Case: EEOC v. MURRAY, INC.

1:00-cv-00123 | U.S. District Court for the Middle District of Tennessee

Filed Date: Sept. 29, 2000

Closed Date: Feb. 27, 2003

Clearinghouse coding complete

Case Summary

In September 2000, the Memphis District Office of the EEOC, along with the Nashville office, brought this suit against defendants Murray, Inc. and International Union UAW Local 1621 in the U.S. District Court for the Middle District of Tennessee. While the complaint is not available, it can be gathered from other court documents that the EEOC alleged that the employer violated the Americans with Disabilities Act (ADA) by terminating a forklift driver solely based on his having insulin-dependent…

In September 2000, the Memphis District Office of the EEOC, along with the Nashville office, brought this suit against defendants Murray, Inc. and International Union UAW Local 1621 in the U.S. District Court for the Middle District of Tennessee. While the complaint is not available, it can be gathered from other court documents that the EEOC alleged that the employer violated the Americans with Disabilities Act (ADA) by terminating a forklift driver solely based on his having insulin-dependent diabetes. Additionally, the EEOC alleged that the defendant engaged in a pattern or practice of discrimination through improper medical screening. The defendant filed a motion for summary judgment in June 2001, arguing that the charging party was not disabled and that the medical screenings were proper.

The district court granted summary judgment to the defendant on the issue of whether the charging party was "disabled" under the ADA; the court ruled that the individual's diabetes did not, as the ADA requires, substantially limit any major life activity. However, the court denied summary judgment on the issue of whether the company's practice of medical screening was discriminatory. E.E.O.C. v. Murray, Inc., 175 F. Supp. 2d 1053 (M.D. Tenn. 2001). After the summary judgment ruling, the case was settled in February 2002 by consent decree. This decree has a term of one year and required the defendant to: pay to the complainant $5,000, to revise it's medical screening policy, to refrain from subjecting employees to medical tests unless necessary for business, and refrain from per se excluding individuals from forklift positions. Additionally, the decree required the defendant to post notice of rights.

Summary Authors

Keri Livingston (9/26/2007)

Documents in the Clearinghouse

Document

1:00-cv-00123

Docket [PACER]

EEOC v. Murray, Inc.

Feb. 27, 2002

Feb. 27, 2002

Docket
38

1:00-cv-00123

Memorandum

EEOC v. Murray, Inc.

Nov. 13, 2001

Nov. 13, 2001

Order/Opinion

175 F.Supp.2d 175

45

1:00-cv-00123

Consent Decree

EEOC v. Murray, Inc. et. al.

Feb. 27, 2002

Feb. 27, 2002

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11421474/eeoc-v-murray-incorporated/

Last updated Feb. 6, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

EEOC COMPLAINT (Waivers to be sent to deft) (bj) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
2

NOTICE of Initial Case Management Conference: Case Management Conference set for 1:30 p.m. on 1/5/01 (bj) (Entered: 10/03/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
3

WAIVER OF SERVICE Of Summons mailed upon deft Murray Incorporated on 10/24/00. (bj) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
4

ANSWER by deft to Complaint [1-1] (bj) (Entered: 12/07/2000)

Dec. 7, 2000

Dec. 7, 2000

PACER

PROPOSED Initial Joint Case Mgmt Order. (bj)

Jan. 4, 2001

Jan. 4, 2001

PACER
5

CIVIL NOTICE of hearing: Case Management Conference reset for 1:30 p.m. on 1/12/01 (bj) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
6

CLERK'S RESUME: Case Management Conference held 1/12/01 ; jury trl 8/13/01 @ 9:00 in Columbia; last day to settle 8/8/01; pre trl conf 7/16/01 @ 1:30 in N'ville; schedo to enter. C/R: Charlotte Sloan (bj) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
7

ORDER by Judge Thomas A. Higgins: Discovery ddl set for 4/13/01; Disp motion filing ddl 5/4/01; joint prop pretrial order ddl 7/16/01; pretrial conf set @ 1:30 p.m. 7/16/01; Jury trial set for 9:00 a.m. 8/13/01 (cc: all counsel) EOD 1/16/01 (bj) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
8

NOTICE OF ATTORNEY APPEARANCE for pltf EEOC by Sally Ramsey. (bj) (Entered: 02/20/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER
9

TRANSCRIPT filed of proceedings on 1/12/01 before Judge Higgins. C/R: Charlotte H. Sloan (dlt) (Entered: 02/28/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
10

