•
MARY Jo O'NEILL AZ BAR #005924 C. EMANUEL SMITH MS BAR #7473 MICHELLE G. MARSHALLAZ BAR #017358 EQUAL EMPLOYMENT Ol'l'ORTUNlTY COMMISSION, PHOENIX DISTRICT OFFICE 3300 NORTH CENTRAL AVENUE, SUITE 690 PHOENIX, ARIZONA 85012-2504 TELEPHONE: (602) 640-5020
Attorneys for Plaintiff

•

FilED - I'. ' . " T "n! I f~ T I

29 S[P 03 f\;110: 1,1

DIS,::CT OC liTMl

,ll" __- - -
1:1 i i "

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, NORTHERN DIVISION

Equal Employment Opportunity Commission,
Plaintiff,
v.
Autoliv ASP, a Utah corporation, Defendant.

) CIV )

) )

COMPLAINT

) (Jury Demanded) )

)

)

Judge Ted Stewart DECK TYPE: Civil

) DATE STAMP: 09/29/2003 @ 10:56:10

) CASE HUMBER: 1:03cVOOII0 TS

)

)

)

NATURE OF THE ACTION This is an action under Title I ofthe Americans with Disabilities Act of 1990 ani i Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the bl sis of disability and to provide appropriate reliefto Judy Holt Day ("Ms. Day") who was adv :rsely affected by such practices. As alleged with greater particularity below, the Commssion

\
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• •
alleges Defendant Autoliv ASP ("Defendant" or "AutoIiv") discriminated against Ms·. Day on the basis of her disability by denying her a reasonable accommodation, denyin'~ her reassignment because of her disability and terminating her because of her disabilli:y, in violation of Section 102 of the ADA, 42 U.S.C. §12112(a). Also as alleged with more particularity below, Ms. Day's disability includes impairments to her cervical spine al d her right arm.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§4SI, 1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) lfthe Americans with Disabilities Act ofi990 ("ADA"), 42 U.S.C. § 12117(a), which incorp lrates by reference 42 U.S.C. Section 706(f)(1) and (3) ofTitie VII ofthe Civil Rights Act 01··1964 ("Title VII"), §2000e-5(f)(l) and (3) and pursuant to Section 102 of the Civil Rights. \.ct of 1991,42 U.S.C. §1981a.
, I
2. The employment practices alleged to be unlawful were, and are now being committed within the jurisdiction ofthe United States District Court for the District of Utah.
PARTIES
I
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commisl ion"), is the agency ofthe United States ofAmerica charged with the administration, interpr~ tation and enforcement of Title I of the ADA and is expressly authorized to bring this act on by
2
II

• •

Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Se ';tions

706(t)(1) of Title VII, 42 U.S.C. § 2000e-5(t)(1).

•

I

4. At all relevant times, Defendant Autoliv has contmuously been a Utah

corporation doing business in the State ofUtah, and has continuously had at least fiftee!1 (15)

employees.

5. At all relevant times, Defendant Autoliv has continuously been an eml:,loyer

engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U. 'S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorpon~ es by

reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).

6. At all relevant times, Defendant Autoliv has been a covered entity :mder

Section 101(2) of the ADA, 42 U.S.C. § 12111(2).

STATEMENT OF CLAIMS

7. More than thirty days prior to the institution of this lawsuit, Ms. Day j iiled a

charge with the Commission alleging violations ofTitle I ofthe ADA by Defendant A\ toliv.

All conditions precedent to the institution of this lawsuit have been fulfilled.
,I
8. Since at least March 2000, Defendant Autoliv has engaged in un! lwful

employment practices at its Utah facilities, in violation of Section 102 ofTitle I ofthe < '~DA,

42 U.S.C. 42 U.S.C. § 12112(a). These unlawful employment practices include but ae not

limited to the following:

3

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•

•

I'
i'

.,
a. Autoliv denied Ms. Day reassignment to another position becau:e of

her disability;
,
b. Autoliv refused to provide Ms. Day a reasonable accommodatiol ;

c. Autoliv maintains a policy and/or practice of denying reassignme I1t as

a reasonable accommodation to qualified individuals with disabil ties;

and
i
d. Autoliv terminated Ms. Day's employment because of her disabi ity.

9. The effect of the practices complained of in paragraph 8 (a)-(d) above 'lave

been to deprive Ms. Day of equal employment opportunities and otherwise adversely a ITect

her status as an employee, because of her disability.

,

I

10.

The unlawful employment practices complained of in paragraph 8 (al-(d)

above were and are intentional.

11. The unlawful employment practices complained of in paragraph 8 (a :1-(d)

above were and are done with malice or with reckless indifference to the federally prote cted

rights of Ms. day.

PRAYER FOR RELIEF

,
,I

Wherefore, the Commission respectfully requests that this Court:

Ii

A.

