Moon, Judge Norman K.

English

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
6-1-2004 
Equal Employment Opportunity Commission, Plaintiff, v. Quality 
Foods Cooperative, Inc., Defendant. 
Judge Norman K. Moon 
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Equal Employment Opportunity Commission, Plaintiff, v. Quality Foods 
Cooperative, Inc., Defendant. 
Keywords 
Equal Employment Opportunity Commission, Quality Foods Cooperative Inc., 6:03-cv-00068-nkm-mfu, 
Consent decree / Settlement, Disparate Treatment, Failure to Accommodate, Termination, Retail, 
Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/265 
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF VIRGINIA 
LYNCHBURG DIVISION
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION,
Plaintiff, Civil Action No. 6:03ev00Q68
v.
QUALITY FOODS COOPERATIVE, INC.
Defendant.
CONSENT DECREE
This action was instituted on September II, 2003, by Plaintiff, the Equal Employment 
Opportunity Commission (“Plaintiff’ or “EEOC”), against Defendant, Quality Foods 
Cooperative, Inc (“Defendant” or “Quality Foods”), pursuant to Title I of the Americans with 
Disabilities Act of 1990 (“ADA”) and Title I of the Civil Rights Act of 1991.
The EEOC’s Complaint (“the Complaint”) alleges that in or about February 2001, 
Defendant unlawfully failed to accommodate Ms. Tina Harris, a qualified individual with a 
disability, resulting in her discharge from her employment with Defendant. Quality Foods denies 
that it has engaged in unlawful conduct and denies the allegations set forth by the EEOC.
The parties desire to resolve this action without the time and expenditure of contested 
litigation. The parties also desire to express a plan to be embodied in this Decree which will 
promote and effectuate the purposes of the ADA.
The Court has examined this Decree and finds that it is reasonable and just and in 
accordance with the Federal Rules of Civil Procedure and the ADA. Therefore, upon due 
consideration of the record herein and being fully advised of the premises, it is hereby 
ORDERED, ADJUDGED, and DECREED:
1. The parties agree that this Decree is voluntarily entered into by the parties, that it 
shall not constitute an adjudication and finding on the merits of the case and shall not be 
construed as an admission by Quality Foods that it violated the ADA nor a disavowal by the 
EEOC of the allegations contained in its Complaint. This Decree constitutes a full discharge and 
satisfaction of any and all claims which have been alleged in the Complaint filed in this ADA 
action by the EEOC based on the EEOC charge filed by Tina Harris (EEOC administrative 
charge number 122-A1-0374).
2. Jurisdiction to resolve any dispute arising under this Decree resides in the United 
States District Court for the Western District of Virginia, Lynchburg Division.
3. The parties agree to the following provisions:
-2-
A. Monetary Relief
Defendant agrees to send a check payable to Tina Harris, Charging Party, to an address to 
be provided, in the monetary amount of $13,500, including back pay and compensatory damages, 
within ten (10) days after this Decree is entered by the Court.
B. Injunctive Relief with regard to the Charging Party
Defendant agrees that it will not include any records or documents relating to Ms.
Harris’s filing of a charge of discrimination with the Commission, or the Commission’s lawsuit 
against Defendant, in Ms. Harris’s personnel files wherever maintained.
C. Compliance With Applicable Employment Laws
Quality Foods shall comply in all respects with the Americans with Disabilities Act 
which prohibits discrimination on the basis of disability in any phase of employment and 
reasonable accommodation of qualified individuals with a disability. The ADA also contains 
prohibitions against retaliation against persons who pursue charges of discrimination.
D. Quality Foods’ Policies and Procedures
Quality Foods shall ensure that it has adopted policies and procedures regarding the 
Americans with Disabilities Act (“ADA”), the ADA’s prohibition of discrimination based on 
disability, and the ADA’s requirements for reasonable accommodation and provided clear 
guidelines for employees and supervisors and managers concerning rights and responsibilities 
under the ADA.
-3-
E. Training
Within 90 days of the execution of this Decree, Quality Foods will provide training to the 
Quality Foods’ management team regarding the ADA’s prohibition of discrimination on the basis 
of disability and employees’ rights under the ADA under the supervision of the law firm of 
Williams Mullen. A record of this training shall be maintained by Quality Foods. A provision 
shall be made for providing new management employees with ADA training within a reasonable 
time after their hiring,
F. Notice Requirement
Upon execution of this Decree, Quality Foods will immediately post on its employee 