NOTICE Of Correction Of Name And Address by Atty Sally Ramsey, f/k/a Sally Ramsey-LaRocco o/b/o pltf EEOC. (xc:AF) (bj) (Entered: 03/02/2001)

March 1, 2001

March 1, 2001

PACER
11

MOTION by pltf for extension of case mgmt order ddls (bj) (Entered: 04/10/2001)

April 10, 2001

April 10, 2001

PACER

PROPOSED Order extending ddls. (bj)

April 10, 2001

April 10, 2001

PACER
12

ORDER by Judge Thomas A. Higgins: granting motion for extension of case mgmt order ddls [11-1]; Discovery ddl reset for 5/11/01; Disp motion filing ddl reset to 6/4/01 ; discovery related motions ddl reset to 5/18/01. (cc: all counsel) EOD 4/13/01 (bj) (Entered: 04/13/2001)

April 13, 2001

April 13, 2001

PACER
13

MOTION by pltf EEOC to amend complaint to join Rule 19(a) party (amended complaint submitted) (bj) (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

PACER
14

MEMORANDUM by pltf EEOC in support of motion to amend complaint to join Rule 19(a) party [13-1] (attachments) (bj) (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

PACER

PROPOSED Order granting motion to amend complaint. (bj)

April 17, 2001

April 17, 2001

PACER
15

ORDER by Judge Thomas A. Higgins: granting motion to amend complaint to join Rule 19(a) party [13-1]; amended complaint shall be filed w/in 10 calendar days. (cc: all counsel) EOD 5/9/01 (bj) (Entered: 05/09/2001)

May 8, 2001

May 8, 2001

PACER
16

USM's SUBPOENA RETURN OF SERVICE executed personally as to Jim Oliver-Director of Health & Safety on 5/3/01. (bj) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

PACER
17

USM's SUBPOENA RETURN OF SERVICE executed personally as to Sandra Calvert-Director of Human Resources on 5/3/01. (bj) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

PACER
18

AMENDED COMPLAINT amending Complaint [1-1] by pltf; adding Int'l Union UAW Local 1621; jury demand. (bj) (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

PACER
19

MOTION by deft Murray Incorporated to compel response to request for production (attachments 1,2) (bj) (Entered: 05/21/2001)

May 18, 2001

May 18, 2001

PACER

PROPOSED Order granting motion to compel. (bj)

May 18, 2001

May 18, 2001

PACER
20

RESPONSE by pltf EEOC to deft Murray, Inc.'s motion to compel response to request for production [19-1] (bj) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

PACER
21

AFFIDAVIT of Sally Ramsey, Atty for pltf, in support of Response [20-1] (bj) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

PACER
22

ANSWER by deft Murray Incorporated to Amended Complaint [18-1]; jury demand. (bj) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

PACER
23

MOTION by deft Murray Incorporated for summary judgment (bj) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

PACER
24

MEMORANDUM by deft Murray Incorporated in support of motion for summary judgment [23-1] (att'd exhibit 1, exhibits 2-11 submitted separately) (bj) Modified on 06/05/2001 (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

PACER
25

AFFIDAVIT of Myron L. Mills, M.D. att'd to Exhibit 4 submitted with the Memorandum In Support and in support of deft Murray Inc.'s motion for s/j [23-1] (bj) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

PACER
26

STATEMENT Of Undisputed Material Facts by deft Murray Incorporated in support of motion for s/j [23-1] (bj) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

PACER
27

ORDER by Judge Thomas A. Higgins: granting deft's motion to compel response to request for production [19-1]; w/in 21 days, pltf shall produce Mr. Waits' SSA files; Mr. Waits has a duty to execute the necessary release forms. (cc: all counsel) EOD 6/5/01 (bj) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

PACER
28

Rule 26 (a)(2) Disclosures by defts (jb) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

PACER
29

RESPONSE In Opposition by pltf EEOC to deft's motion for summary judgment [23-1] (exhibits 1-9 submitted) (bj) Modified on 06/26/2001 (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
30

RESPONSE by pltf EEOC to deft's Statement of Undisputed Material Facts [26-1] (bj) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
31

NOTICE OF ATTORNEY APPEARANCE for deft Int'l Union UAW 1621 by Lee D. Anderson. (bj) (Entered: 06/27/2001)

June 27, 2001

June 27, 2001

PACER
32

Waiver of Service of Summons executed upon Lee Anderson, counsel for deft Int'l Union UAW 1621 on 6/25/01. (bj) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