Grant a permanent injunction enjoining Defendant Autoliv, its offi ;ers,

successors, assigns, and all persons in active concert or participation with it, from enga '~ing

4

:1

• •

!'
,I
1
in disability discrimination and any other employment practice which discriminates, III the

basis of disability.
! I
B. Order Defendant Autoliv to institute and carry out policies, practice:, and

programs which provide equal employment opportunities for qualified individualI with

disabilities, and which eradicate the effects of its past and present unlawful emplo: 'ment

practices. C.

i
Order Defendant Autoliv to make whole Ms. Day, by providing appro priate

backpay with prejudgment interest, in amounts to be determined at trial, and other affirr lative

relief necessary to eradicate the effects of its unlawful employment practices, includillig but

not limited to rightful place reinstatement of Ms. Day or, in the alternative, frontpay.

D. Order Defendant Autoliv to make whole Ms. Day by providing compen :,ation

for past and future pecuniary losses resulting from the unlawful employment pni ,;tices

described in paragraph 8 (a)-(d) above, including medical expenses not covered by Aubliv' s

employee benefit plan, in amounts to be determined at trial.
,I
E. Order Defendant Autoliv to make whole Ms. Day by providing compe~ :,ation

for past and future nonpecuniary losses resulting from the unlawful practices complaililed of

in paragraph 8 (a)-(d) above, including emotional pain, suffering, inconvenience, I, ISS of

enjoyment of life and humiliation, in amounts to be determined at trial.
i
.1
F. Order Defendant Autoliv to pay Ms. Day punitive damages for its maliciojls and

5

• •

i
reckless conduct, as described in paragraph 8 (a)-(d) above, in amounts to be determined at

trial. G.

Grant such further relief as the Court deems necessary and proper in t~IIe public

interest.

H. Award the Commission its costs of this action.

!!I

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its co nplaint.

6

• •

RESPECTFULLY SUBMITTED this 1.~1.i:- tl.-, day of September, 2003.

PAULM. WARNER United States Attorney
CARLIE CHRISTENSEN Chief, Civil Division

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS

Associate General Counsel

,

i

I
EQUAL EMPLOYMENT OPPORTill !ITY

COMMISSION

1801 L Street, N.W.

Washington, D.C. 20507

UNITED STATES ATTORNEY 185 S. State Street, Suite 400 Salt Lake City, Utah 84111 (801) 325-3235 Associated Local Counsel for Plaintiff

----'-C--u~:nlo!d..Ie.=:<...rb.::;ol~_ _ _ I_

C. EMANUEL SMITH

Supervisory Trial Attorney

~g(~.?Ss:I ~

MICHELLE G. MARSHALL

Trial Attorney

I
EQUAL EMPLOYMENT OPPORTuN TTY

COMMISSION

Phoenix District Office

I

'I

3300 North Central Avenue, Suite 690

Phoenix, Arizona 85012

(602) 640-5020

Attorneys for Plaintiff

7

i
II

 
 Mary Jo O'Neill, AZ Bar #005924 C. Emanuel Smith, MS Bar #7473 Equal Employment Opportunity Commission Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012-2504 Telephone: (505) 640-5033
Loretta Medina Veronica A. Molina Equal Employment Opportunity Commission Albuquerque Area Office 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 Telephone: (505) 248-5230/248-5231
Attorneys for Plaintiff

fiLED U.S. Ct5TR1CT COURT
nns ,\PH 13 P I: 30

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, NORTHERN DNISION

Equal Employment Opportunity Commission,
Plaintiff,
vs.
Autoliv ASP, Inc., an Indiana corporation,
Defendant.

) )

Case No. 1:03-CV-00llO TS

) )

CONSENT DECREE

)

)

) ) )

District Judge Ted Stewart Magistrate Judge Brooke C. Wells

)

)

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against the Defendant, Autoliv ASP, Inc., an Indiana corporation, ("Autoliv") to enforce Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et ~ ("the ADA") and Title I ofthe Civil Rights Act of1991, 42 U.S.C. § 1981a. The Commission's

