Case: EEOC v. AUTOLIV A S P

1:03-cv-00110 | U.S. District Court for the District of Utah

Filed Date: Sept. 29, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this action in the District of Utah, against Autoliv ASP, a global holding company headquartered in Sweden, which manufactures air bag components. The complaint, filed in September 2003, alleged disability discrimination in violation of the American with Disabilities Act of 1990 (ADA). The complaint alleged that Defendant failed to provide a reasonable accommodation to the charging party who attempted to return to work after taking medical leave …

The Phoenix District Office of the EEOC brought this action in the District of Utah, against Autoliv ASP, a global holding company headquartered in Sweden, which manufactures air bag components. The complaint, filed in September 2003, alleged disability discrimination in violation of the American with Disabilities Act of 1990 (ADA). The complaint alleged that Defendant failed to provide a reasonable accommodation to the charging party who attempted to return to work after taking medical leave for a disability. In January 2005, the case was referred to mediation and in April 2005, the parties entered a consent decree.

The decree, valid for three years, required Defendant to pay charging party a total of $70,000 ($50,000 in compensatory damages and $20,000 in back pay). Defendant was enjoined from discrimination and retaliating against employees on the basis of disability. Defendant must review and revise its policies regarding the ADA, post a notice of non-discrimination at its facility, provide annual EEO training to its employees, and regularly report to the EEOC about its compliance with the decree. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Shankar Viswanathan (7/5/2007)

Clearinghouse (6/12/2017)

People


Attorney for Plaintiff

Christensen, Carlie (Utah)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:03-cv-00110

Docket [PACER]

EEOC v. Autoliv ASP

April 13, 2005

April 13, 2005

Docket
1

1:03-cv-00110

Complaint

EEOC v. Autoliv A S P, a Utah Corporation

Sept. 29, 2003

Sept. 29, 2003

Complaint
40

1:03-cv-00110

Consent Decree

EEOC vs. Autolive A S P, Inc., an Indiana corporation

April 13, 2005

April 13, 2005

Settlement Agreement

1:03-cv-00110

EEOC Litigation Settlement Report (April 2005)

EEOC v. Autoliv A S P, Inc.

No Court

April 30, 2005

April 30, 2005

Press Release

Resources

Docket

Last updated March 27, 2024, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge Ted Stewart. (jmr) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

2

Motion and Order signed by Judge Ted Stewart, 9/30/03. Granting motion/PHV for Attorney Mary Jo O'Neill on behalf of plaintiff EEOC cc:attys (jmr) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

3

Motion and Order signed by Judge Ted Stewart, 9/30/03. Granting motion/PHV for Attorney C. Emanuel Smith on behalf of plaintiff EEOC cc:attys (jmr) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

4

Motion and Order signed by Judge Ted Stewart, 9/30/03. Granting motion/PHV for Attorney Michelle G. Marshall on behalf of plaintiff EEOC cc:attys. (jmr) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

5

Order of Reference as authorized by 28 USC 636(b)(1)(A) and the rules of this Court, the above entitled case is referred to the magistrate judge. The magistrate judge is directed to hear and determine any nondispositive pretrial matters pending before the Court. Signed by Judge Ted Stewart on 10/1/03 (jmr) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

Case referred to magistrate under 28:636(b)(1)(A). (jmr) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

6

Case referred to Judge Brooke C. Wells cc: atty (jmr) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

7

Return of summons executed as to Autoliv ASP c/o Deanette Widmer on 10/8/03. Answer due on 10/28/03 for Autoliv ASP. (jmr) (Entered: 10/28/2003)

Oct. 27, 2003

Oct. 27, 2003

8

Answer to Complaint by Autoliv ASP. (jmr) (Entered: 10/29/2003)

Oct. 28, 2003

Oct. 28, 2003

10

Errata to certificate of service of [8-1] answer filed by Autoliv ASP . (jmr) (Entered: 10/30/2003)

Oct. 29, 2003

Oct. 29, 2003

9

Magistrate Notice of Hearing Initial Pretrial Conference set for 3:00 p.m. on 12/17/03 To be held before Judge Nuffer cc:atty ( Ntc generated by: DN, KM.) (jmr) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff EEOC, defendant Autoliv ASP. (jmr) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

11

REPORT of Attorney Planning Meeting held on 11/13/03. (jmr) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

12

Certificate of election filed by defendant Autoliv ASP Refer to: normal litigation. (jmr) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

14

Scheduling order Setting; Joining of parties, amending of pleadings by 5:00 p.m. on 3/26/04 ; Deadline for filing of all motions by 5:00 p.m. on 8/6/04 ; Discovery cutoff by 5:00 p.m. on 7/2/04 ; Special Attorney Conference or Settlement Conference by 12/2/04 ; Final Pretrial Conference for 2:30 p.m. on 12/16/04 ; Five Day Jury Trial for 8:30 a.m. on 1/3/05. Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not Referred to ADR. Discovery limits set. Signed by Judge David Nuffer on 11/24/03 cc:atty. (jmr) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

15

Certificate of service by Autoliv ASP re: Dft's Initial Disclosure Statement. (jmr) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

16

Certificate of service by EEOC of Initial Rule 26(A)(1) Disclosure Statement and accompanying documents. (jmr) (Entered: 12/29/2003)

Dec. 22, 2003

Dec. 22, 2003

17

Stipulation by EEOC, Autoliv ASP stip to amend [14-1] Scheduling order for service by Dft of Rule 26(a)(2) reports from retained experts from 5/31/04 to 5/28/04 (jmr) (Entered: 01/05/2004)

