Vratil, Judge Kathryn H.

English

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
7-7-2005 
Equal Employment Opportunity Commission, Plaintiff, v. T-Mobile 
USA, Inc., f/k/a Voicestream Wireless Corp., Defendant. 
Judge Kathryn H. Vratil 
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Equal Employment Opportunity Commission, Plaintiff, v. T-Mobile USA, Inc., f/k/a 
Voicestream Wireless Corp., Defendant. 
Keywords 
Equal Employment Opportunity Commission, T-Mobile USA, Inc., f/k/a Voicestream Wireless Corp., 
2:04-cv-02072-KHV-DJW, Consent decree / Settlement, Disparate Treatment, Hiring, Blindness, Seeing, 
Media, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/250 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF KANSAS
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
)
Plaintiff, )
)
v. ) Case No. 04-2072-KHV-DJW
)
T-MOBILE USA, INC., f/k/a VOICESTREAM )
WIRELESS CORP. )
)
Defendant. )
CONSENT DECREE
Plaintiff Equal Employment Opportunity Commission has instituted this action alleging 
that Defendant T-Mobile USA, Inc. failed to hire Jose Lopez, because of his disability, blindness, 
in violation of Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. 
For purposes of settlement and compromise only, the parties have advised the Court that they 
wish to resolve the instant controversy without the expense, delay and burden of further 
litigation;
THEREFORE, it is the finding of this Court, made on the pleadings and on the record as 
a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to 
and the subject matter of this action, (ii) the requirements of the ADA will be carried out by the 
implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in 
controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair 
and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:
I. NON-DISCRIMINATION
1. In all matters arising from or relating to employment, T-Mobile USA and its 
officers, agents, employees, successors, and assigns, and all of those in active concert or 
participation with them, or any of them, shall not engage in any employment practice which 
unlawfully discriminates against an employee or applicant under the Americans with Disabilities 
Act. Prohibited discrimination includes, but is not limited to:
a. refusing to hire or rehire a qualified individual with a disability because of 
his/her disability;
b. refusing to provide a reasonable accommodation to a qualified individual 
with a disability;
c. discharging a qualified individual with a disability because of his/her 
disability;
d. maintaining any practice or policy that violates the ADA by depriving or 
tending to deprive any individual of employment opportunities because of such 
individual’s disability;
e. discriminating against persons on the basis of their disabilities in the terms 
and conditions of their employment; and,
f. making disability related pre-employment inquiries.
II. NON-RETALIATION
2. T-Mobile USA, its officers, agents, employees, successors, assigns, and all those 
in active concert or participation with them, or any of them, shall not engage in reprisal or 
retaliation of any kind against any person because such person:
2
a. opposed any practice made unlawful under the ADA;
b. filed a charge of discrimination or other complaint 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. RELIEF FOR CHARGING PARTY
3. Within fifteen (15) days after this Decree is approved by the Court or upon receipt 
of a full release of claims executed by Jose Lopez, whichever is later, T-Mobile USA will 
forward to Jose Lopez, a check made payable to him in the gross amount of Forty Thousand 
Dollars ($40,000). Such amount will be reported on IRS Form 1099 and T-Mobile USA also 
will forward to Rik N. Siro, Esq. a check for $250 to review and advise Mr. Lopez on T-Mobile 
USA’s release of claims.
IV. INJUNCTIVE RELIEF
4. Within one hundred thirty-five (135) days after this Decree is approved by the 
Court, T-Mobile USA will implement a comprehensive policy and procedures for providing 
reasonable accommodation to job applicants and employees with disabilities. Such procedures 
shall include, but not be limited to, the assignment to a senior human resources official the 
responsibility to be the Company’s “Leave/AD A Coordinator,” the establishment of mechanisms 
to allow managers to seek assistance from the Leave/ADA Coordinator when responding to 
requests and / or known needs for reasonable accommodation raised through the hotlink
3
established below, a process for the review of denials of known requests for reasonable 
accommodation, and the inclusion of managers’ compliance with T-Mobile USA’s EEO policies 
(including reasonable accommodation) in all management performance evaluations.
5. Within two hundred (200) days after this Decree is approved by the Court, T- 
Mobile USA will institute a nationwide ADA training program for all management employees. 
The training program will cover all aspects of the ADA, including but not limited to the non­
discrimination in hiring and job application procedures, reasonable accommodation and 
resources for determining accommodations, procedures for providing reasonable accommodation 
to individuals with disabilities, medical examinations and inquiries, protection from retaliation, 
background and reference checks, and confidentiality provisions of the ADA. All managers shall 
be required to complete this training. Customer Care manager training will be completed within 
the 200-day time frame. All other managers will be trained no later than one year from the date 
of this Decree. Thereafter, all newly hired managers shall be required to complete this training 
within four (4) months of their hire date. T-Mobile USA will require managers to repeat this 
training at reasonable intervals.
6. Within ninety (90) days after this Decree is approved by the Court, T-Mobile USA 
will establish a hotlink directed to the Leave/ADA Coordinator, accessible by an e-mail address 
and via T-Mobile’s Internet website, through which applicants and employees may contact the 
Leave/ADA Coordinator to report denials of accommodation, make requests for accommodation 
or report discrimination on the basis of a disability. T-Mobile USA will publicize the Hotlink e- 
mail address and website by:
