FILED
u.s. DISTRICT COURT
EASTERN DISTRICT ARK.l\N.C::.dC::

FEB 221999

IN

THE

UNITED

STATES

DISTRICT

COURL
JAMeS

wMi~QRMAGK

CLERK

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FOR THE EASTERN DISTRICT OF ARKANS~S . =='==OE!fC~i:RK

WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
LANDERS AUTO SALES, INC.
Defendant.

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CIVIL ACTION NO.

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COMPLAIN'lLR-C- 9 9 - 12 2

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JURY TRIAL.....DEMAND

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NATURE OF THE AC'l'IQN

This is an action under Title I of the Americans With

Disabilities Act of 1990 (ADA) and the Civil Righ~s Act of 1991 to

correct unlawful employment practices on the basis of disability,

and to provide appropriate make whole relief to Steven Hart.

Defendant failed to provide reasonable accommodations for Mr. Hart,

demoted him because of his disability and retaliated against him

for engaging in activity protected by the ADA.

In addition,

Defendant commingled medical and non-medical personnel information

in violation of the ADA.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28
,DOCUMENT NUMBER
JAMES W. McCORMACK a.EF« OF COURT

u . S . C. §§4 51 , 133 1 , 13 37, 13 43 , and 1345. This is an action
authorized and instituted pursuant to Section 107(a) of the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Sections 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§2000e-5(f) (1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. The unlawful employment practices alleged below were and are now being committed in the Eastern District of Arkansas, Western Division.
PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission") is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. §12117(a}, which incorporates by reference Section 706(f) (1) of Title VII, 42 U.S.C. §2000e-
5 (f) (1) .
4. At all relevant times, Defendant, Landers Auto Sales, ~nc., a subsidiary of United Auto Group, Inc. ( "Defendant Employer"), was a corporat.ion doing business in the State of Arkansas and has continuously had at least twenty five (25) employees.
5. At all relevant times, Defendant Employer has

continuously been and is now an employer engaged in an industry affecting commerce within the meaning of 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 incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§2000e(g) and (h).
6. The Defendant Employer, Landers Auto Sales, Inc., is a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111 (2) .
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Steven Hart, filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least January 1, 1998, Defendant Employer has engaged in unlawful employment practices in violation of the ADA Sections 102(a), 102(b) (1),42 U.S.C. §§12112 (a) and 12112 (b) (1) at its Benton, Arkansas facilities. These unlawful practices include, but are not limited to Defendant I s failure to provide reasonable accommodations to its facilities, demoting Mr. Hart from the position of Wholesale Sales manager (a management position in its Wholesale Parts Warehouse), retaliating against Mr. Hart after
3

he engaged in protected activity and commingling medical and non-

medical personnel information.

9. Steven Hart was employed by Defendant as Parts Manager

since 1992. In July of 1997, Mr. Hart was in an accident that

resulted in quadriplegia. Prior to returning to work in February

of 1998, Mr. Hart requested accommodations to Defendant's

facilities to make the workplace accessible. Mr. Hart is in a

wheelchair. Mr. Hart made additional requests for accommodations

after he returned to work. Defendant ignored his requests until

he complained and filed a charge of discrimination.

10. On or about June 8, 1998, Defendant demoted Steven Hart

from the position of manager in its Wholesale Parts Warehouse.

Mr. Hart was placed in the position in February of 1998, the

warehouse started up operations in March of 1998.

After a brief

period as manager of the Wholesale Parts Warehouse, Mr. Hart was

removed from the position and stripped of any management or

supervisory responsibilities because of his disability.

11. Steven Hart was subjected to retaliation for engaging in

protected activity. The protected activity was seeking reasonable

accommodations, complaining to Defendant about his demotion, and

filing a charge of discrimination with the EEOC.

12. Defendant commingled medical and non-medical information

in its personnel files.

4

13. The practices alleged above have effectively deprived Steven Hart, of equal employment opportunities and adversely affected his status as an employee because of Defendant Employer's actions.
14. The unlawful employment practices complained of above were intentional.
15. Defendant Employer at all relevant times has been acting with malice or reckless indifference to the federally protected rights of Steven Hart, in violation of the ADA, 42 U.S.C. §12101 at.
s.eq~

WHEREFORE, the Commission respectfully prays that this Court:

A.

