Darrah, Judge John W.

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ADAAA Case Repository Labor and Employment Law Program 
4-14-2004 
Equal Employment Opportunity Commission, Plaintiff, v. United 
Air Lines., d/b/a United Air Lines, Defendant. 
Judge John W. Darrah 
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Equal Employment Opportunity Commission, Plaintiff, v. United Air Lines., d/b/a 
United Air Lines, Defendant. 
Keywords 
Equal Employment Opportunity Commission, United Air Lines., 1:03-cv-00812, Consent decree / 
Settlement, Disparate Treatment, Failure to Accommodate, Retaliation, Aerospace, Employment Law, 
ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/277 
United States District Court, Northern District of Illinois
l^inutc Orda^Form (06/97)
N a m e  o f  A ss ig n e d  J u d g e  
o r  M a g is t r a te  J u d g e
John W. Darrah S it t in g  J u d g e  i f  O th e r  
th a n  A ss ig n e d  J u d g e
CASE NUMBER 03 C 812 DATE 4/14/2004
CASE EEOC vs. United Air Lines, Inc.
TITLE
MOTION:
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature 
of the motion being presented.]
DOCKET ENTRY:
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Filed motion o f [ use listing in “Motion” box above.]
Brief in support o f  motion due______ .
Answer brief to motion due______. Reply to answer brief due______ .
Ruling/Hearing on______ set for_______ at_______ .
Status hearing [held/continued to] [set for/re-set for] on______ set for at
Pretrial confercnce[hcld/continued to] [set for/re-set for] o n .
Trialfset for/re-set for] o n ______ a t_______ .
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set for at
[Bench/Jury trial] [Hearing] held/continued to
This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
□  FRCP4(m) □  Local Rule 41.1 □  FRCP41(a)(1) □  FRCP41(a)(2).
[Other docket entry] Joint motion for entry of consent decree is granted. Enter Consent Decree.
(1 1 )  □  [For further detail see order (on reverse side of/attached to) the original minute order.]
No notices required, advised in open court. Document:
Number
No notices required.
n u m b e r  o f  n o t i c e s
Notices mailed by judge’s staff.
A P R  1  5  2 0 0 4
date docketedNotified counsel by telephone.
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d o c k e t i n g  d e p u t y  in i l ia l s
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Mail AO 450 form.
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Copy to judge/magistrate judge.
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courtroom '/  j |
deputy’s
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central Clerk's Office m o il in g  d e p u t y  in i l ia l s
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
)
Plaintiff, )
)
v. ) Case No. 03 C 0812
)
UNITED AIR LINES, INC., d/b/a UNITED ) Judge Darrah
AIRLINES, )
Defendant ) DOCKETED
CONSENT DECREE APR 1  5 2004
THE LITIGATION
Plaintiff Equal Employment Opportunity Commission (“EEOC”) filed this action 
alleging that Defendant United Airlines, Inc. (“United Airlines” or “Defendant”) violated Title I 
of the Americans with Disabilities Act of 1990 (the “ADA”), 42 U.S.C. § 12101 et seq. The 
EEOC seeks relief for Joanne Plurad (“Ms. Plurad” or the “Charging Party”), who filed a charge 
of discrimination.
In the interest of resolving this matter, and as a result of comprehensive settlement 
negotiations, the parties have agreed that this action should be finally resolved by entry of this 
Consent Decree. This Consent Decree fully and finally resolves any and all issues and claims 
arising out of the Charge of Discrimination filed by Ms. Plurad (EEOC Charge No. 210A11064) 
and the Complaint filed by the EEOC in this action.
On December 9,2002, United Airlines and several affiliated companies (UAL 
CORPORATION, et al.) (the “Debtors”) filed petitions for relief pursuant to Chapter 11 of 
Title II of the United States Code (the “Bankruptcy Code”). These cases are being jointly
I
CHI 10635501.2
administered under Case No. 02-48191 through 02-48218 before the Honorable Judge Eugene R. 
Wedoff in the Bankruptcy Court in the Northern District of Illinois (the “Bankruptcy Case”).