a. printing the information on all job applications;
4
b. posting the information at every location in its facilities where applications 
are accepted and where employee bulletins are posted.
7. Within one year after this Decree has been approved by the Court, T-Mobile USA 
will create a COS (information systems) taskforce which shall also include the Leave/ADA 
Coordinator to evaluate developments in screen reader software, including but not limited to map 
access, and adaptability to applications utilized by Customer Care Representatives as well as to 
develop a protocol for prompt and efficient evaluation of available technology to accommodate 
disabled applicants or employees. If it is determined that technology can be used to 
accommodate a disability, then the Leave/ADA Coordinator will coordinate communication to 
managers and all persons involved in accepting applications for employment and interviewing 
applicants about these programs so that they will be prepared for applicants who may use these 
programs.
V. POSTING AND NOTICES
8. T-Mobile USA will post and cause to remain posted the posters required to be 
displayed in the workplace by Commission Regulations, 29 C.F.R. § 1601.30.
9. T-Mobile USA will post and cause to remain posted copies of the notice attached 
as Exhibit A in locations publicly visible to all call center employees during the term of this 
Decree.
10. T-Mobile USA will post a copy of the notice attached as Exhibit A in the “Jobs” 
area of the T-Mobile.com website during its term of this decree.
VI. REPORTING
11. T-Mobile USA’s Leave/ADA Coordinator and Employment Counsel will direct, 
monitor and maintain responsibility for implementation of this Decree.
5
12. Within thirty (30) days after this Decree is approved by the Court, T-Mobile USA 
will forward to the Commission’s Regional Attorney in its St. Louis District Office a copy of the 
check forwarded to Jose Lopez as described in paragraph 3 above.
13. No later than 180 days after this Decree is approved by the Court, T-Mobile USA 
will forward to the Commissioner’s Regional Attorney in its St. Louis District office a letter 
attesting to T-Mobile’s compliance with paragraphs 4, 6, 9 and 10 signed by or on behalf of its 
Leave/ADA Coordinator.
14. No later than one year after this Decree is approved by the Court, T-Mobile USA 
will forward to the Commission’s Regional Attorney in its St. Louis District Office a letter 
signed by or on behalf of the Leave/ADA Coordinator providing attesting to T-Mobile USA’s 
compliance with the provisions of this Decree, specifically including paragraphs 5 and 7.
VI. TERM AND EFFECT OF DECREE
15. By entering into this Decree the parties do not intend to resolve any charges of 
discrimination currently pending before the Commission other than the charge that created the 
procedural foundation for the complaint in this case.
16. This Decree will be binding upon the parties hereto, their successors and assigns.
17. This Decree will be for a period of one (1) year. During the Decree’s term the 
Court will retain jurisdiction of this cause for purposes of compliance. At the end of the 
Decree’s term the Court will dissolve the Consent Decree and will dismiss this lawsuit with 
prejudice without further motion by any party.
18. Each party will bear its own costs.
6
BY CONSENT:
FOR PLAINTIFF: FOR DEFENDANT:
ERIC S. DREIBAND 
General Counsel
JAMES L. LEE 
Deputy General Counsel
GWENDOLYN YOUNG REAMS 
Associate General Counsel
ROBERT G. JOHNSON 
Regional Attorney
DONNA L. HARPER
Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
St. Louis District Office
1222 Spruce St., Room 8.100
St. Louis, MO 63103
(314) 539-7914 (phone)
(314) 539-7895 (fax)
#18988 
#18065
Senior Trial Attorneys
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Kansas City Area Office
400 State Ave., Ste. 905
Kansas City, KS 66101
(913)551-5848(phone)
(913)551-6957 (fax) 
andrea.baran@eeoc.gov (e-mail) 
anne. gusewelle@eeoc. gov (e-mail)
bob.johnson@eeoc.gpv (e-mail) 
dormamarper (2),eetfc. gov (e-maif)
ANI 
ANNE E. Gt
RAN KS 
SEWELLE KS
Name David A. Miller 
Title Senior Vice President 
(T-Mobile Official)
& General Counsel
Kimberly F. Seten KS #19394 
CONSTANGY, BROOKS & 
SMITH, LLC
2600 Grand Boulevard, Ste. 300
Kansas City, MO 64108 
tel.: 816-472-6400 
fax: 816-472-6401
e-mail: kperkins@constangy.com 
kseten@constangy.com
ATTORNEYS FOR DEFENDANT
7
SO ORDERED:
July 7, 2005 s/ Kathryn H. Vratil
Date UNITED STATES DISTRICT JUDGE
8
EXHIBIT A
NOTICE TO EM PLOYEES AND JO B APPLICANTS
(on company letterhead)
Federal law prohibits discrimination against any employee because of race, 
national origin, color, religion, sex, disability or age (forty and over) with respect to 
hiring, promotion, firing, compensation, or other terms, conditions or privileges of 
employment. Federal law also prohibits retaliation against persons who complain of 
or oppose practices they believe are discriminatory on the basis of race, national 
origin, color, religion, sex, disability or age (forty and over), and it prohibits 
retaliation against persons who file charges with the EEOC, or who participate in or 
cooperate with an EEOC investigation.
T-Mobile USA supports and will comply with such federal law in all respects 
and will not take any action against employees because they have exercised their 
rights under the law. Specifically, T-Mobile USA will not tolerate discrimination in 
employment, nor will it tolerate retaliation against any employee for exercising 
rights under law.
Employees or job applicants should feel free to report instances of 
discriminatory treatment to their supervisor, a manager, or T-Mobile USA’s 
employee hotlink at any time. T-Mobile USA has established policies and 
procedures to promptly investigate any such reports and to protect the person 
making the reports from retaliation, including retaliation by the person allegedly 
guilty of the discrimination.


Equal Employment Opportunity Commission, Plaintiff, v. T-Mobile USA, Inc., f/k/a Voicestream Wireless Corp., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1249&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. T-Mobile USA, Inc., f/k/a Voicestream Wireless Corp., Defendant.

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