Case: EEOC v. Mothers Work, Inc.

5:04-cv-00873 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 28, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

In September 2004 the San Antonio District Office of the EEOC filed this lawsuit against Mother's Work, Inc. in the U.S. District Court for the Western District of Texas alleging discrimination on the basis of mental disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged that the defendant terminated the complaining party from her position as regional manager due to her bipolar disorder. Following an unsuccessful motion for default by the EEOC, the defendant successfully terminated the case through summary judgment in May 2006. The EEOC appealed the decision in July 2006 to the U.S. Court of Appeals for the Fifth Circuit, which affirmed the District Court's grant of summary judgment and denial of attorney's fees. Costs of $4,960.99 were taxed against the EEOC.

Summary Authors

David Friedman (5/12/2008)

Documents in the Clearinghouse

Document

5:04-cv-00873

Docket [PACER]

Aug. 16, 2007

Aug. 16, 2007

Docket
1

5:04-cv-00873

Complaint

Sept. 28, 2004

Sept. 28, 2004

Complaint
13

5:04-cv-00873

Order [Setting Aside Entry of Default]

Feb. 28, 2005

Feb. 28, 2005

Order/Opinion

2005 WL 2005

32

5:04-cv-00873

Order [Re: Motions to Compel]

Oct. 14, 2005

Oct. 14, 2005

Order/Opinion
65

5:04-cv-00873

Order [Granting Defendant's Motion for Summary Judgment]

May 8, 2006

May 8, 2006

Order/Opinion

2006 WL 2006

80

5:04-cv-00873

Order [Re: Attorney's Fees]

Aug. 21, 2006

Aug. 21, 2006

Order/Opinion

06-50840

06-51149

[Opinion Affirming S/J Grant]

EEOC v. Mother's Work, Inc.

U.S. Court of Appeals for the Fifth Circuit

June 21, 2007

June 21, 2007

Order/Opinion

233 Fed.Appx. 233

Resources

Docket

Last updated Jan. 25, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Judge Xavier Rodriguez (ep) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

If ordered by the court, all referrals will be assigned to Magistrate Judge Mathy (ep) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

1

Complaint filed. (Pages: 5) (ep) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

2

Demand for jury trial by Equal Employment (ep) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

summons not issued (ep) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

Summons issued for Mothers Work, Inc. (ep) (Entered: 11/22/2004)

Nov. 18, 2004

Nov. 18, 2004

4

Motion by Equal Employment for clerk to enter default as to Mothers Work, Inc. (tm) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

5

Clerk's entry of default as to Mothers Work, Inc. granting motion for clerk to enter default as to Mothers Work, Inc. [4-1] (tm) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

6

Answer by Mothers Work, Inc. (tm) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

7

Motion by Equal Employment for default judgment against Mothers Work, Inc. (tm) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

8

Appendix for motion for default judgment against Mothers Work, Inc. [7-1] by Equal Employment (sj) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

9

Appendix for motion for default judgment against Mothers Work, Inc. [7-1] by Equal Employment (tm) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

10

Order directing defendant to show cause within 10 days why the Clerk's entry of default should be set aside signed by Judge Xavier Rodriguez (tm) (Entered: 01/27/2005)

Jan. 26, 2005

Jan. 26, 2005

11

Memorandum of law by Mothers Work, Inc. in opposition to motion for default judgment against Mothers Work, Inc. [7-1] and showing cause why default should be set aside (tm) (Entered: 02/08/2005)

Feb. 7, 2005

Feb. 7, 2005

12

Reply by Equal Employment to response in opposition to motion for default judgment against Mothers Work, Inc. [7-1] (tm) (Entered: 02/09/2005)

Feb. 8, 2005

Feb. 8, 2005

13

Order GRANTING defendant's motion to set aside the default, which the Court implied in the filing of defendant's answer. Court denies motion for default judgment against Mothers Work, Inc. [7-1] signed by Judge Xavier Rodriguez (tm) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

14

Order and Advisory: parties are to submit a proposed scheduling order by 4/15/05 and whether or not they consent to a Magistrate Judge jurisdiction within 30 days signed by Judge Xavier Rodriguez (tm) (Entered: 03/10/2005)