Dec. 31, 2003

Dec. 31, 2003

18

Order granting [17-1] stipulation motion to amend [14-1] Scheduling order for service by Dft of Rule 26(a)(2) reports from retained experts from 5/31/04 to 5/28/04 signed by Judge David Nuffer, 1/7/04 cc:atty (jmr) (Entered: 01/07/2004)

Jan. 7, 2004

Jan. 7, 2004

19

Certificate of service by Autoliv ASP re: First set of interrogs and request for prod of docs. (jmr) (Entered: 01/20/2004)

Jan. 19, 2004

Jan. 19, 2004

20

Certificate of service by EEOC re: Responses to Pla EEOC's responses to dft Autoliv's First SEt of Interrogs and Requests for Prod of Docs. (jmr) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

21

Certificate of service by EEOC re: pla EEOC's first set of requests for prod of docs to dft. (jmr) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

23

Notice of attorney appearance for EEOC by Loretta Medina. (jmr) (Entered: 04/15/2004)

April 13, 2004

April 13, 2004

22

Motion and Order signed by Judge Ted Stewart, 4/14/04. Granting motion/PHV for Attorney Loretta Medina on behalf of plaintiff EEOC cc:attys. (jmr) (Entered: 04/15/2004)

April 14, 2004

April 14, 2004

24

Joint Motion/Stipulation by EEOC, Autoliv ASP Stip/Joint Motion to extend time re: remaining pretrial deadlines (jmr) (Entered: 04/30/2004)

April 29, 2004

April 29, 2004

25

Amended Scheduling order Setting; Deadline for filing of all dispositive motions 5:00 p.m. on 1/7/05 ; Discovery cutoff 5:00 p.m. on 11/12/04 ; Special Attorney or Settlement Conference by 5/9/05 ; Final Pretrial Conference for 2:30 p.m. on 5/23/05 ; Five Days Jury Trial for 8:30 a.m. on 6/6/05. Signed by Judge David Nuffer on 5/3/04 cc:atty. (jmr) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

26

Certificate of service by Autoliv ASP re: dft's responses to pla EEOC's first set of prod of docs. (jmr) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

Proposed document from EEOC entitled Entry of Appearance by Veronica Molin for EEOC. (jmr) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

28

Notice of attorney appearance for EEOC by Veronica Molina. (jmr) (Entered: 06/16/2004)

June 8, 2004

June 8, 2004

29

Certificate of service by EEOC re: Second Request for Prod of Docs. (jmr) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

30

Stipulation by EEOC, Autoliv ASP Stip to extend time/deadlines for expert reports (jmr) (Entered: 08/18/2004)

Aug. 17, 2004

Aug. 17, 2004

31

Order granting [30-1] stipulation motion to extend time/deadlines for expert reports for pla: 9/21/04 and dft 10/20/04 signed by Judge Ted Stewart, 8/18/04 cc:atty. (jmr) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

32

Certificate of service by EEOC re: first supplemental response to dft Autoliv's first set of interrogs and requests for prod of docs. (jmr) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

33

Stipulation/Joint Motion by EEOC, Autoliv ASP Stip/Joint Motion to extend time re all remaining pretrial dates: Rule 26(a)(2) Reports from Retained Experts for Pla: 12/30/04 and for Dft: 12/18/05, Discovery completed by: 2/25/05 and Last Day to file Dispositive Motions: 4/15/05 (jmr) (Entered: 09/20/2004)

Sept. 16, 2004

Sept. 16, 2004

34

Order granting [33-1] stipulated motion/Joint Motion to extend time re all remaining pretrial dates AMENDED scheduling order deadlines: setting Discovery deadline on 5:00 2/25/05 Deadline for filing of all motions by 5:00 4/15/05 Attorney conference by 9/2/05 Final Pretrial Conference for 2:30 9/15/05 Jury Trial for 8:30 9/26/05 signed by Judge Brooke C. Wells, 9/21/04 cc:atty (alt) (Entered: 09/27/2004)

Sept. 24, 2004

Sept. 24, 2004

35

Certificate of service by EEOC re: pla EEOC's Disclosures of Expert Witnesses. (jmr) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

36

Certificate of service by EEOC re: First Set of Non-Uniform Interrogs to Dft. (jmr) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

37

Order of referral to ADR program for MEDIATION signed by Judge Ted Stewart 1/25/05 cc: atty (jmr) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

38

Notice of Mediation Conference Mediation Conference set for 9:30 2/23/05 , Notice of appointment of mediator: Lois A. Baar cc:ptys (mmr) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

39

Minute entry:, Mediation Conference held; parties were unable to reach settlement-continued negotation on own(as agreed by counsel)-hopeful to reach agreement (jmr) (Entered: 03/09/2005)

March 8, 2005

March 8, 2005

40

Consent Decree/Judgment resolves all claims arising out of the issues between the Commission and Autoliv in this lawsuit, including claims on behalf Judy Holt Day for backpay, front pay, compensatory and punitive damages, injunctive relief, costs and attys' fees signed by Judge Stewart [EOD Date 4/19/05] (jmr) (Entered: 04/19/2005)

April 13, 2005

April 13, 2005

Case closed per consent decree/jgm no. 40. (jmr) (Entered: 04/19/2005)

April 13, 2005

April 13, 2005

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Autoliv ASP, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 70000

Order Duration: 2005 - 2008

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits