University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DENNY'S INC. EE-MD-0025
Docket / Court 1:06-CV-02527-AMD ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the EEOC's Philadelphia District Office filed suit against the restaurant chain Denny's. The complaint was filed in U.S. District Court for the District of Maryland and alleged that Denny's violated Title I of the Americans with Disabilities Act by refusing to allow a disabled ... read more >
In September 2006, the EEOC's Philadelphia District Office filed suit against the restaurant chain Denny's. The complaint was filed in U.S. District Court for the District of Maryland and alleged that Denny's violated Title I of the Americans with Disabilities Act by refusing to allow a disabled employee to continue working there, and by refusing to grant reasonable accommodations by making exceptions to its policy placing a cap on medical leave time.

Between 2008 and 2010, the parties held multiple failed settlement negotiation conferences and engaged in discovery. On January 15, 2010, the defendant filed a motion for summary judgment arguing that one of the named plaintiffs was not a person with a qualified disability and that there were other settled facts barring her claim. On July 16, 2010, the court denied this motion finding that there was sufficient evidence to support that a reasonable jury could find for the plaintiff.

Beginning in December 2010, the parties again engaged in settlement negotiations. On June 24, 2011, the court entered a consent decree for a two year duration. The consent decree requires the defendant to not discriminate or retaliate against persons with disabilities in its hiring practices, to change its policies on accommodation and leave, to provide training to its employees, submit to reporting requirements, to pay $1,300,000 in to the claimants, and provide offers of reinstatements to the claimants. The decree laid out various timeframes to complete trainings and had a bi-annual reporting requirement for two years. There has been no further docket activity and so the case is presumably closed.

Jason Chester - 05/27/2008
Sean Mulloy - 03/26/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Hire
Provide antidiscrimination training
Reasonable Accommodation
Recordkeeping
Training
Disability
disability, unspecified
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Pattern or Practice
Reasonable Accommodations
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Denny's, 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 Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2013
Filing Year 2006
Case Closing Year 2011
Case Ongoing No
Docket(s)
1:06-cv-02527-AMD (D. Md.)
EE-MD-0025-9000.pdf | Detail
Date: 06/24/2011
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-MD-0025-0001.pdf | Detail
Date: 09/26/2006
Denny's Sued by EEOC for Disability Bias Against Class of Workers Nationwide
EE-MD-0025-0002.pdf | Detail
Date: 09/28/2006
Stipulated Protective Order Regarding Confidentiality (D. Md.)
EE-MD-0025-0003.pdf | Detail
Date: 06/12/2007
Amended Stipulated Protective Order Regarding Confidentiality (D. Md.)
EE-MD-0025-0004.pdf | Detail
Date: 11/05/2007
Memorandum Opinion [ECF# 67] (2010 WL 2817109) (D. Md.)
EE-MD-0025-0005.pdf | WESTLAW | Detail
Date: 07/16/2010
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 89] (D. Md.)
EE-MD-0025-0006.pdf | Detail
Date: 06/24/2011
Source: PACER [Public Access to Court Electronic Records]
Judges Grimm, Paul William (D. Md.) [Magistrate]
EE-MD-0025-9000
Quarles, William D. Jr. (D. Md.)
EE-MD-0025-0005 | EE-MD-0025-0006 | EE-MD-0025-9000
Plaintiff's Lawyers Guerrier, Charles (Alabama)
EE-MD-0025-9000
Hernandez, Lisa Hope (Pennsylvania)
EE-MD-0025-9000
Lawrence, Debra Michele (Maryland)
EE-MD-0025-9000
McNair, Jacqueline H. (Pennsylvania)
EE-MD-0025-9000
Morocco, Maria Luisa (Maryland)
EE-MD-0025-9000
Phillips, Ronald L. (Maryland)
EE-MD-0025-9000
Defendant's Lawyers Flaherty, Thomas J. (Virginia)
EE-MD-0025-9000
Kaplan, Steven E. (District of Columbia)
EE-MD-0025-9000
Petesch, Peter J. (District of Columbia)
EE-MD-0025-9000
Sun, Jeffrey J. (Virginia)
EE-MD-0025-9000

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