March 9, 2005

March 9, 2005

15

Non-consent to proceed before a U.S. Magistrate by Equal Employment (tm) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

16

Joint recommendations for scheduling order by Equal Employment, Mothers Work, Inc. (tm) (Entered: 03/25/2005)

March 24, 2005

March 24, 2005

17

Report of parties' rule 26(f) joint discovery/case management plan by Equal Employment, Mothers Work, Inc. (tm) (Entered: 03/25/2005)

March 24, 2005

March 24, 2005

18

Scheduling order setting: Alternate Dispute Resolution Report due by 5/2/05; Joining of parties, amending of pleadings on 6/8/05; Discovery cutoff 12/16/05; Deadline for filing of all dispositive motions 1/17/06; Pretrial conference of attorneys by 9:30 3/9/06; Jury Selection set for 9:30 3/20/06; Jury trial set for 9:30 3/20/06; Pretrial order to be submitted on or before 2/27/06 signed by Judge Xavier Rodriguez (tm) (Entered: 04/06/2005)

April 5, 2005

April 5, 2005

20

Alternate Dispute Resolution Report filed by Equal Employment, Party(s) agree to Alternate Dispute Resolution (tm) (Entered: 05/03/2005)

May 2, 2005

May 2, 2005

21

Agreed Protective Order signed by Judge Xavier Rodriguez (tm) (Entered: 08/17/2005)

Aug. 16, 2005

Aug. 16, 2005

22

Motion by Equal Employment for leave to file motion to compel discovery out of page limits (motion to compel and memorandum in support receive stamped) (ct) (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 2005

23

Order granting motion for leave to file motion to compel discovery out of page limits [22-1] signed by Judge Xavier Rodriguez (tm) (Entered: 09/08/2005)

Sept. 7, 2005

Sept. 7, 2005

24

Motion by Equal Employment with memorandum in support to compel discovery (tm) (Entered: 09/08/2005)

Sept. 7, 2005

Sept. 7, 2005

25

Combined Witness, Exhibit and Expert List by Equal Employment (tm) (Entered: 09/09/2005)

Sept. 8, 2005

Sept. 8, 2005

26

Order referring motion : referred motion to compel discovery [24-1] to Judge Pamela A. Mathy signed by Judge Xavier Rodriguez (tm) (Entered: 09/12/2005)

Sept. 9, 2005

Sept. 9, 2005

27

Motion by Mothers Work, Inc. for (Edward S. Mazurek) to appear pro hac vice (tm) (Entered: 09/12/2005)

Sept. 9, 2005

Sept. 9, 2005

(Court only) Added for Mothers Work, Inc. attorney Edward S. Mazurek (tm) (Entered: 09/12/2005)

Sept. 9, 2005

Sept. 9, 2005

28

Order granting motion for (Edward S. Mazurek) to appear pro hac vice [27-1] signed by Judge Xavier Rodriguez (tm) (Entered: 09/13/2005)

Sept. 12, 2005

Sept. 12, 2005

29

Response (Memorandum of Law) by Mothers Work, Inc. in opposition to motion to compel discovery [24-1] (ga) (Entered: 09/21/2005)

Sept. 20, 2005

Sept. 20, 2005

30

Response by Equal Employment to Defendant's response in opposition to motin to compel discovery [29-1] (ga) (Entered: 09/22/2005)

Sept. 21, 2005

Sept. 21, 2005

31

Advisory to the court filed by Mothers Work, Inc. (tm) (Entered: 10/05/2005)

Oct. 4, 2005

Oct. 4, 2005

32

Order granting in part, denying in part motion to compel discovery [24-1] It is also ORDERED that this case is RETURNED to the District Court. signed by Judge Pamela A. Mathy (rg) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

(Court only) Motion no longer referred: : motion to compel discovery [24-1] (rg) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

Telephonic status conference held. (tm) Modified on 10/28/2005 (Entered: 10/28/2005)