Grant a permanent injunction enjoining the Defendant

Employer, its officers, successors, assigns and all persons in

active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of disability

or retaliation for engaging in protected activity.

B. Order Defendant Employer to institute and carry out

policies, practices and programs which provide equal employment

opportunities for qualified individuals with disabilities and other

individuals covered by the ADA, and which eradicate the effects of

its past and present unlawful employment practices.

5

C. Order Defendant Employer to make whole Steven Hart, by providing appropriate back pay with interest, in an amount to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement to his rightful place.
D. Order Defendant Employer to make whole Steven Hart, by providing compensation for past and future pecuniary losses, including but not limited to, relocation expenses, job search expenses and medical expenses incurred by Steven Hart, due to the actions of Defendant Employer.
E. Order Defendant Employer to make whole Steven Hart, by providing compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of life, humiliation, inconvenience, mental anguish, and embarrassment, in amounts to be determined at trial.
F. Order Defendant Employer to pay Steven Hart, punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Order Defendant Employer to segregate medical and nonmedical personnel data as required by Section 102 (d) (3) (B. & C.) of the ADA.
H. Grant such further relief as the Court deems necessary and proper.
6

I. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
c. GREGORY STEWART
General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
KATHARINE W. KORES Regional Attorney
Senior Trial Attorney Arkansas Bar #88081 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140
7

 
 Gm~J4~PuRT IN THE UNITED STATES DISTRICT

EASTERN DISTRICT OF ARKANSAS

STRICT ARKANSAS

------0' WESTERN DIVISION

MAY 1 ~ 1999

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

JAMESWM

By:

CCORMACK, CLERK

OP~ ILAAII~NTIFF

V.

NO. LR-C-99-122

LANDERS AUTO SALES, INC.

DEFENDANT

STEVEN HART

INTERVENOR

COMPLAINT IN INTERVENTION

Intervenor Steven Hart herewith brings his Complaint in Intervention,

pursuant to Rule 24(b), Federal Rules of Civil Procedure, and alleges as follows: that his

claims in this intervention have questions of law and fact in common with the primary

complaint in this matter.

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990

(ADA) and Civil Rights Act of 1991 for redress of unlawful employment practices by

Defendant Landers Auto Sales, Inc., on the basis of disability, and to provide appropriate

compensatory and punitive damages relief to Steven Hart to redress such violations. As

more fully alleged herein, Defendant failed to provide reasonable accommodations to Mr.

Hart, demoted him because of his disability, and retaliated against him for engaging in

activity protected by the ADA.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

1331,1337,1343,1345 and 1367. This is an action authorized and instituted pursuant to

Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("TV""), 42 U.S.C. §§ 2000(e-S)(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981(a).
2. The unlawful employment practices alleged below were and are now being committed in the Eastern District of Arkansas, Western Division.
PARTIES 3. On or about February 22, 1999, Plaintiff Equal Employment Opportunity Commission (the "Commission") filed the above-captioned action against Defendant Landers Auto Sales, Inc., seeking redress of discriminatory employment practices against Intervenor Steven Hart in violation of Title I of the Americans with Disabilities Act of 1990 (ADA) and the Civil Rights Act of 1991. 4. Intervenor does hereby adopt and incorporate by reference the allegations of the Complaint filed in this action by the Commission. The factual and legal basis for the allegations of Intervenor herein are, with the exception of the state law claim, set forth below, identical to the factual and legal claims asserted by the Commission in the primary Complaint in this matter. 5. Intervenor is now, and at all times material herein has been, a citizen and resident of Benton, Saline County, Arkansas. At all times material herein, Intervenor Steven Hart has been an employee of Defendant Landers Auto Sales, Inc. 6. At all times material herein, Defendant Landers Auto Sales, Inc., a subsidiary of United Auto Group, Inc. ("defendant employer"), was a corporation doing
2