Complaint alleges that Autoliv discriminated against Judy Holt Day ("Ms. Day") by denying her a reasonable accommodation, denying her reassigmnent to another position, and terminating her because of her disability. The Complaint alleges that Autoliv maintains a policy andlor practice of denying reasonable accommodation to qualified individuals with disabilities. Autoliv categorically denies these allegations.
The parties to this Consent Decree do not object to the jurisdiction ofthe Court over this action and waive a hearing and the Entry of Findings of Fact and Conclusions of Law.
It is ORDERED, ADJUDGED AND DECREED: 1. This Consent Decree resolves all claims arising out of the issues between the Commission and Autoliv in this lawsuit, including claims on behalf of Judy Holt Day for backpay, front pay, compensatory and punitive damages, injunctive relief, costs, and attorneys' fees.
I. INJUNCTION 2. In all matters arising from or relating to employment, Autoliv and its officers, agents, employees, successors, and assigns, and all of those in active concert or participation with them, or any of them, are enjoined from engaging in any employment practice which unlawfully discriminates against an employee or applicant covered under the Americans with Disabilities Act on the basis of disability. Prohibited discrimination includes, but is not limited to: A. refusing to provide a reasonable accommodation to a qualified individual with
a disability as defined by the Americans With Disabilities Act ("QID"); B. refusing to comply with any applicable duty to provide reassignment as a
reasonable accommodation to a QID; C. discharging a QID because ofhislher disability;
2

D. maintaining any practice or policy that violates the ADA by denying any QID of employment opportunities because of such QID's disability; or
E. discriminating against a QID on the basis of his/her disability in the terms, conditions and privileges of their employment.
3. This injunction neither expands nor contracts Autoliv's rights and obligations under the ADA.
II. NON-RETALIATION 4. Autoliv, its officers, agents, employees, successors, assigns, and all those in active concert or participation with them, or any ofthem, shall not engage in reprisal or retaliation of any kind against Judy Holt Day or any person because such person: A. opposed any practice made unlawful under the ADA; B. filed a charge of discrimination with the Commission or a state agency
or testified or participated in any manner in any investigation, proceeding or hearing under the ADA; C. requested and/or received relief in accordance with this Consent Decree; D. participated in any manner in this action or in the investigation giving rise to this action; or E. asserted any rights under this Consent Decree. III. MONETARY RELIEF AND OTHER RELIEF FOR DAY 5. Within ten (10) days after this Consent Decree is approved by the Court, Autoliv will pay seventy thousand dollars ($70,000.00) total to Judy Holt Day in settlement of her claims. The settlement amount will be paid in two sums:
3

A. twenty thousand dollars ($20,000.00) in lost wages, less any applicable deductions for the employee's portion of FICA and applicable federal and state income tax withholdings; and
B. fifty thousand dollars ($50,000.00) representing compensatory damages. Autoliv shall make payment ofthe amounts described in paragraphs 5.A. and 5.B. above in the form of a business check made payable to Judy Holt Day which will be sent to her via certified mail at the address provided by the EEOC with a copy of the check sent to the attention of the Regional Attorney of EEOC's Albuquerque Area Office, 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189. Autoliv shall be responsible for reporting the amount paid to tbe Internal Revenue Service and shall be responsible for paying the employer's share of FUTA and FICA on any amounts designated as lost wages. Autoliv will issue a United States Internal Revenue Service Form 1099 to Ms. Day for any amount designated as compensatory damages.
6. In accordance with Autoliv's representation of its usual practice, in response to any employment inquiries or reference checks concerning Ms. Day, Autoliv shall only provide Ms. Day's dates of employment, job titles, and salary. This provision shall survive the expiration ofthis Decree.
IV. EMPLOYMENT PRACTICES 7. Within thirty (30) days of the entry of this Decree, Autoliv shall review and, as appropriate, revise all of its employment policies and procedures regarding its obligations under the Americans with Disabilities Act, including, but not limited to, its Employee Handbook, its Transitional Duty Program, and all other procedures to ensure that its policies and procedures achieve the following objectives, at a minimum:
4

A. Provide notice to all Autoliv employees that Autoliv shall not engage in any employment practice or policy which violates the ADA.
B. Provide notice to all Autoliv employees that Autoliv shall not engage in any employment practice or policy that retaliates against any person who exercises rights under the ADA.
C. Provide notice to all Autoliv employees that pursuant to the ADA, Autoliv shall reasonably accommodate all qualified individuals with disabilities in accordance with the ADA.
D. Provide notice to all Autoliv employees that a reasonable accommodation may include, but is not limited to, a reassignment from the employee's current job to an existing, vacant position that he/she desires and is qualified to perform with or without accommodation.
E. Provide notice to all Autoliv employees of Autoliv's and the employee's obligation under the ADA to engage in an interactive process in determining a reasonable accommodation.
F. Ensure that Autoliv's policies, procedures and practices are written, distributed and implemented so as to comply with Autoliv's obligations under the ADA. Such policies shall not set fixed cut off dates for QIDs to return to their positions after entering a modified-duty, light-duty or transitional duty program or be terminated solely because of the passage of a set period of time.
G. Ensure that Autoliv's policies, procedures, and practices shall include reassignment of a QID from his/her current job to an existing, vacant position
5

