IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

02-73914
Civil Action No.:

Plaintiff,

AVERNCOHN

Honorable

v.

FORD MOTOR COMPANY,

COMPLAINT MA~lC:;TP.ATF AND IURY TR'fXCfil:M'A"Nlf

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rn NATURE OF THE ACTIONg:::"I§5 ..,.,.

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This is an action under Title I of the Americans With Disabilities Act of -;:::sJ:}; e_n

I of the Civil Rights Act of 1991, to correct unlawful employment practices on the oasis of

disability and to make whole Kimberly McNeil ("McNeil").

The Equal Employment Opportunity Commission alleges that Defendant, Ford Motor

Company ("Ford") violated the Americans with Disabilities Act by failing to reasonably

accommodate McNeil, a qualified individual with a disability, as a Production Assembler at

its Michigan Truck Assembly Plant because of her disability.

IURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S:c. §§ 451,1331,1337,

1343 and 1345. This action is 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"),

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42 U.S.c. §§ 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, as amended, 42 u.s.c. Section 1981(a).
2. The employment practices hereafter alleged to be unlawful were committed in the Eastern District of Michigan, Southern Division.
PARTIES 3. The Plaintiff, Equal Ernployment Opportunity Commission (the "Comrnission"), is an agency of the United States of America charged with the adrninistration, 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), wh ich incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5(f)(1) and (3). 4. At all relevant ti mes, Defendant Ford was doi ng busi ness in the State of Michigan and the City of Wayne, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Ford was continuously engaged in an industry affecting cornrnerce 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 Section 701 (g) and (h) ofTitle VII, 42 U.S.c. § 2000e(g) and (hl. 6. At all relevant times, Defendant Ford was 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, McNeil filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Ford. All conditions precedent to the institution of this lawsuit have been fulfilled.
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8. Beginning in October 1998, Defendant Ford engaged in unlawful employment practices in violation of the ADA Sections 102(a), 102(b)(5)(A) and 102(b)(5)(B), 42 U.S.c. §§ 12112(a), 12112(b)(5)(A) and 12112(b)(5)(B), at its Michigan Truck Assembly Plant. The Defendant's practices include, but are not limited to, failing to reasonably accommodate McNeil's need for a day shift assignment, which was necessary because of her disability, and engaging in discriminatory conduct toward her because of her disability.
9. McNeil is a qualified individual with a disability who was able to perform the essential functions of her position with or without a reasonable accommodation.
10. The effect of the above-mentioned, unlawful employment practices has been to deprive McNeil of equal employment opportunities because of her disability.
11. The above-mentioned unlawful, employment practices were intentional. 12. The effect of the above mentioned, unlawful employment practices has been to cause McNei I to suffer a loss of enjoyment of life. 13. The unlawful employment practices complained of above were committed with malice and a reckless indifference to McNeil's federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests 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 unlawful employment practice which discriminates on the basis of disability; B. ORDER Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and
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which eradicate the effects of its past and present unlawful employment practices; C. ORDER Defendant Employer to provide training to its management employees
regarding disability discrimination and the ADA's requirement to provide a reasonable accommodation to disabled employees;
D. ORDER Defendant Employer to make whole McNeil by providing her with appropriate lost earnings and benefits, with pre-judgment interest, in amounts to be proven at trial, and other· affirmative relief necessary to eradicate the effects of its unlawful employment practices;
E. ORDER Defendant Employer to make whole Kimberly McNeil by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, in amounts to be proven at trial.
F. ORDER Defendant Employer to pay Kimberly McNeil punitive damages for the malicious or reckless conduct described in paragraph 8 above, in amounts to be proven at trial.
G. GRANT the Commission its costs in this action; and H. GRANT such further relief as the Court deems necessary and proper.
Respectfully submitted, NICHOLAS INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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--------------------.---------