FINDINGS
Having carefully examined the terms and provisions of this Decree, and based on the 
pleadings, records and stipulations of the parties, the Court finds the following:
A. This Court has jurisdiction of the subject matter of this action and of the parties.
B. The terms of this Decree are adequate, fair and reasonable. The rights of the 
parties and the public interest are adequately protected by this Decree.
C. This Decree conforms with the Federal Rules of Civil Procedure and the ADA 
and is not in derogation of the rights or privileges of any person. The entry of this Decree will 
further the objectives of the ADA and will be in the best interests of the parties, the Charging 
Party, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
DURATION OF DECREE AND RETENTION OF JURISDICTION
1. Unless otherwise noted, all provisions of this Decree shall be in effect (and the 
Court shall retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years 
from the date the Court enters the Decree (hereinafter the “effective date”), provided, however, 
that if, at the end of the two (2) year period, any disputes under Paragraph 12 below remain 
unresolved, the term of the Decree shall be automatically extended (and the Court will retain 
jurisdiction of this matter) solely for the purpose of resolving all such disputes and the term shall 
terminate after all disputes have been resolved.
INJUNCTION AGAINST DISABILITY DISCRIMINATION
2. For a period of two (2) years following the effective date of this Decree, United 
Airlines and its officers, agents, management (including supervisory employees), successors,
CHI 10635501.2
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assigns, and all persons acting in concert with them shall not: (i) discriminate against United 
Airlines employees/applicants for employment with the Chicago O’Hare Airport Operations 
Division on the basis of their disability related to multiple sclerosis or diabetes; or (ii) fail to 
make a reasonable accommodation for any qualified employee or qualified employee/applicant 
with the Chicago O’Hare Airport Operations Division, with a disability related to diabetes or 
multiple sclerosis, in violation of the ADA. Chicago O’Hare Airport Operations Division 
includes employees in Ramp Service, Cabin Service and Customer Service Representatives at 
the Chicago O’Hare facility.
United Airlines’ obligations under this injunction are no greater than those required under 
the ADA or any other comparable state or local law, or ordinance prohibiting disability 
discrimination.
The EEOC’s ability to seek a contempt order under this Paragraph shall be no greater 
than its statutory rights conferred by the ADA and/or Title VII, nor shall it relieve the EEOC of 
its statutory obligations under the enforcement provisions of the ADA or Title VII.
EFFECT OF DECREE
3. This Consent Decree shall not constitute an admission by any party as to the 
claims or defenses of another party.
SETTLEMENT OF CLAIMS
4. Ms. Plurad will be allowed a noncontingent, general, unsecured prepetition claim 
in the gross amount of $200,000.00 on account of any damages arising out of this action (less 
applicable withholding for the employee’s share of federal, state and local taxes and other 
applicable deductions as required by law). United Airlines will direct its official Notice and 
Claims Agent to docket a noncontingent, liquidated, undisputed, general unsecured prepetition 
claim in the amount of $200,000.00 in favor of Ms. Plurad and to expunge Ms. Plurad’s Proof of
CHI 10635501.2
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a c ­
claim  and the EEOC’s Proof of Claim filed on Ms. Plurad’s behalf (identified in the Bankruptcy 
Case as Claims No. 37501 and No. 37311), as well as any other Proof of Claims filed by Ms. 
Plurad or on Ms. Plurad’s behalf. Ms. Plurad and the EEOC acknowledge that any distribution 
on account of such claim will be made only pursuant to a confirmed plan of reorganization in the 
Bankruptcy Case. Such claim shall not enjoy any type of statutory or administrative priority 
over any other general, unsecured, prepetition claim in the Bankruptcy Case.