that he/she desires and is qualified to perform with or without accommodation, in accordance with the ADA. 8. Autoliv shall post and distribute to all its employees in Utah the applicable policies and procedures for requesting reasonable accommodations, including reassignment, under the ADA. 9. Within thirty (30) days of the issuance or implementation of any new or revised Autoliv employee handbook or other policies, practices or procedures affecting employee rights under the ADA, Autoliv shall notifY all Autoliv employees employed in Utah ofsuch new orrevised policy or procedure by any means available, including, but not limited to, posting, distribution, or e-mail. 10. Within thirty (30) days of the issuance or implementation of any new or revised Autoliv policies as required by this Decree, Autoliv will provide the Commission copies of all such policies or procedures. 11. In addition to the training required under Paragraph 12 of this Decree, Autoliv shall provide training to all employees responsible for administering Autoliv's modified-duty, lightduty or transitional duty programs to ensure that in administering Autoliv's modified-duty, light-duty or transitional programs, Autoliv will be in compliance with the ADA.
V. TRAINING 12. Defendant shall provide training on the employment provisions ofthe ADA according to the following terms: A. Defendant shall provide training of at least one hour within four (4) months of
entry of this Decree to all employees, supervisors, and managers in its Utah
6

facilities and all employees, including supervisors and managers, shall attend this training. Duplicate or videotaped sessions may be held to accommodate staffing needs. Defendant shall be responsible for all costs associated with this training. B. Defendant shall provide additional training each year during the second and third years of this Decree to all employees responsible for implementing ADA policies and procedures and all employees responsible for implementing ADA policies and procedures shall attend the training. The training will include federal employment discrimination laws, including the ADA. Duplicate sessions may be held to accommodate staffing needs. Defendant shall be responsible for all costs associated with this training. C. Defendant shall select a qualified trainer(s) to conduct training on the employment provisions of the ADA and shall submit the trainer(s)'s name, resume, training agenda, and the date(s) ofthe proposed training to the Regional Attorney of the Commission's Albuquerque Area Office within sixty (60) days of the entry of this Consent Decree. During the second and third years of this Decree, the above information concerning the proposed training shall be submitted to the Regional Attorney at least forty-five (45) days prior to the training. D. The annual training required by this Decree shall include a minimum ofone hour of instruction. All personnel designated in Paragraph 11.A. shall both register and attend the training. The registry of attendance shall be retained by
7

Defendant at least for the duration of the Decree. E. The training, at a minimum, shall include an overview of the requirements of
the ADA; Autoliv's obligations under the ADA; applicant and employee rights under the ADA; non-discrimination in all phases of employment including, recruitment, hiring, and discharge; recruitment; reasonable accommodation; reassignment as a reasonable accommodation; procedures for addressing reasonable accommodation requests; examples of accommodations for qualified individuals with disabilities; the importance of the interactive process; the absence in Autoliv's new policies ofany automatic or fixed date cut-offresulting in terminations or failure to accommodate solely based on the passage of a period oftime; awareness ofissues affecting employees and applicants who have disabilities; Autoliv's commitment to meeting the requirements of the ADA; and, Autoliv's commitment to engage in the interactive process required by the ADA for qualified individuals with disabilities to determine an appropriate accommodation, including, but not limited to, reassignment. F. Immediately following the training sessions, Defendant's top level human resource manager at the applicable facility in Utah will speak to the attendees about: (I) potential discipline that can be taken against supervisors and managers who commit acts of disability discrimination or who permit disability discrimination to occur in the workplace; (2) the importance of maintaining a workplace that encourages the interactive process between the employer and employees who are qualified individuals with disabilities seeking
8

accommodation; and (3) the employer's policies prohibiting discrimination based upon disability. This time shall not be counted toward the one-hour minimum training required in Paragraph 12.0. G. For the duration ofthe decree, at or around the time ofhire, new employees shall view a video tape of the training and shall be given any written material disseminated at the training and any policies and procedures related to the ADA. 13. The Commission, at its discretion, may designate Commission representatives to attend and fully participate in the seminar-training sessions described above.
VI. POSTING OF NOTICE 14. Within thirty (30) days ofthe entry ofthis Decree, Autoliv will post the Notice attached as Exhibit A in all of its facilities in the state of Utah. The Notice will be posted in the same approximate locations as the other labor and employment postings for the duration of this Consent Decree. The Notice shall be the same type, size, and style as Exhibit "A."
VII. REPORTING AND COMPLIANCE 15. Autoliv shall report in writing to the Regional Attorney of the Commission's Albuquerque Area Office at 505 Marquette, NW, Suite 900, Albuquerque, New Mexico, 87102, beginning six months from the date of the entry of this Decree, and thereafter every six months for the duration of the Decree the following information: A. Any changes, modifications, revocations, or reVlSlons to its policies and
procedures which concern or affect the subject ofADA discrimination, including but not limited to.changes relating to modified, transitional or light-duty policies or procedures;
9