DATE

ROBERT DAWKINS (P38289) Supervisory Trial Attorney
TAMMY KLEIN (P60256) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-5673

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- - - - -------.--

 
 CLOSED
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
FORD MOTOR COMPANY,
Defendant.
--------------------------~/
ADELE RAPPORT (P44833) ROBERT DAWKINS (P38289) TAMMY KLEIN (P60256) Equal Employment Opportunity Commission 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673

Case No.: 02-73914

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O~fEfD) Honorable Avern Cohn~
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NOV 27 2D02
uEA"UCsLf"E~'.%»""~".~. ~OT~FCIOCUERT
RAPHAEL RICHMOND (P55606) CHIGAN
Ford Motor Company Parklane Towers West Suite 1500 Three Parklane Boulevard Dearborn, Michigan 48126 (313) 322-0231

SETIlEMENT AGREEMENT On September 30, 2002, this matter was commenced by the United States Equal Employment Opportunity Commission, (the "Commission") against Ford Motor Company, ("Defendant" or "Ford Motor") on behalf of Charging Party, Kimberly McNeil ("Charging Party" or "McNeil"). The Commission's Complaint alleged that McNeil was denied the opportunity to work on the day shift as a reasonable accommodation for her disability.
FINAL DISPOSITION 1. Through this Settlement Agreement, ("Agreement") Plaintiff, the Commission, on

.. _--_ .._ - - - - - - - - - - - -
behalf of Kimberly McNeil, and Defendant, Ford Motor Company, agree to forever resolve all issues raised, presented, or joined in Civil Action Number 02-73914 without the burden, expense and potential delay of further litigation, and agree to be bound by the promises made herein.
STIPULATED FACTS
2. The parties stipulate and agree that the EEOC is the agency of the United States government authorized to investigate allegations of unlawful employment discrimination, to bring civil actions to prohibit unlawful employment practices and to seek relief for individuals affected by the practices complained of in this lawsuit. 3. Ford Motor Company is an employer engaged in an industry affecting commerce within the meaning of Section 701 (g) and (h) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000e(g) and (h), which is incorporated by reference in the ADA. Ford Motor Company had at least fifteen (15) employees for twenty (20) or more calendar weeks during the relevant time period. 4. Pursuant to the ADA, the parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan (Southern Division) over the subject matter and parties to this case for the purpose of enforcing the provisions of this Agreement if necessary. The Parties further agree that enforcement of this Agreement would also be proper and permissible in any State Court of general jurisdiction.
MONETARY RELIEF 5. Ford Motor Company agrees to pay Kimberly McNeil monetary relief in the amount of $5,000 within thirty (30) days of the acceptance and signing of this Agreement. Taxes
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and other statutory deductions shall be deducted from said amount. The funds are to be paid directly to McNeil, via U.S. Mail, at 38054 Westvale, Romulus, Michigan 48174, with a copy of the check sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226.
NON-MONETARY RELIEF 6. Ford Motor Company will honor Ms. McNeil's medical restrictions, and, in accordance with any such restrictions, provide Ms. McNeil with a reasonable accommodation, as required by the ADA.
NON-DISCRIMINATION 7. Ford Motor Company shall comply with the ADA's reasonable accommodation requirements at its Michigan Truck Plant and its Wixom Plant. Such compliance shall include engaging in the interactive process with disabled individuals concerning appropriate accommodations and accommodating their restrictions unless such accommodation would pose an undue hardship.
NON-RETALIATION 8. Ford Motor Company, through its directors, officers, agents, successors, assigns and employees, will not retaliate against any person known to them who participated or cooperated in the investigation and prosecution by the EEOC of Charge Number 230-AO1177, filed under the Americans with Disabilities Act.
DISPUTE RESOLUTION AND COMPLIANCE 9. The Parties agree that enforcement of this Agreement may be sought in either the United States District Court for the Eastern District of Michigan, Southern Division, or any
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State Court of general jurisdiction. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Agreement. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review.
POSTING OF NOTICE 10. Ford Motor Company agrees to post a mutually agreeable notification, attached as Attachment A, in at least one (1) conspicuous place at its Dearborn facility, which sets forth employees' rights regarding the federal anti-discrimination laws. This notice shall be posted for three (3) years from the entry of this Agreement. Should any posted copies of the notice become defaced, marred or otherwise made unreadable, Ford Motor Company agrees to post a readable copy of this notice in the same manner heretofore specified as soon as practical thereafter.
NON-ADMISSION OF LIABILITY 11. Ford Motor Company has denied all allegations set forth in Civil Action Number 0273914, along with any and all inferences of wrongdoing, and neither its consent to this Agreement, nor any of the terms or conditions set forth herein shall constitute an adjudication or finding on the merits of the case or be construed as an admission of liability, wrongdoing, guilt, and/or violation of federal law, which Ford Motor Company expressly denies.
ALLOCATION OF COST 12. The Parties agree to pay their respective costs and attorneys fees associated with the
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drafting and enforcement of this Agreement. SEVERABILITY CLAUSE
13. If any provision of this Agreement is found to be unenforceable by a court, only the specific provision in question shall be affected and the other enforceable provisions shall remain in full force.
TRAINING 14. Since the cause finding was issued in the McNeil Charge, Ford Motor Company has provided training to its managers and supervisors at its Michigan Truck Plant. The training session included a discussion of the Americans with Disabilities Act and an employer's duty to provide a disabled worker with a reasonable accommodation. The name of the individual(s) conducting the training, a list of participants and the topics discussed shall be provided to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, within thirty (30) days of the signing of this Agreement.
ENTIRE AGREEMENT 15. This Agreement constitutes the entire agreement and commitments of the parties. Any modifications to this Agreement must be mutually agreed upon in writing and signed by the parti es hereto.
DURATION 16. This Agreement shall remain in effect for three (3) years from the date of its signing.
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IT IS HEREBY AGREED:
ADELE RAPPOR 44833) ROBERT DAWKINS (P38289) TAMMY KLEIN (P60256) Equal Employment Opportunity Commission Detroit District Office Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673
IT IS SO ORDERED:
cJul
HONORABLE AVERN COHr::F