5. The Debtors shall duly file a motion (the “9019 Motion”) with the Bankruptcy 
Court pursuant to Federal Rule of Bankruptcy Procedure 9019 for approval of this Consent 
Decree. In the absence of any objection filed and served within twenty (20) days after the filing 
of the 9019 Motion, the Debtors will submit a Certificate of No Objection so that the Bankruptcy 
Court may enter the order (the “9019 Order”) approving the 9019 Motion. After the Bankruptcy 
Court enters the 9019 Order, the Debtors may execute and consummate the Consent Decree, and 
said Consent Decree will be binding on them and their estate without any further action by the 
Bankruptcy Court. If an objection is raised within the 20-day notice period and ultimately is 
resolved in the Debtors’ favor, the Consent Decree will become effective upon entry of a court 
order denying the objection. If an objection is raised within the 20-day notice period and 
ultimately is resolved in favor of the objector, the Consent Decree shall be deemed to have been 
void ab initio.
EMPLOYMENT STATUS OF MS. PLURAD
6. United Airlines agrees to keep Ms. Plurad on Extended Illness Status until 
May 28, 2006 at which time she will be eligible to retire under Section 11.17.2 of the Collective 
Bargaining Agreement. Ms. Plurad agrees that she will retire at that time.
CHI 10635501.2
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POSTING OF NOTICE
ittm
7. Within ten (10) business days after the effective date of this Decree, United 
Airlines shall post copies of the Notice attached as Exhibit B to this Decree on the bulletin 
boards at its Chicago O’Hare facility, which are usually used by United Airlines for 
communicating with United Airlines O’Hare Airport Operations employees. The Notice shall 
remain posted for two (2) years from the effective date of this Decree. United Airlines shall take 
all reasonable steps to ensure that the posting is not altered, defaced or covered by any other 
material. United Airlines shall certify to the EEOC in writing within ten (10) business days after 
entry of the Decree that the Notice has been properly posted. United Airlines shall permit a 
representative of the EEOC to enter United Airlines’ premises for purpose of verifying 
compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING
8. For a period of two (2) years from the effective date of this Decree, United 
Airlines shall maintain all records concerning its implementation of this Consent Decree. United 
Airlines shall also maintain records of complaints of disability discrimination and failure to 
accommodate from employees or applicants for employment with Chicago O’Hare Airport 
Operations, made to Personnel Administrative Supervisors, Human Resources with 
responsibility for O’Hare Airport Operations, the Legal Department, United’s toll-free Business 
Conduct Line, and to Corporate Diversity. The records shall include United Airlines’ 
investigation of such complaints and any response or action taken as a result of the complaints.
REPORTING
9. United Airlines shall furnish to the EEOC the following written reports every six 
(6) months for a period of two (2) years following the effective date of the Decree. The first
CHI 10635501.2
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report shall be due six (6) months after effective date of the Decree. Each such report shall 
contain:
a. A summary of the information recorded by United Airlines pursuant to
Paragraph 8;
b. A certification by United Airlines that the Notice required to be posted 
pursuant to Paragraph 7 remained posted during the entire six (6) month period preceding the 
report;
c. A certification that United Airlines’ Chicago O’Hare Airport employees 
have received the training required pursuant to Paragraph 11, a list of the employee job 
classifications that have received such training, and the dates on which they received such 
training.
DISTRIBUTION OF POLICY 
AGAINST DISABILITY DISCRIMINATION
10. United Airlines will redistribute its policy against disability discrimination, in the 
manner it normally distributes its personnel policies, within thirty (30) days of entry of this 
Decree. The policy shall, at a minimum:
a. Specifically prohibit discrimination on the basis of disability against 
United Airlines employees and applicants for employment.
b. Provide that employees are entitled to a reasonable accommodation of 
their qualifying disability in accordance with the terms of the ADA.
c. Provide that complaints of disability discrimination will be investigated 
thoroughly and promptly.
CHI 10635501.2
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d. Provide that United Airlines employees who violate the policy with 
respect to qualifying employees and applicants for employment are subject to discipline up to 
and including discharge.
