In September 2000, the Cleveland District Office of the EEOC brought this suit against The ESAB Group, Inc. and United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834, in the U.S. District Court for the Northern District of Ohio alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged that the defendant continuously published and failed to keep confidential the medical condition and history of complainant, a disabled employee.

The complaining party intervened in the lawsuit in January 2001. Following a settlement conference, all parties moved for summary judgment in November and December 2001, and the court granted summary judgment for the defendants in February 2002. The EEOC appealed to the Sixth Circuit Court of Appeals in April 2002, where the case was dismissed subject to a settlement agreement by both parties. The settlement agreement required the defendant to pay $5,000 to the complainant and remove from complainant's personnel file: all doctor's notes, any document revealing complainant is disabled,and any document revealing information about complainant's medical condition.

David Friedman - 10/08/2007


compress summary