business in the State of Arkansas which has continuously employed at least twenty-five (25) employees.
7. At all times material herein, Defendant Employer has continuously been an employer engaged in industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) to the ADA, 42 U.S.C. § 12111 (7), which incorporates by reference Sections 701 (d) and (h) of Title VII, 42 U.S.C. §§ 2000(e)(g) and (h).
8. Defendant Employer Landers Auto Sales, Inc. is a covered entity under Section 101 (2) to the ADA, 42 U.S.C. § 12111 (2).
9. Intervenor Steven Hart has satisfied all procedural prerequisites to maintenance of this Complaint in Intervention, as set forth in paragraph seven of the Commission's primary Complaint in this matter.
10. Since at least January 1, 1998, Defendant Employer has engaged in unlawful employment practices in violation of the ADA Sections 102(a), 102(b)(1), 42 U.S.C. §§ 12112(a) and 12112(b)(1) at its Benton, Arkansas facilities. These unlawful practices include, but are not limited to, Defendant's failure to provide reasonable accommodations to its facilities, demoting Mr. Hart from the position of Wholesale Sales manager (a management position in its Wholesale Parts Warehouse), retaliating against Mr. Hart after he engaged in protected activity and commingling medical and non-medical personnel information.
11. Steven Hart was employed by Defendant as Parts Manager since 1992. In July of 1997, Mr. Hart was in an accident that resulted in quadriplegia. Prior to
3

retuming to work in February of 1998, Mr. Hart requested accommodations to Defendant's facilities to make the workplace accessible. Mr. Hart is in a wheelchair. Mr. Hart made additional requests for accommodations after he retumed to work. Defendant ignored his requests until he complained and filed a charge of discrimination.
12. On or about June 8, 1998, Defendant demoted Steven Hart from the position of manager in its Wholesale Parts Warehouse. Mr. Hart was placed in the position in February of 199; the warehouse started up operations in March of 1998. After a brief period as manager of the Wholesale Parts Warehouse, Mr. Hart was removed from the position and stripped of any management or supervisory responsibilities because. of his disability.
13. Steven Hart was subjected to retaliation for engaging in protected activity. The protected activity was seeking reasonable accommodations, complaining to Defendant about his demotion, and filing a charge of discrimination with the Commission.
14. The practices alleged above have effectively deprived Steven Hart, of equal employment opportunities and adversely affected his status as an employee because of Defendant Employer's actions.
15. The unlawful employment practices complained of above were intentional.
16. Defendant Employer, at all relevant times, has been acting with malice or reckless indifference to the federally protected rights of Steven Hart, in violation of the ADA, 42 U.S.C. § 12101 et seq.
4

STATE CLAIMS 17. In addition to the violations of federal law set forth above, the conduct of Defendant Employer described in paragraphs 10 through 13 above also violates the provisions of Arkansas Code Annotated §§ 16-123-107 and 16-123-108(1987), which provide that covered individuals have a right to secure and hold employment without discrimination on account of disability, and which provide that any such person injured by prohibited discriminatory acts shall have a right to seek compensatory and punitive damages, including litigation costs and reasonable attorney's fees. This court has supplemental jurisdiction of Intervenor's claims under state law, pursuant to 28 U.S.C. § 1367, because such claims are so related to claims in this action within the original jurisdiction of this court that they form part of the same case or controversy under Article "I of the United States Constitution.
PRAYER FOR RELIEF Wherefore, the Intervenor respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and a" persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability or retaliation for engaging in protected activity. B. Order Defendant Employer to institute and carry out policies. practices and programs which provide equal employment opportunities for qualified individuals with disabilities and other individuals covered by the ADA, and which eradicate the effects of its past and present unlawful employment practices.
5

C. Order Defendant Employer to make whole Steven Hart, by providing appropriate back pay with interest, in an amount to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement to his rightful place.
D. Order Defendant Employer to make whole Steven Hart, by providing compensation for past and future pecuniary losses, including but not limited to, relocation expenses, job search expenses and medical expenses incurred by Steven Hart, due to the actions of Defendant Employer.
E. Order Defendant Employer to make whole Steven Hart, by providing compensation for non-pecuniary losses, including emotional pain, suffering, loss of enjoyment of life, humiliation, inconvenience, mental anguish, and embarrassment, in amounts to be determined at trial.
F. Order Defendant Employer to pay Steven Hart, punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Award Intervenor attorney's fees and costs. H. Grant such further relief as the Court deems necessary and proper.
JURY TRIAL DEMAND Intervenor requests a jury trial on all questions of fact raised by his Complaint in Intervention.
6

Respectfully submitted,
Kaplan, Brewer & Maxey, P.A. 415 Main Street Little Rock, AR 72201 (501) 372-0400

CERTIFICATE OF SERVICE

I hereby certify that the foregoing document was _'" ~nt by
mail /lcourier_/fax_lother _ _ _ _ _ _ _ this /;;)- day of ~_'