· '
B. The registries ofpersons attending each ofthe seminar-training sessions required in paragraph 12 ofthis Decree and a list of current employees on the day of the seminar-training session,
C. Confirmation that the Notice required in Paragraph 13 ofthis Decree was posted and a listing of the locations where it was posted,
16, The Commission, upon reasonable prior written notice, shall have the right to enter and inspect Autoliv's facilities to ensure compliance with this Decree,
VIII. COSTS AND DURATION 17, The parties shall bear their respective attorneys' fees and costs incurred in this action up to the date of entry of this Consent Decree, 18, This Court shall retain jurisdiction ofthis action for a period of three (3) years after entry of the Consent Decree, During the term of the Decree the Commission may petition the Court for compliance with this Decree, Should the Court determine that Defendant has not complied with this Decree, appropriate relief, including extension of this Decree for such period as may be necessary to remedy its noncompliance, may be ordered. 19, This Consent Decree shall expire by its own terms at the end of three (3) years without further action by the parties, 20. The parties agree to the entry ofthis Decree and judgment subject to final approval by the Court.
10

,.

'.

ENTERED AND ORDERED this I~ day Of_----'-4'bJl"-',...'-=--i'_ _~, 2005.

l>lOn.n",LE TED STEWART ATES DISTRICT JUDGE
APPROVED AND CONSENTED TO this ~ay Of_--.LJ'liLJf'\LC(\'-'-y-=L2h-'----_, 2005.

PAUL C. BURKE, Esq.
RAY, QUINNEY & NEBEKER 36 South State Street, Suite 1400 Salt Lake City, Utah 84111 (801) 532-1500
/RICHARDSH~ABUKURO Associate General Counsel Legal Department Autoliv ASP, Inc. 3350 Airport Road Ogden, Utah 84405
Attorneys for Defendant

Eric S. Dreiband General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

M

~1 .

J.. c:::MtAtl'''''

f

cM\;v-+LA

C. EMANUEL SMITH

Supervisory Trial Attorney

MICHELLE G. MARSHALL Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 (602) 640-5020
'bhf11,\Qrl A~~ ORETTA MEDINA Senior Trial Attorney

11

VERONICA A. MOLINA Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 505 Marquette NW, Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230 Attorneys for Plaintiff
12

..
NOTICE TO ALL EMPLOYEES OF AUTOLIV
Disability discrimination in the work place is against federal law, the Americans with Disabilities Act (the "ADA"). The ADA covers qualified individuals with disabilities, persons who are regarded as disabled or have a record of a disability. Under the ADA, it is unlawful for an employer to discriminate on the basis of disability or to fail to make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless providing such an accommodation would impose an undue hardship on the employer.
Autoliv will not discriminate against any individual because ofhislher disability(s). Autoliv will make reasonable accommodation for the known disabilities of qualified individuals with disabilities under the ADA in the application and hiring process as well as in all other aspects of employment as is required by law. Accommodation includes the potential ofreassignment to a vacant position which a qualified individual with a disability desires and is qualified to perform with or without accommodation.
If you believe you have been subj ected to disability discrimination during the course of your employment with Autoliv you have the right to seek assistance from:
(I) The United States Equal Employment Opportunity Commission (the EEOC) at either the Phoenix District Office, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012-2504, (602) 640-5000, TTY or the Albuquerque Area Office at 505 Marquette NW, Suite 900, Albuquerque, New Mexico 87102-2189, (505) 248-5201, TTY (505) 248-5240.
or (2) The Utah Anti-Discrimination Division 160 East 300 South, Post Office Box 146630, Salt Lake City Utah 84114, (801) 530-6801.
You have the right to file a charge with the EEOC or the UADD if you believe you are being subj ected to disability discrimination.
It is also unlawful for any management official or employee of Autoliv to discriminate by retaliation against an individual because you have opposed an act or practice made unlawful by the ADA, or because you made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the ADA. It is also unlawful for any management official or employee of Autoliv to coerce, interfere, intimidate or threaten any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the ADA. If you believe any acts to retaliate, coerce, intimidate, or threaten you have been made, you should contact the EEOC or UADD at the addresses and numbers listed above.
EXHIBIT A

United States District Court for the
District of Utah April 19, 2005
* * CERTIFICATE OF SERVICE OF CLERK * *
Re: 1:03-cv-00llO
True and correct copies of the attached were either mailed, faxed or e-mailed by the clerk to the following:
Ms. Carlie Christensen, Esq. US ATTORNEY'S OFFICE
,
EMAIL
Mary Jo O'Neill, Esq. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 EMAIL
Loretta Medina, Esq. EEOC 505 MARQUETTE NW STE 900 ALBUQUERQUE, NM 87102
Ms. Janet Hugie Smith, Esq. RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 EMAIL
Ms. Lois A. Baar, Esq. JANOVE BAAR ASSOC 9 EXCHANGE PL STE 1112 SALT LAKE CITY, UT 84111 EMAIL

 
 CM/ECF - U.S. District Court:utd - Docket Report

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?781502459112116-L_35...