,
5606)
NOV 27 2f1G2
DATE

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.'
ATIACHMENTA
NOTICE This Notice is being posted to inform you of your rights guaranteed by federal law under The Americans with Disabilities Act of 1990, as amended, ("ADA") which prohibits discrimination against any individual on the basis of disability with regard to any term or condition of employment, including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or in retaliation forthe opposition of unlawful employment practices. The ADA further mandates that employers accommodate the known disabilities of its employees, providing it does not constitute an undue hardship. Accommodations can include things such as shift modified work assignments and modified work schedules. Ford Motor Company agrees that it will diligently work with its employees who request accommodations for their disability.
The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary, brings lawsuits in federal court to enforce the provisions of the ADA.
Ford Motor Company agrees that it will not retaliate against or take any action what-so-ever against any employee who seeks an accommodation for their disability.

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

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?118767603152844-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:02-cv-73914-AC

CLOSED, TAC

EEOC v. Ford Mtr Co Assigned to: Honorable Avern Cohn Demand: $0
Plaintiff Equal Employment Opportunity Commission
V. Defendant Ford Motor Company

Date Filed: 09/30/2002 Date Terminated: 11/27/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Tammy C. Klein Equal Employment Opportunity Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-6701 Fax: 313-226-5673 Email: Tammy.Klein@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/30/2002 11/27/2002

#

Docket Text

1 COMPLAINT; jury demand - Receipt # usa (jg) (Entered: 10/01/2002)
2 SETTLEMENT Agreement, signed by parties and ordered by Judge Avern Cohn; with Attachment A; case closed [EOD Date: 12/2/02] (jg) (Entered: 12/02/2002)

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