Oct. 26, 2005

Oct. 26, 2005

33

Advisory to the Court and motion by Equal Employment to continue deposition of Mr. Phillip Williams (tm) (Entered: 10/28/2005)

Oct. 27, 2005

Oct. 27, 2005

34

Minutes of proceedings for Status Conference conducted on 10/26/05 by Judge Rodriguez. Court Reporter: Roden (tm) (Entered: 10/28/2005)

Oct. 27, 2005

Oct. 27, 2005

36

Motion by Mothers Work, Inc. for (Sarah E. Pontoski) to appear pro hac vice (ga) (Entered: 11/08/2005)

Nov. 7, 2005

Nov. 7, 2005

(Court only) Added for Mothers Work, Inc. attorney Sarah E. Pontoski (tm) (Entered: 11/14/2005)

Nov. 10, 2005

Nov. 10, 2005

37

Order granting motion for (Sarah E. Pontoski) to appear pro hac vice [36-1] signed by Judge Xavier Rodriguez (tm) (Entered: 11/14/2005)

Nov. 10, 2005

Nov. 10, 2005

38

Brief by Mothers Work, Inc. in opposition to the EEOC's advisory to the court and motion to take second day of deposition of Mr. Phillip Williams [33-1] (tm) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

39

Transcript filed for dates of 10/26/05 (Proceedings Transcribed: Telephonic Hearing) (Court Reporter: Myers) (tm) (Entered: 11/17/2005)

Nov. 16, 2005

Nov. 16, 2005

Pro hac vice fee paid by Sarah E. Pontoski with Amount: $ 25.00 Receipt # 198335 (pjr) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

40

Reply by Equal Employment to defendant Mothers Work, Inc.'s brief in opposition to the EEOC's advisory to the court and motion to take second day of deposition of Phillip Williams [38-1] (ga) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

41

Order setting hearing motion to continue deposition of Mr. Phillip Williams [33-1] for 1:30 1/6/06 signed by Judge Xavier Rodriguez (tm) (Entered: 12/16/2005)

Dec. 15, 2005

Dec. 15, 2005

42

Order resetting hearing on motion to continue deposition of Mr. Phillip Williams [33-1] for 2:30 1/12/06 signed by Judge Xavier Rodriguez (tm) (Entered: 12/22/2005)

Dec. 21, 2005

Dec. 21, 2005

Motion hearing held for Plaintiff's motion to take second deposition of Phillip Williams [33-1]. Counsel may file any case law/exhibits/memorandums regarding this issue no later than 1/20/06 (tm) (Entered: 01/17/2006)

Jan. 12, 2006

Jan. 12, 2006

43

Minutes of proceedings for Motion hearing conducted on 1/12/06 by Judge Rodriguez. Court Reporter: Myers (tm) (Entered: 01/17/2006)

Jan. 13, 2006

Jan. 13, 2006

44

Transcript filed for dates of 1/12/06 (Proceedings Transcribed: Pretrial Hearing) (Court Reporter: Karl Myers (rg) (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

45

Motion by Mothers Work, Inc. for summary judgment (rg) (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

46

Appendix for motion for summary judgment [45-1] by Mothers Work, Inc. (rg) (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

47

Unopposed Motion by Equal Employment for continuance in response to defendant Mothers Work, Inc.'s motion for summary judgment (rg) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

48

Unopposed Motion by Equal Employment for leave to file supplemental brief in support of the EEOC's motion to take second day of deposition of Phillip Williams in excess of the page limit (rg) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

49

Order granting motion for leave to file supplemental brief in support of the EEOC's motion to take second day of deposition of Phillip Williams in excess of the page limit [48-1] signed by Judge Xavier Rodriguez (rg) (Entered: 01/24/2006)

Jan. 23, 2006

Jan. 23, 2006

50

Advisory to the court regarding EEOC motion to take second day of deposition of Phillip Williams and motion for continuance in response to defendant Mothers Work, Inc.'s motion for summary judgment filed by Mothers Work, Inc. (rg) Modified on 01/24/2006 (Entered: 01/24/2006)

Jan. 23, 2006

Jan. 23, 2006

51

Supplemental Memorandum by Equal Employment in support of motion to continue deposition of Mr. Phillip Williams [33-1] (rg) (Entered: 01/25/2006)