Electronic Case Filing System District of Utah (Northern)
CIVIL DOCKET FOR CASE #: 1:03-cv-00110-TS

ADR, CLOSED

EEOC v. Autoliv ASP Assigned to: Judge Ted Stewart Demand: $0 Cause: 42:12101 Americans with Disabilities Act of 1990

Date Filed: 09/29/2003 Date Terminated: 04/13/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carlie Christensen US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)524-5682 Email: Carlie.Christensen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F. Medina EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (NM) ALBUQUERQUE AREA OFFICE 505 MARQUETTE NW STE 900 ALBUQUERQUE, NM 87102-2189 (505)248-5230 Email: loretta.medina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Jo O'Neill EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

C. Emanuel Smith EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848

1 of 6

5/31/2007 3:46 PM

CM/ECF - U.S. District Court:utd - Docket Report
V. Defendant Autoliv ASP a Utah corporation
Mediator Lois A. Baar
2 of 6

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?781502459112116-L_35...
(602)640-5000 Email: emanuel.smith@eeoc.gov ATTORNEY TO BE NOTICED
Michelle G. Marshall EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (AZ) PHOENIX DISTRICT OFFICE 3300 N CENTRAL AVE STE 690 PHOENIX, AZ 85012-1848 (602)640-5000 Email: michelle.marshall@eeoc.gov ATTORNEY TO BE NOTICED
Veronica A. Molina EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (NM) ALBUQUERQUE AREA OFFICE 505 MARQUETTE NW STE 900 ALBUQUERQUE, NM 87102-2189 (505)248-5231 Email: veronica.molina@eeoc.gov
represented by Janet Hugie Smith RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 Email: jhsmith@rqn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul C. Burke RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 Email: pburke@rqn.com ATTORNEY TO BE NOTICED
represented by Lois A. Baar HOLLAND & HART (UT) 60 E SOUTH TEMPLE STE 2000
5/31/2007 3:46 PM

CM/ECF - U.S. District Court:utd - Docket Report

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?781502459112116-L_35...

SALT LAKE CITY, UT 84111-1031 (801)799-5929 Email: labaar@hollandhart.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 10/01/2003
10/01/2003
10/01/2003
10/01/2003
10/01/2003 10/08/2003 10/27/2003 10/28/2003 10/29/2003 10/30/2003
11/12/2003
11/17/2003 11/18/2003

#

Docket Text

1 Complaint filed, assigned to Judge Ted Stewart. (jmr) (Entered: 09/30/2003)
2 Motion and Order signed by Judge Ted Stewart, 9/30/03. Granting motion/PHV for Attorney Mary Jo O'Neill on behalf of plaintiff EEOC cc:attys (jmr) (Entered: 10/01/2003)
3 Motion and Order signed by Judge Ted Stewart, 9/30/03. Granting motion/PHV for Attorney C. Emanuel Smith on behalf of plaintiff EEOC cc:attys (jmr) (Entered: 10/01/2003)
4 Motion and Order signed by Judge Ted Stewart, 9/30/03. Granting motion/PHV for Attorney Michelle G. Marshall on behalf of plaintiff EEOC cc:attys. (jmr) (Entered: 10/01/2003)
5 Order of Reference as authorized by 28 USC 636(b)(1)(A) and the rules of this Court, the above entitled case is referred to the magistrate judge. The magistrate judge is directed to hear and determine any nondispositive pretrial matters pending before the Court. Signed by Judge Ted Stewart on 10/1/03 (jmr) (Entered: 10/01/2003)
Case referred to magistrate under 28:636(b)(1)(A). (jmr) (Entered: 10/01/2003)
6 Case referred to Judge Brooke C. Wells cc: atty (jmr) (Entered: 10/08/2003)
7 Return of summons executed as to Autoliv ASP c/o Deanette Widmer on 10/8/03. Answer due on 10/28/03 for Autoliv ASP. (jmr) (Entered: 10/28/2003)
8 Answer to Complaint by Autoliv ASP. (jmr) (Entered: 10/29/2003)
10 Errata to certificate of service of [8-1] answer filed by Autoliv ASP . (jmr) (Entered: 10/30/2003)
9 Magistrate Notice of Hearing Initial Pretrial Conference set for 3:00 p.m. on 12/17/03 To be held before Judge Nuffer cc:atty ( Ntc generated by: DN, KM.) (jmr) (Entered: 10/30/2003)
Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff EEOC, defendant Autoliv ASP. (jmr) (Entered: 11/12/2003)
11 REPORT of Attorney Planning Meeting held on 11/13/03. (jmr) (Entered: 11/18/2003)
12 Certificate of election filed by defendant Autoliv ASP Refer to: normal litigation. (jmr) (Entered: 11/18/2003)

