The Cleveland office of the EEOC brought this suit against Carter Jones Lumber Company in the Northern District of Ohio in September 2004. The complaint alleged that the defendant failed to hire the complainant because of a physical disability and made medical inquiries in violation of the Americans with Disabilities Act. The case was consolidated with a private party suit in November 2004. The complainant intervened in May 2005. The defendant filed two motions for summary judgment, which were denied. The parties engaged in mediation that did not result in a settlement. The case went to a jury trial in September 2006; the jury returned a verdict for the defendant. The complainant filed two motions for a new trial or to alter the judgment, and they were all denied. The EEOC appealed the decision in May 2007, but it withdrew the appeal two months later.

Kevin Wilemon - 08/06/2008


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