Jan. 23, 2006

Jan. 23, 2006

Tele-conference (in chambers) regarding defendant's advisory to the Court regarding EEOC's motion to take second day of desposition of Phillip Williams and motion for continuance held. Plaintiff's motion to continue deposition is granted. Plaintiff's motion for continuance in response to defendant's motion for summary judgment is granted. Plaintiff's response is due two weeks from receipt of transcript of desposition of Mr. Williams. The Court continues the pretrial conference and jury selection/trial for 4-6 months. No further discovery will be granted. The 3/9/06 pretrial cnf. and 3/20/06 jury selection/trial settings are vacated. (rg) (Entered: 01/31/2006)

Jan. 26, 2006

Jan. 26, 2006

Oral order by Judge Xavier Rodriguez granting motion for continuance in response to defendant Mothers Work, Inc.'s motion for summary judgment [47-1], granting motion to continue deposition of Mr. Phillip Williams [33-1] (rg) (Entered: 01/31/2006)

Jan. 26, 2006

Jan. 26, 2006

(Court only) Terminated pretrial conferencd; jury selection and trial deadlines per telephonic conference. (rg) (Entered: 01/31/2006)

Jan. 26, 2006

Jan. 26, 2006

52

Minutes of proceedings for Telephone Cnf. conducted on 1/26/06 by Judge Rodriguez. Court Reporter: Karl Myers (rg) (Entered: 01/31/2006)

Jan. 26, 2006

Jan. 26, 2006

53

ORDER set pretrial conference for 9:30 8/17/06 , set Jury trial for 9:30 8/28/06 , set Jury selection for 9:30 8/28/06 signed by Judge Xavier Rodriguez (rg) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

54

Transcript filed for dates of 1/25/06 (Proceedings Transcribed: Telephonic hearing) (Court Reporter: Myers) (tm) (Entered: 02/10/2006)

Feb. 9, 2006

Feb. 9, 2006

55

Notice to the court filed by Equal Employment (tm) (Entered: 02/23/2006)

Feb. 22, 2006

Feb. 22, 2006

56

Unopposed Motion by Equal Employment for leave to file response in excess of the page limit (rg) (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

Received plaintiff's response (rg) (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

57

Advisory to the court filed by Equal Employment (rg) (Entered: 03/03/2006)

March 2, 2006

March 2, 2006

58

Order granting motion for leave to file response in excess of the page limit [56-1] signed by Judge Xavier Rodriguez (rg) (Entered: 03/06/2006)

March 3, 2006

March 3, 2006

60

Unopposed Motion by Mothers Work, Inc. to enlarge page limitation for its reply brief (Reply Brief and Exhibits in further support of defendant's motion for summary judgment marked RECEIVED) (rg1) (Entered: 03/16/2006)

March 15, 2006

March 15, 2006

61

Motion by Equal Employment to take leave to substitute exhibits C,D,G,I,J,M and N to plaintiff's response to defendants motion for summary judgment (rg) (Entered: 03/20/2006)

March 17, 2006

March 17, 2006

62

Order granting motion to enlarge page limitation for its reply brief (Reply Brief and Exhibits in further support of defendant's motion for summary judgment marked RECEIVED) [60-1] signed by Judge Xavier Rodriguez (rg) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

63

Reply Brief by Mothers Work, Inc. in support of motion for summary judgment [45-1] (rg) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

64

Order granting motion to take leave to substitute exhibits C,D,G,I,J,M and N to plaintiff's response to defendants motion for summary judgment [61-1] signed by Judge Xavier Rodriguez (rf) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

65

ORDER granting 45 Defendant's Motion for Summary Judgment Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

66

CLERK'S JUDGMENT in favor of Mothers Work, Inc. against EEOC (rg, ) (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

67

Certificate of Non-Concurrence by Mothers Work, Inc. (rg1, ) (Entered: 05/24/2006)

May 22, 2006

May 22, 2006

68

MOTION for Attorney Fees by Mothers Work, Inc.. (tm, ) (Entered: 05/24/2006)