PACER
33

ORDER by Judge Thomas A. Higgins: Order of recusal and case reassigned to Judge Aleta A. Trauger (cc: all counsel) EOD 7/2/01 (bj) (Entered: 07/02/2001)

July 2, 2001

July 2, 2001

PACER
34

ORDER by Judge Aleta A. Trauger: Pretrial conference scheduled for 7/16/01 is cont'd; Jury trial scheduled for 8/13/01 is cont'd ; the Court will rule on the pending motion for s/j before holding a CMC; discovery is reopened as to newly-added deft Int'l Union UAW Local 1621. (cc: all counsel) EOD 7/5/01 (bj) (Entered: 07/05/2001)

July 3, 2001

July 3, 2001

PACER
35

Parties' STIPULATION. (bj) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

PACER
36

ANSWER by deft Int'l Union UAW 1621 to Amended Complaint [18-1] (bj) (Entered: 07/27/2001)

July 27, 2001

July 27, 2001

PACER
37

NOTICE by deft Murray, Incorporated to Substitute Page 11 of Dr. Isaac Avitan's expert opinion report. (att'd pg. 11) (bj) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

PACER
38

MEMORANDUM OF THE COURT (cc: all counsel) EOD 11/15/01 (gi) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

Clearinghouse
39

ORDER by Judge Aleta A. Trauger: Mtn for summary judgment [23-1] is granted as to the individual claim on behalf of Tommie Waits and denied as to the EEOC's claim of a pattern or practice of discrimination for reasons stated in the accompanying memorandum. EOD 11/15/01 (cc: all counsel) (gi) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

PACER
40

NOTICE of Hearing: Case Management Conference set for 4:30 on 12/7/01. (gi) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

PACER
41

CLERK'S RESUME: Case Management Conference held 12/7/01 ; pltf to submit revised prop consent decree by 12/14/01; rpt to Court by 1/18/02; if case going forward, parties to submit prop schedo. (bj) (Entered: 12/10/2001)

Dec. 7, 2001

Dec. 7, 2001

PACER
42

STATUS REPORT by parties re: status of settlement negotiations. (mk) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

PACER
43

ORDER by Judge Aleta A. Trauger: Pursuant to status report [42-1], parties to submit joint report as to status of this case. If not settled, they shall submit proposed joint scheduling order with ddls for progression of the case. EOD 1/22/02 (cc: all counsel) (mk) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

PACER
44

ORDER by Judge Aleta A. Trauger: The parties have notified court personnel that this case has settled. It is hereby Ordered that stipulations of dismissal or other settlement documents be filed within 20 days of the entry of this Order. EOD 02/06/02 (cc: all counsel) (ot) (Entered: 02/06/2002)

Feb. 5, 2002

Feb. 5, 2002

PACER

PROPOSED Consent Decree to avoid the burdens of further litigation and the parties mutually agree to settle all issues between them. (ot)

Feb. 26, 2002

Feb. 26, 2002

PACER
45

CONSENT DECREE by Judge Aleta A. Trauger resolving all issues and claims arising out of the Commission's Complaint alleging unlawful employment policies and practices at deft's Lawrenceburg, Tn. facility arising out of Charge No. 253-98-0759 filed with the Commission by charging party Raymond T. Waits; notwitstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the Commission other than Charge No. 253-98-0759; the provisions of the this Consent Decree will be effective from the date the decree is entered by the Court and shall continue to be effective and binding upon the parties to this action for a period of one year from the date of the entry of this decree; within 14 days of entry of this Decree, deft shall revise or modify as necessary its current medical screening policy for lift truck operators in order to conform with the requirements; deft agrees to pay Raymond Tommie Waits $5,000 within 10 days after entry of this Consent Decree to resolve all claims arising from EEOC charge number 253-98-0759 and from the Complaint and Amended Complaint filed in this action; within 30 days of entry of this Decree, deft shall report to Regional Attorney Katharine Kores, the names of all employees referred to in Section III, paragraph E, who have elected to reapply for lift truck licensure or bid again for a lift truck operator position, and the status of the employee's eligibility; parties will bear their own costs and fees in this action; terminating case. EOD 02/28/02 (cc: all counsel) (ot) (Entered: 02/28/2002)

Feb. 27, 2002

Feb. 27, 2002

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: Feb. 27, 2003

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

International Union UAW Local 1621, Private Entity/Person

Murray Incorporated, 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

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5000

Order Duration: 2002 - 2003

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits