordkeeping
Reporting
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a female employee
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 2004 - 2006
Case Closing Year 2004
Case Ongoing No
Additional Resources
click to show/hide detail
  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)
6:03-cv-01347-WEB-DWB (D. Kan.)
EE-KS-0015-9000.pdf | Detail
Date: 06/17/2004
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-KS-0015-0001.pdf | Detail
Date: 09/30/2003
EEOC Litigation Settlement Report
EE-KS-0015-0003.pdf | Detail
Date: 06/16/2004
Consent Decree
EE-KS-0015-0002.pdf | Detail
Date: 06/17/2004
Judges Bostwick, Donald W. (D. Kan.) [Magistrate]
EE-KS-0015-9000
Brown, Wesley Ernest (D. Kan.)
EE-KS-0015-0002 | EE-KS-0015-9000
Plaintiff's Lawyers Dreiband, Eric S. (District of Columbia)
EE-KS-0015-0001
Johnson, Robert G. (Missouri)
EE-KS-0015-0001 | EE-KS-0015-0002 | EE-KS-0015-9000
Lee, James L. (District of Columbia)
EE-KS-0015-0001
Reams, Gwendolyn Young (District of Columbia)
EE-KS-0015-0001
Seely, Barbara A. (Missouri)
EE-KS-0015-0001 | EE-KS-0015-0002 | EE-KS-0015-9000
Taylor, Andrea (Kansas)
EE-KS-0015-0001 | EE-KS-0015-0002 | EE-KS-0015-9000
Defendant's Lawyers Schumaker, Larry M (Missouri)
EE-KS-0015-0002 | EE-KS-0015-9000

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