May 22, 2006

May 22, 2006

69

Memorandum in Support of 68 MOTION for Attorney Fees by Mothers Work, Inc.. (tm, ) (Entered: 05/24/2006)

May 22, 2006

May 22, 2006

70

MOTION for Leave to Enlarge Page Limitation for its Response to Defendant's Motion for Attorneys' Fees and Costs. by Equal Employment Opportunity Commission. (Attachments: # 1 Response# 2 exhibits# 3 exhibits)(rf) (Entered: 06/05/2006)

June 2, 2006

June 2, 2006

71

ORDER granting 70 Plaintiff's Motion for Leave to File Excess Pages Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 06/06/2006)

June 5, 2006

June 5, 2006

72

RESPONSE to Motion re 68 MOTION for Attorney Fees , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit)(rg, ) (Entered: 06/06/2006)

June 5, 2006

June 5, 2006

73

Unopposed MOTION for Extension of Time to File Response to defendant's motion for attorney's fees and costs by Mothers Work, Inc. (Attachments: # 1 Reply to plaintiff's response)(rg, ) (Entered: 06/19/2006)

June 16, 2006

June 16, 2006

74

ORDER granting 73 Unopposed Motion for Extension of Time to File Reply brief Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 06/20/2006)

June 19, 2006

June 19, 2006

76

OPPOSED MOTION for Leave to File surreply to defendant's motion for attorney's fees and costs by Equal Employment Opportunity Commission. (rg, ) (Entered: 06/21/2006)

June 20, 2006

June 20, 2006

77

ORDER denying 76 Plaintiff's Motion for Leave to File a surreply to defendant's motion for attorney's fees and costs. Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 06/22/2006)

June 21, 2006

June 21, 2006

78

NOTICE OF APPEAL by Equal Employment Opportunity Commission. (bn, ) (Entered: 07/12/2006)

July 6, 2006

July 6, 2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 78 Notice of Appeal (bn, ) (Entered: 07/12/2006)

July 6, 2006

July 6, 2006

79

USCA Appeal Info Sheet received. USCA Case Number USCA case number 06-50840 for 78 Notice of Appeal filed by Equal Employment Opportunity Commission,. (bn, ) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

80

ORDER granting in part and denying in part 68 Motion for Attorney Fees Mothers Work is entitled to receive court costs totaling $4,960.99, including $60.00 for fees associated with the service of a subpoena, $3,947.35 for court reporter fees, and $953.64 for copying expenses. Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 08/22/2006)

Aug. 21, 2006

Aug. 21, 2006

81

NOTICE OF APPEAL by Mothers Work, Inc.. (bn, ) (Entered: 08/31/2006)

Aug. 30, 2006

Aug. 30, 2006

82

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 81 Notice of Appeal (bn, ) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

83

UNOPPOSED MOTION to Stay the Court's Order awarding costs by Equal Employment Opportunity Commission. (rg, ) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

84

ORDER granting 83 Plaintiff's Unopposed Motion to Stay the Court's order awarding costs to defendant. Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

85

USCA Appeal Fees received $ 455 receipt number 202848 re 81 Notice of Appeal filed by Mothers Work, Inc., (bn, ) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

86

Remark : No hearings- no transcript required (bn, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

87

Certified Original Record-E-Mailed on 9/18/06 to US Court of Appeals re 81 Notice of Appeal (Appeal record held for pickup per 5th circuit instructions) (bn, ) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

Notification from USCA. USCA case number 06-51149 for 81 Notice of Appeal filed by Mothers Work, Inc.,. (bn, ) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

88

USCA Appeal Info Sheet received. USCA Case Number USCA case number 06-51149 for 81 Notice of Appeal filed by Mothers Work, Inc.,. (lp, ) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

90

Acknowledgement Receipt for Record on Appeal by G. Colman, U.S. EEOC - Office of General Counsel. re 89 Appeal Record Transmitted (bn, ) (Entered: 10/17/2006)

Oct. 13, 2006

Oct. 13, 2006

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: 2006

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

Mothers Work, Inc. (San Antonio, Texas), 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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits