United States District Court, W.D. Arkansas, Fort Smith Division
Counsel for Plaintiff, JAMESL.LEE, Acting General Counsel,
GWENDOLYN YOUNG REAMS, Associate General Counsel, FA YE A.
WILLIAMS Regional Attorne, EQUAL EMPLOYMENT OPPORTUNITY
Counsel for Defendant ROY GEAN, III, GEAN LAW FIRM, ROY GEAN,
B. DIXON Senior Trial Attorney.
P.K.HOLMES UNITED STATES DISTRICT JUDGE.
Equal Employment Opportunity Commission (Commission) and
Defendant Custom Fabrication & Engineering d/b/a Midwest
Automation Custom Fabrication, Inc. (Defendant or Custom)
reached an agreement to resolve this case following
settlement negotiations. The Parties jointly submit this
Consent Decree (Decree) for the Court's review, approval,
and entry to resolve the claim of disability discrimination
alleged in the Commission's Complaint.
Commission is an agency of the United States of America and
enforces federal laws prohibiting discrimination in the
workplace. The Americans with Disabilities Act and Title I of
the Civil Rights Act of 1991 represent two of the federal
laws enforced by the Commission.
Commission instituted this action on behalf of Larry
Batt. The Commission alleged in its Complaint
that Defendant refused to permit Mr. Batt to return to work
following an illness and then terminated his employment in
violation of the ADA.
denies the allegations in the Commission's Complaint that
it engaged in any unlawful employment practices in violation
of the ADA. This Decree does not constitute a finding on the
merits of the case and does not constitute an admission by
Defendant of the allegations in the Complaint. The Parties
have consented to entry of this Decree to avoid the
additional expense and other burdens that continued
litigation of this case would involve.
Decree constitutes the complete and exclusive agreement of
the Parties with respect to the matters referenced herein.
No. waiver, modification, or amendment of any provision of
this Decree shall be effective unless made in writing and
signed by all Parties. The Parties have made no
representations or inducements to compromise this action
other than those recited or referenced in this Decree. The
Parties stipulate that the terms and conditions of this
Decree serve to effectuate the purposes of the ADA.
Court has jurisdiction over the subject matter of this action
and the Parties. After a careful examination of the Decree,
the pleadings, and the record, this Court finds the terms of
this Decree are adequate, fair, reasonable, equitable, and
just. The terms of the Decree also serve the public interest
in eradicating discrimination based on disability. The Decree
furthers the objectives of the ADA and adequately protects
the rights of the Parties and the public interest.
Court does not approve this Decree, the Parties agree not to
admit the Decree into evidence in any subsequent proceeding
in this lawsuit.
hereby ORDERED, ADJUDGED, AND DECREED:
AND DURATION OF DECREE
Decree resolves all issues and claims arising out of the
Commission's Complaint which arose from Charge No.
493-2017-00412. This Decree does not impact any pending
charges, if any, that may currently exist before the EEOC in
the United States. Further, this Decree does not affect
EEOC's right to process any other pending or future
charges that any employee or applicant may file against
Defendant and to commence civil actions on any such charges.
Parties agree the United States District Court for the
Western District of Arkansas, Fort Smith Division, has
jurisdiction over the Parties and the subject matter of this
litigation for the duration of the Decree. Neither Party
shall contest the jurisdiction of this Court to enforce this
Decree. Upon the date the Court enters the Decree, the
provisions of this Decree become immediately effective and
binding upon the Parties to this lawsuit for six months after
the entry date of this Decree.