19.11.., to the following:

()_

Mr. Michael Jones Gilker & Jones 9222 N. Hwy. 71 Mountainburg, AR 72946

Mr. Garland W. Binns, Jr. Horne, Hollingsworth & Parker P.O. Box 3363 Little Rock, AR 72203-3363

Katharine W. Kores Terry Beck William A. Cash, Jr. Equal Employment Opportunity Commission 1407 Union Avenue, Suite 621 Memphis, TN 38104

7

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

FILED
u.s. DISTRICT COURT
EASTERN DISTRICT ARKANSA~
AUG 25 2000

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

PLAINTIFF,

v.

CASE NO. LR-C-99-122

LANDERS AUTO SALES, INC.,

DEFENDANT.

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity

Commission (hereinafter the "Commission") against the Defendant,

Landers Auto Sales, Inc., pursuant to Section 107(a} of the

Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.

§ 12117(a) , which incorporates by reference Sections 706(f} (1) and

(3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42

U.S.C. §§ 2000e-5(f} (1) and (3), and pursuant to Section 102 of the

Civil Rights Act of 1991, 42 U.S.C. § 1981a, to remedy unlawful

practices alleged in the Complaint filed in this action.

In the event this proposed Consent Decree is not approved or

does not become final, then it shall not be admissible in evidence

in any subsequent proceeding in this action. This Decree shall not

constitute evidence of any violation by the Defendant of the

Americans with Disabilities Act, as amended, and shall not be

admissible in any other civil actions other than actions arising

out of the rights and obligations of the parties under this Decree.

Further, nothing herein shall be deemed to be an admission by

Landers Auto Sales, Inc., that it has at any time, place or in any

manner whatsoever violated Title VII 'of the Civil Rights Act of

1964, as amended, 42 U.S.C. § 2000e, et seq.

1

The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, the statements of counsel for all parties, and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Western Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-98-1064 filed by the Charging Party Steve Hart with the Commission. Notwithstanding 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. 251-98-1064. B. The provisions of this Consent Decree 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.
III. NON-DISCRIMINATION PROVISION A. The Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant shall not fail to
2

provide reasonable accommodations to any employee with a disability as required by the Americans with Disabilities Act, as amended.
B. The Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of a disability under the Americans with Disabilities Act.
C. Defendant agrees to conduct a training session on the requirements of the Americans with Disabilities Act for all the management employees at Defendant's Chrysler dealership in Benton, Arkansas. This training session will be conducted within ninety (90) days of the entry of this decree. A list of the employees that attend the training session, a copy of the syllabus, and a copy of the training materials will be provided to Plaintiff within thirty (30) days of the training session.
D. Defendant will provide a copy of its Americans with Disabilities Act policy to all of its employees at Defendant's Chrysler dealership in Benton, Arkansas, within thirty (30) days of the entry of this decree.
E. Defendant will maintain a wheelchair accessible workplace, including accessible doors, parking facilities, work areas, computers, telephones, and restrooms.
IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure against Steve Hart or any other person for opposing
3

practices made unlawful under the Americans with Disabilities Act or for making a charge or complaint to the Commission, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing under the Americans with Disabilities Act.
V. NOTICE Defendant shall continue to conspicuously post at Defendant's Chrysler dealership in Benton, Arkansas, the notice (poster) required to be posted pursuant to the Americans with Disabilities Act, as amended. Furthermore, Defendant shall conspicuously post the notice at Appendix A of this Decree at its Chrysler dealership in Benton, Arkansas, for a one year period commencing within ten (10) days after entry of this Decree by the Court.
VI. INDIVIDUAL RELIEF A. Defendant shall expunge from Steve Hart's personnel records any unfavorable or adverse personnel comments regarding any aspect of his employment with Defendant. Defendant shall expunge from Steve Hart's personnel records any reference to EEOC Charge No. 251-98-1064 and Mr. Hart's participation in this litigation. B. Defendant shall deliver to Steve Hart a cashier's check made payable to "Steve Hart" in the amount of $160,000 at the following address within ten (10) days after entry of this Decree by the Court:
Silas Brewer, Esq. Kaplan, Brewer & Maxey, P.A. 415 Main Street Little Rock, Arkansas 72201 C. Defendant shall forward a copy of the check to William A. Cash, Jr., Esq., at the EEOC office in Little Rock, Arkansas.
4