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11/21/2003 11/24/2003
12/19/2003 12/22/2003 12/31/2003 01/07/2004 01/19/2004 03/08/2004 03/19/2004 04/13/2004 04/14/2004 04/29/2004 05/04/2004
05/13/2004 06/07/2004

13 Certificate of election filed by plaintiff EEOC Refer to: normal litigation (jmr) (Entered: 11/21/2003)
14 Scheduling order Setting; Joining of parties, amending of pleadings by 5:00 p.m. on 3/26/04 ; Deadline for filing of all motions by 5:00 p.m. on 8/6/04 ; Discovery cutoff by 5:00 p.m. on 7/2/04 ; Special Attorney Conference or Settlement Conference by 12/2/04 ; Final Pretrial Conference for 2:30 p.m. on 12/16/04 ; Five Day Jury Trial for 8:30 a.m. on 1/3/05. Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not Referred to ADR. Discovery limits set. Signed by Judge David Nuffer on 11/24/03 cc:atty. (jmr) (Entered: 11/25/2003)
15 Certificate of service by Autoliv ASP re: Dft's Initial Disclosure Statement. (jmr) (Entered: 12/19/2003)
16 Certificate of service by EEOC of Initial Rule 26(A)(1) Disclosure Statement and accompanying documents. (jmr) (Entered: 12/29/2003)
17 Stipulation by EEOC, Autoliv ASP stip to amend [14-1] Scheduling order for service by Dft of Rule 26(a)(2) reports from retained experts from 5/31/04 to 5/28/04 (jmr) (Entered: 01/05/2004)
18 Order granting [17-1] stipulation motion to amend [14-1] Scheduling order for service by Dft of Rule 26(a)(2) reports from retained experts from 5/31/04 to 5/28/04 signed by Judge David Nuffer, 1/7/04 cc:atty (jmr) (Entered: 01/07/2004)
19 Certificate of service by Autoliv ASP re: First set of interrogs and request for prod of docs. (jmr) (Entered: 01/20/2004)
20 Certificate of service by EEOC re: Responses to Pla EEOC's responses to dft Autoliv's First SEt of Interrogs and Requests for Prod of Docs. (jmr) (Entered: 03/08/2004)
21 Certificate of service by EEOC re: pla EEOC's first set of requests for prod of docs to dft. (jmr) (Entered: 03/19/2004)
23 Notice of attorney appearance for EEOC by Loretta Medina. (jmr) (Entered: 04/15/2004)
22 Motion and Order signed by Judge Ted Stewart, 4/14/04. Granting motion/PHV for Attorney Loretta Medina on behalf of plaintiff EEOC cc:attys. (jmr) (Entered: 04/15/2004)
24 Joint Motion/Stipulation by EEOC, Autoliv ASP Stip/Joint Motion to extend time re: remaining pretrial deadlines (jmr) (Entered: 04/30/2004)
25 Amended Scheduling order Setting; Deadline for filing of all dispositive motions 5:00 p.m. on 1/7/05 ; Discovery cutoff 5:00 p.m. on 11/12/04 ; Special Attorney or Settlement Conference by 5/9/05 ; Final Pretrial Conference for 2:30 p.m. on 5/23/05 ; Five Days Jury Trial for 8:30 a.m. on 6/6/05. Signed by Judge David Nuffer on 5/3/04 cc:atty. (jmr) (Entered: 05/04/2004)
26 Certificate of service by Autoliv ASP re: dft's responses to pla EEOC's first set of prod of docs. (jmr) (Entered: 05/13/2004)
Proposed document from EEOC entitled Entry of Appearance by Veronica Molin for EEOC. (jmr) (Entered: 06/07/2004)

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06/08/2004 06/08/2004 06/21/2004 08/17/2004 08/19/2004 09/08/2004 09/16/2004
09/24/2004
01/03/2005 01/18/2005 01/26/2005 02/08/2005 03/08/2005 04/13/2005