bulletin board, and maintain for a period of one (1) year from the date of posting, copies of the 
Notice attached hereto as Exhibit 1 and made a part hereof Said Notice shall be signed by a 
Defendant official with the date of actual posting shown thereon. Should any Notice become 
defaced, marred or otherwise made unreadable, Defendant will ensure that a new readable copy 
of that Notice is posted in the same manner heretofore specified.
G. Length of Decree
This Decree shall remain in full force and effect for one (1) year subsequent to the date of 
its execution.
4. Both the EEOC and the Defendant shall bear their own costs, expenses, and 
attorney's fees incurred in connection with this action.
5. Following execution of this Decree, this case is dismissed and stricken from the 
docket.
-4-
The undersigned counsel of record in the above-captioned action hereby consent, on 
behalf of their respective clients, to the entry of the foregoing Consent Decree:
FOR PLAINTIFF:
ERIC S. DREIBAND 
General Counsel
JAMES L. LEE 
Deputy General Counsel
GWENDOLYN YOUNG REAMS 
Associate General Counsel
?. KIEL
FOR DEFENDANT:
LYNN F. JACOB 
LORIE N. HELMUTH 
Williams Mullen, P.C.
Counsel for Defendant, Quality Foods 
Cooperative, Inc.
CALDWELL 
ScnioLErial Attorney
Counsel for Plaintiff, Equal Employment Opportunity 
Commission
SO ORDERED THIS
/
DAY OF , 2004.
United States District Court Judge
-5-
EQUAL EMPLOYMENT 
OPPORTUNITY 
COMMISSION
NOTICE TO QUALITY FOODS EMPLOYEES
This Notice is being posted 
pursuant to an agreement 
entered between the Equal 
E m p lo y m en t O p p o rtu n ity  
Commission (EEOC) and Quality 
Foods Cooperative, Inc. to 
inform employees of their rights 
under the Americans with 
Disabilities Act of 1990, as 
am ended, and other laws 
enforced by the EEOC.
T he A m erica n s  w ith  
Disabilities Act (ADA) prohibits 
employment discrimination on 
the basis of disability.
The ADA states that it shall 
be an unlawful practice for an 
employer to discriminate against 
any qualified individual with a 
disability because o f that 
individual’s disability in regard 
to job application procedures, 
hiring, advancement, discharge, 
compensation, training, and 
other terms, conditions, and 
privileges of employment.
The term discrim inate  
includes:
(a) failure to make a 
reasonable accommodation to a 
known physical or mental 
limitation of an otherwise 
qualified individual with a 
disability who is an applicant or 
employee; and
(b) denying employment
opportunities to a job applicant or 
employee who is an otherwise 
qualified individual with a 
disability, where the denial is based 
on the need of an employer to make 
a reasonable accommodation to the 
physical or mental impairments of 
the employee or applicant.
A reasonable accommodation 
includes but is not limited to:
(i) making existing facilities 
used by em ployees readily  
accessible to and usable by 
individuals with disabilities; and
(ii) job restructuring, providing 
part-time or modified work 
schedule, reassignment to a vacant 
p o s i t io n ,  a c q u is i t i o n  or  
modification of equipment or 
devices, appropriate adjustment or 
modifications of examinations, 
training materials or policies, or 
the provision of qualified readers 
or interpreters.
In addition to the ADA, the 
EEOC is responsible for enforcing 
th ree  o th er  fe d e r a l a n t i­
discrimination statutes:
Title VII of the Civil Rights Act 
of 1964, as amended, prohibits 
employment discrimination based 
on sex, race, color, national origin, 
or religion and prohibits an 
employer from retaliating against 
any employee or applicant for 
opposition to discrim inatory  
employment practices or for having 
participated in any manner in an 
investigation, proceeding, or
hearing concerning unlawful 
discrimination under the Act.
The Equal Pay Act of 1963, 
as amended, which prohibits 
wage discrimination on the 
basis of sex;
The Age Discrimination in 
Employment Act of 1967, as 
amended, which prohibits 
discrimination based upon 
age for persons 40 years of 
age and older.
If you have a complaint of 
employment discrimination 
or questions regarding laws 
p roh ib itin g  em ploym ent 
discrimination, you may seek 
assistance from the Equal 
Employment Opportunity 
Commission. Office locations 
and general information may 
be obtained on the Internet at 
www.eeoc.gov or by calling 1­
8 0 0 - 6 6 9 - 4 0 0 0  ( T D D  
1-800-669-6820).
Q u a l i t y  F o o d s  
Cooperative, Inc. pledges its 
commitment to compliance 
w ith  a ll fed era l law s  
p roh ib itin g  em ploym ent 
discrimination.
Date Posted:
By:
(Representative) (Title)


Equal Employment Opportunity Commission, Plaintiff, v. Quality Foods Cooperative, Inc., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1264&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. Quality Foods Cooperative, Inc., Defendant.

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