D. Defendant agrees to give a neutral reference to any potential employers of Steve Hart who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Steve Hart's charge of discrimination or this action will be made as part of the neutral reference.
E. Defendant agrees that the van provided to him by Defendant is a gift. Defendant shall immediately execute the necessary documents to transfer title of the van to Steve Hart, and Defendant will pay the sales tax on the van.
VII. COSTS Defendant agrees to pay the attorneys' fees of Steve Hart in the amount of $30,000. EEOC and Defendant shall bear their own costs, including attorneys' fees.
SO ORDERED THIS ~() ~DAY OF """-"'tk=~=¥l~~~~------
2000.
rHIS DOCUMENT ENTERED OU DOCKET SHEET tj\.. COMPLIANCE WITH RULE 58 ANDIOR 79(a) FRCP
ON 8~·~. _ BvJ2C _-
5

COUNSEL FOR THE PLAINTIFF
~~~~~~Wk
Regional Attorney

COUNSEL FOR THE DEFENDANT 72946

TERRY B K Supervisory Trial

Landers Auto Sales, Inc.
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5539 COUNSEL FOR PLAINTIFF INTERVENOR
Kaplan, Brewer & Maxey 415 Main Street Little Rock, Arkansas
6

APPENDIX A NOTICE
7

NOTICE
1. Landers Auto Sales, Inc. has agreed as part of a settlement with the EEOC to post this notice for one year to reinforce the company's policies concerning the Americans with Disabilities Act.
2. Federal law prohibits an employer from discriminating against applicants for employment or employees who are qualified individuals with disabilities.
3. Federal law prohibits an employer from taking retaliatory action against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
4. Landers Auto Sales, Inc. supports and will comply with such Federal laws in all respects. Landers Auto Sales, Inc. will not discriminate against applicants for employment or employees who are qualified individuals with disabilities. Landers Auto Sales, Inc. will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted, or participated in any manner in any invest' ation, proceeding, or hearing under the Americans th Dis 'lities Act.

STEV L LANDERS

INC.

DATE

8

APPENDIX B NEUTRAL REFERENCE
9

Dear

This letter is i.n refer~nc~ 1:0 your request for information regarding the employment of Steve Hart while employed at Landers Auto Sales, Inc.

Mr. Hart worked at Lander-s Au to Sales, Inc. from

through

Company policy does

not permit us to give out any more information concerning Mr. Hart's

employment.

I am sure Mr. Hart can pr-ovide you with the det.;lils concerning his tenure at Landers Auto Sales, Inc. I hope this information is helpful and that it satisfactorily answers your inquiry.

Very truly yours,

LANDERS AUTO SALES, INC.

F I L E COP Y vjt
UNITED STATES DISTRICT COURT Eastern District of Arkansas U.S. Post Office & Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
August 28, 2000
* * MAILING CERTIFICATE OF CLERK * *
Re: 4:99-cv-00122.
True and correct copies of the attached were mailed by the clerk to the following:
Silas H. Brewer Jr., Esq. Kaplan, Brewer & Maxey, P.A. Metro Centre Mall 415 Main Street Little Rock, AR 72201-3801
Garland W. Binns Jr., Esq. Horne, Hollingsworth & Parker 401 West Capitol, Suite 501 Post Office Box 3363 Little Rock, AR 72203-3363
Michael R. Jones, Esq. Gilker & Jones 9222 North Highway 71 Mountainburg, AR 72946
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104

Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
cc: press, post

8/28/00 Date:

James W. McCormack, Clerk
V. Turner BY:

 
 CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?537956332335336-L_3...

DISC, HLJ, TERMED
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:99-cv-00122-SWW

EEOC v. Landers Auto Sales Assigned to: Judge Susan Webber Wright Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/22/1999 Date Terminated: 08/25/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street

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V. Defendant Landers Auto Sales, Inc
Intervenor Steven Hart

Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Garland W. Binns, Jr. Dover Dixon Horne PLLC 425 West Capitol Avenue Suite 3700 Little Rock, AR 72201-2692 (501) 375-9151 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael R. Jones Gilker & Jones 9222 North Highway 71 Mountainburg, AR 72946 (479) 369-4294 Email: mike.jones@gilkerandjones.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Silas H. Brewer, Jr. Kaplan, Brewer, Maxey & Haralson, P.A. Metro Centre Mall 415 Main Street Little Rock, AR 72201-3801 (501) 372-0400 Email: sihbrew@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/22/1999 03/17/1999