27 Motion and Order signed by Judge Ted Stewart, 6/7/04 Granting motion/PHV for Attorney Veronica Molina on behalf of plaintiff EEOC cc:attys (jmr) (Entered: 06/08/2004)
28 Notice of attorney appearance for EEOC by Veronica Molina. (jmr) (Entered: 06/16/2004)
29 Certificate of service by EEOC re: Second Request for Prod of Docs. (jmr) (Entered: 06/21/2004)
30 Stipulation by EEOC, Autoliv ASP Stip to extend time/deadlines for expert reports (jmr) (Entered: 08/18/2004)
31 Order granting [30-1] stipulation motion to extend time/deadlines for expert reports for pla: 9/21/04 and dft 10/20/04 signed by Judge Ted Stewart, 8/18/04 cc:atty. (jmr) (Entered: 08/19/2004)
32 Certificate of service by EEOC re: first supplemental response to dft Autoliv's first set of interrogs and requests for prod of docs. (jmr) (Entered: 09/08/2004)
33 Stipulation/Joint Motion by EEOC, Autoliv ASP Stip/Joint Motion to extend time re all remaining pretrial dates: Rule 26(a)(2) Reports from Retained Experts for Pla: 12/30/04 and for Dft: 12/18/05, Discovery completed by: 2/25/05 and Last Day to file Dispositive Motions: 4/15/05 (jmr) (Entered: 09/20/2004)
34 Order granting [33-1] stipulated motion/Joint Motion to extend time re all remaining pretrial dates AMENDED scheduling order deadlines: setting Discovery deadline on 5:00 2/25/05 Deadline for filing of all motions by 5:00 4/15/05 Attorney conference by 9/2/05 Final Pretrial Conference for 2:30 9/15/05 Jury Trial for 8:30 9/26/05 signed by Judge Brooke C. Wells, 9/21/04 cc:atty (alt) (Entered: 09/27/2004)
35 Certificate of service by EEOC re: pla EEOC's Disclosures of Expert Witnesses. (jmr) (Entered: 01/03/2005)
36 Certificate of service by EEOC re: First Set of Non-Uniform Interrogs to Dft. (jmr) (Entered: 01/19/2005)
37 Order of referral to ADR program for MEDIATION signed by Judge Ted Stewart 1/25/05 cc: atty (jmr) (Entered: 01/26/2005)
38 Notice of Mediation Conference Mediation Conference set for 9:30 2/23/05 , Notice of appointment of mediator: Lois A. Baar cc:ptys (mmr) (Entered: 02/08/2005)
39 Minute entry:, Mediation Conference held; parties were unable to reach settlement-continued negotation on own(as agreed by counsel)-hopeful to reach agreement (jmr) (Entered: 03/09/2005)
40 Consent Decree/Judgment resolves all claims arising out of the issues between the Commission and Autoliv in this lawsuit, including claims on behalf Judy Holt Day for backpay, front pay, compensatory and punitive damages, injunctive relief, costs and attys' fees signed by Judge Stewart [EOD Date 4/19/05] (jmr) (Entered: 04/19/2005)

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04/13/2005 04/13/2005

CASE NO LONGER REFERRED TO Judge Brooke C. Wells (jmr) (Entered: 04/19/2005)
Case closed per consent decree/jgm no. 40. (jmr) (Entered: 04/19/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - April 2005

http://www.eeoc.gov/litigation/settlements/settlement04-05.html

EEOC v. Autoliv A S P, Inc. No. CIV-03-110 (D. Utah April 13, 2005)
In this ADA complaint, the Phoenix District Office alleged that defendant, a subsidiary of Autoliv, Inc. (a global holding company headquartered in Stockholm, Sweden) that manufactures air bag components, failed to provide a reasonable accommodation to charging party and other similarlysituated employees who attempted to return to work after taking medical leave for disabilities. After about 5 years in a production job at defendant's Ogden, Utah facility, charging party sustained work-related injuries affecting her cervical spine and both elbows. Between August 2000 and September 2001, she underwent multiple surgeries on her cervical spine and elbows. Based on her doctor's restrictions (lifting limited to 10 pounds, no heavy use of right arm, and no overhead work) defendant reassigned her to light duty work, where she remained for about 15 months. In May 2001, defendant adopted a policy that limited light duty assignments to 120 days. The Human Resources Manager told charging party that she could not work in a light duty assignment permanently, but that she could apply for other jobs during the 120-day period. Charging party applied for several vacant jobs for which she was qualified, but was not selected, and was terminated after 120 days, in September 2001. Defendant made no efforts to assist charging party in obtaining a reassignment, and Human Resources managers admitted that employees on light duty were never hired into vacant positions.
Under the 3-year consent decree resolving this case, charging party will receive $70,000 in monetary relief, consisting of $20,000 in backpay and $50,000 in compensatory damages. Defendant is enjoined from discriminating against employees or applicants on the basis of disability, and is prohibited from retaliation. The decree requires defendant to review, revise, and implement its policies and procedures regarding its obligations under the ADA, including the obligation to provide reasonable accommodations for qualified individuals with disabilities. Such policies will not set fixed cutoff dates for QUIDs to return to their positions after entering a light- or transitional-duty program. Reasonable accommodations will include reassignment of a QUID from his/her position into an existing vacant position that he/she desires and is qualified to perform with or without an accommodation.

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