In March 2003 the Birmingham office of the EEOC brought this suit against RPH Management d/b/a McDonald's in the U.S. District Court for the Northern District of Alabama. The EEOC complaint, which is unavailable, alleged that the defendant violated the Americans with Disabilities Act by discriminating on the basis of disability. The defendant filed a motion to dismiss for lack of subject matter jurisdiction in April 2003, alleging that the EEOC failed to attempt to conciliate in good faith. The charging party intervened in the case in May 2003. In April 2004, the magistrate judge issued a recommendation that the EEOC's case be dismissed due to the failure to conciliate in good faith. The district judge adopted this report, and the EEOC's case was dismissed in August 2004. In May 2005, the charging party and defendant filed a stipulated motion to dismiss the intervenor complaint. The EEOC filed a notice of appeal in October 2005, and, in July 2006, the district court's decision was affirmed.

Kevin Wilemon - 10/19/2007


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