#

Docket Text

1 TITLE VII COMPLAINT with jury demand, no summons issued (cdw) (Entered: 02/22/1999)
2 ORDER OF TRANSFER (DOC) Case reassigned to the docket of Chief Judge Susan W. Wright (cc: all counsel) (former empl) (Entered: 03/17/1999)

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03/17/1999 03/23/1999 03/24/1999 04/06/1999 04/21/1999 04/27/1999
05/03/1999 05/06/1999 05/12/1999 05/24/1999 09/22/1999 12/13/1999 12/27/1999
04/26/2000 05/02/2000
08/25/2000

3 MOTION and Brief in Support by Steven Hart to intervene (vjt) (Entered: 03/18/1999)
4 RETURN OF SERVICE executed upon defendant Landers Auto Sales on 3/22/99 (vjt) (Entered: 03/24/1999)
5 WAIVER OF SERVICE OF SUMMONS upon defendant Landers Auto Sales on 2/25/98 (vjt) (Entered: 03/25/1999)
6 ORDER by Chief Judge Susan W. Wright granting motion to intervene by Steven Hart [3-1] (cc: all counsel) (vjt) (Entered: 04/07/1999)
7 ANSWER by defendant Landers Auto Sales (former empl) (Entered: 04/22/1999)
8 SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 9:30 1/18/00 in Little Rock; motions to amend pleadings due 11/5/99; motions in limine due 10 calendar days prior to trial; all other motions and discovery due 12/3/99; pretrial info sheet due 12/17/99 (cc: all counsel) (vjt) (Entered: 04/27/1999)
9 MOTION by pltf to amend the scheduling order to reschedule the trial date (vjt) (Entered: 05/04/1999)
10 ORDER by Chief Judge Susan W. Wright denying at this time pltf's motion to amend the scheduling order to reschedule the trial date [9-1] (cc: all counsel) EOD 5/6/99 (vjt) (Entered: 05/06/1999)
11 COMPLAINT in INTERVENTION by Steven Hart (vjt) (Entered: 05/13/1999)
12 ANSWER by deft Landers Auto Sales to complaint in intervention of Steven Hart [11-1] (vjt) (Entered: 05/25/1999)
13 ATTORNEY APPEARANCE by Pamela B Dixon for plaintiff (former empl) (Entered: 09/23/1999)
14 JOINT MOTION by intervenor, defendant and plaintiff for continuance (former empl) (Entered: 12/14/1999)
15 AMENDED SCHEDULING ORDER by Chief Judge Susan W. Wright granting joint motion for continuance [14-1]; jury trial is reset for 9:30 10/16/00 in Little Rock; pretrial info sheet due 9/15/00; all other deadlines remain as previously scheduled (cc: all counsel) (vjt) (Entered: 12/28/1999)
16 JOINT MOTION by deft Landers Auto Sales for extension of discovery and dispositive motion deadlines (vjt) (Entered: 04/26/2000)
17 ORDER by Chief Judge Susan W. Wright granting joint motion for extension of discovery and dispositive motion deadlines [16-1]; discovery extended to 7/18/00; the Court will not be available to resolve any discovery disputes that may arise after 7/18/00; dispositive motions deadline is 8/17/00 (cc: all counsel) (vjt) (Entered: 05/03/2000)
18 CONSENT DECREE: by Chief Judge Susan W. Wright resolving all issues and claims arising out of the Commission's complt in this cause alleging unlawful employment policies and practices; the provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of

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CM/ECF - ARED - LIVE - Docket Report

https://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?537956332335336-L_3...

one year from the date of the entry of this decree; deft shall deliver to Steve Hart a cashier's check in the amt of $160,000 to the Kaplan, Brewer & Maxy Law Firm w/in 10 days after entry of this Decree; deft shall forward a copy of the check to William A. Cash Jr., at the EEOC office in Little Rock; deft agrees to pay the attys' fees of Steve Hart in the amt of $30,000; EEOC & deft shall bear their own costs, including attys' fees; terminating case (cc: all counsel) (vjt) (Entered: 08/28/2000)

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5/25/2007 3:01 PM

 
 EEOC SETTLES ADA LAWSUIT FOR $220,000 AGAINST MAJOR...

http://www.eeoc.gov/press/8-31-00.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE Thursday, August 31, 2000

CONTACT: Katharine W. Kores (901) 544-0151 William A. Cash Jr. (501) 324-5539
TTY: (501) 324-5481

EEOC SETTLES ADA LAWSUIT FOR $220,000 AGAINST MAJOR ARKANSAS AUTO DEALERSHIP