TRAINING
11. All United Airlines supervisors and managers at the Chicago O’Hare facility 
working in Airport Operations, including Human Resources personnel, shall participate in a 
training session by a United in-house or outside attorney, or a trainer paid for by United Airlines 
regarding the requirements of the ADA. United Airlines shall submit to EEOC the materials 
used in, relied upon or distributed in the training session, forty-five (45) days prior to such 
training. EEOC will respond to United Airlines, in writing, within ten (10) days of receipt of the 
training materials. The training shall begin within sixty (60) days of effective date of this Decree 
and shall be completed within twelve (12) months of the effective date of this Decree. United 
Airlines’ policy, as referenced in Paragraph 10, shall be distributed at the training session(s).
DISPUTE RESOLUTION
12. In the event that either party to this Decree believes, in good faith, that the other 
party has failed to comply with any provision(s) of the Decree, the complaining party shall notify 
the other party of the alleged non-compliance and shall afford the alleged non-complying party 
(10) business days to remedy the non-compliance or to satisfy the complaining party that the 
alleged non-complying party has complied. If the alleged non-complying party has not remedied 
the alleged non-compliance or satisfied the complaining party that it has complied within ten 
(10) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS
13. Each party to this Decree shall bear its own expenses and costs. The EEOC and 
United Airlines shall bear their own attorney’s fees.
CHI 10635501.2
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14. The terms of this Decree are and shall be binding upon the present and future
representatives, agents, directors, officers, assigns, and successors of all parties.
15. When this Consent Decree requires the submission by United Airlines of reports, 
certifications, notices, or other materials to the EEOC, they shall be mailed to: United Airlines 
ADA I Settlement, Equal Employment Opportunity Commission, 500 West Madison Street, 
Suite 2800, Chicago, Illinois 60661. When this Decree requires submission by the EEOC of 
materials to United Airlines, they shall be mailed to: Vania Montero Wit, United Airlines, 
WHQLD, 1200 East Algonquin Road, Elk Grove Village, Illinois 60007.
16. In the event of a catastrophic event, United Airlines may petition the Court for 
relief from or suspension of the Consent Decree.
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ENTERED AND APPROVED FOR:
Equal Employment Opportunity 
Commission
ERIC S. DREIBAND 
General Counsel
United Airlines, Inc.
Y W c u ^ C c —
JAMES LEE 
Deputy General Counsel
EQUAL EMPLOYMENT
Diane Smason 
Supervisory Trial Attorney
G4 LJ/jm*-.
Pamela S. Moore-Gibbs 
Trial Attorney
Equal Employment Opportunity 
Commission 
Chicago District Office 
500 West Madison Street 
Suite 2800
Chicago, Illinois 60661 
(312) 886-9120
ENTER:
CHI 10635501.2
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EXHIBIT B
NOTICE TO ALL UNITED AIRLINES EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by 
the federal court in EEOC v. United Airlines, Inc., Case No. 03 C 0812, resolving a 
lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”) against 
United Airlines. In its suit, the EEOC alleged that United Airlines discriminated 
against an employee on the basis of her disability.
To resolve the case, United Airlines and the EEOC have entered into a 
Consent Decree which provides, among other things, that: 1) United Airlines will 
provide a claim for monetary damages to the United Airlines employee; 2) United 
Airlines will not discriminate against any employee on the basis of disability which 
is the result of either diabetes or multiple sclerosis; or fail to make a reasonable 
accommodation for any qualified employee or qualified applicant in O’Hare Airport 
Operations with a disability, which is the result of either diabetes or multiple 
sclerosis, in violation of the ADA; and 3) United Airlines will comply with various 
reporting and record keeping requirements for two (2) years.
The EEOC enforces the federal laws against discrimination in 
employment on the basis of race, color, religion, national origin, sex, age or 
disability. If you believe you have been discriminated against, you may follow 
the complaint procedure in United Airlines’ non-discrimination and anti-harassment 
policy and you may contact the EEOC at (312) 353-2713. The EEOC charges no 
fees and has a TTD number.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the 
date below and must not be altered, defaced of covered 
by any other material. Any questions about this Notice 
or compliance with its terms may be directed to:
CHI 10635501.2


Equal Employment Opportunity Commission, Plaintiff, v. United Air Lines., d/b/a United Air Lines, Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1276&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. United Air Lines., d/b/a United Air Lines, Defendant.

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