LITTLE ROCK, Ark. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a lawsuit filed under the Americans with Disabilities Act (ADA) against Landers Auto Sales, Inc. (Landers), part of the United Auto Group, for discriminating against Steven Hart, a former sales manager who has quadriplegia due to a severe diving accident. The suit alleges that Landers violated the ADA by failing to provide reasonable accommodations for Mr. Hart, who is paralyzed and uses a wheelchair; substantially cutting his salary; demoting him because of his disability; and retaliating against him for engaging in activity protected by the ADA.
"The Commission will continue to vigorously enforce the ADA by protecting employees and applicants with disabilities from workplace discrimination," said EEOC Chairwoman Ida L. Castro. "Employers should know by now, a decade after the ADA's enactment, that they are required by law to provide reasonable accommodations for individuals with disabilities, unless doing so would constitute an undue hardship on their business."
A Consent Decree settling the case was recently approved by the U.S. District Court for the Eastern District of Arkansas. The agreement provides for a payment of $160,000 to Mr. Hart as well as $30,000 in attorneys fees. Mr. Hart intervened in the EEOC litigation and was represented by private counsel, Silas Brewer, of Kaplan, Brewer & Maxey, P.A. of Little Rock. As part of the settlement, Larson will also pay for a disabled-accessible Dodge conversion van that was previously provided to Mr. Hart. The total cost of the van, including title and sales tax, is in excess of $30,000.
In addition to monetary relief and the accessible van, Landers has agreed to provide comprehensive training for management employees in the requirements of the ADA and post a notice informing its workforce that it will not tolerate disability discrimination. Moreover, the consent decree enjoins Landers from retaliating against any employees that participated in this action and prohibits the company from engaging in any employment practice that discriminates against employees on the basis of disability, including failing to provide reasonable accommodations to employees with disabilities. Landers also agrees to maintain a wheelchair accessible workplace, including accessible doors, parking facilities, work areas, computers, telephones, and restrooms.
"Prosecuting ADA cases remains a strategic litigation priority for the Commission," said EEOC General Counsel C. Gregory Stewart. "EEOC will continue to focus its litigation resources on disability discrimination whether it be on a class-wide scope or individual basis."
Katharine W. Kores, Regional Attorney for EEOC's Memphis District Office, and William A. Cash Jr., Senior Trial Attorney in the agency's Little Rock Area Office, who were responsible for prosecuting the case, issued the following joint statement: "This settlement should send a strong message to employers in Arkansas and surrounding states that they must honor and uphold the employment provisions of the ADA. Discriminating against individuals with disabilities in the workplace is unlawful and will not be tolerated."
EEOC enforces the employment provisions of the ADA (Title I), which prohibit private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, discharge, advancement, compensation, job training, and other terms and conditions of employment.
Since July 26, 1992, when the Title I became effective, through March 31, 2000 (first half of Fiscal Year 2000), EEOC has obtained over $300 million on behalf of more than 20,000 individuals through its enforcement efforts, including settlements, conciliations, mediation, and litigation. In addition, the Commission has obtained non-monetary benefits for over 10,000 individuals, including reasonable accommodation, policy changes, training and education, job referrals, union membership, and the posting of EEO notices at job sites.
In addition to enforcing Title I of the ADA, EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin; the Age Discrimination in Employment Act, which prohibits discrimination against individuals 40 years of age or older; sections of the Civil Rights Act of 1991; the Equal Pay Act; and the Rehabilitation Act's prohibitions against disability discrimination in the federal government.

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EEOC SETTLES ADA LAWSUIT FOR $220,000 AGAINST MAJOR...

http://www.eeoc.gov/press/8-31-00.html

Further information about the Commission, including an ADA 10th Anniversary Report and ADA policy guidance, is available on the agency's web site at www.eeoc.gov.
This page was last modified on September 12, 2000.

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