IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts,
Defendant.

) ) ) ) ) CIVIL ACTION NO. 03-1347-WEB ) ) COMPLAINT ) ) ) ) JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended by the Pregnancy Discrimination Act ("PDA"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Debra Peres who was adversely affected by such practices. The Commission alleges that Defendant forced Debra Peres to take unpaid leave and then terminated her because she was pregnant in violation of Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a..

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Kansas.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, O'Reilly Automotive, Inc., has continuously been a Missouri corporation doing business in the State of Kansas and the City of McPherson, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Debra Peres filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 1, 2003, Defendant has engaged in unlawful employment practices at its McPherson, Kansas facility, in violation of Section 703(a)of Title VII, 42 U.S.C. § 2000e-2(a). Defendant forced Debra Peres to take unpaid leave and then terminated her because she was pregnant.
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8. The effect of the practices complained of in paragraph 7 above has been to deprive Debra Peres of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Debra Peres.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Debra Peres, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement.
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D. Order Defendant to make whole Debra Peres, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Debra Peres by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Debra Peres punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel /s/ Robert G. Johnson ROBERT G. JOHNSON
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Regional Attorney
/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7916
/s/ Andrea L. Taylor ANDREA TAYLOR KS Bar # 70422 Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Gateway Tower II, 9th Floor 4th and State Ave. Kansas City, MO 66101 (913) 551-5844
REQUEST FOR PLACE OF TRIAL
Plaintiff requests trial of the above case to be held in Wichita, Kansas.
/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney
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 </s> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
O'REILLY AUTOMOTIVE, INC. d/b/a O'Reilly Auto Parts,
Defendant.

) ) ) ) ) CIVIL ACTION NO. 03-1347-WEB ) ) ) ) ) )

CONSENT DECREE

Introduction

Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission") has

instituted this action alleging that O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts (hereinafter

"Defendant") discriminated against Debra Peres in violation of Title VII of the Civil Rights Act of l964

(hereinafter "Title VII") by involuntarily placing her on medical leave and terminating her because she

was pregnant. Defendant denies the Commission’s allegations.

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 Title VII 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. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or any executive order, law, rule or regulation dealing with or in connection with retaliation and/or sex discrimination in employment.
2. Defendant shall not discriminate against its employees with respect to hiring, promotion, firing, compensation, scheduling or other terms, conditions or privileges of employment on the basis of pregnancy and/or sex.
3. Defendant shall not discriminate or retaliate against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful under Title VII, (b) has participated in any investigation conducted under Title VII connected with or leading up to this lawsuit; (c) has participated in this lawsuit; or (d) has benefitted or will benefit in any way as a result of this Consent Decree.
II. Relief for Charging Party 4. Within thirty (30) days of the entry of this decree, Defendant shall forward to Debra Peres:
a.. A check in settlement of Ms. Peres’ disputed claim for lost wages and benefits, in the amount of fifteen thousand dollars ($15,000.00), less any deductions for the employee's portion of FICA and applicable federal and state income tax withholdings;
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b. A check in settlement of Ms. Peres’ disputed claim for compensatory damages in the amount of thirty-five thousand dollars ($35,000.00);
c. A statement itemizing the deductions made from the lost wages. 5. As a condition precedent to Defendant making the payments referred to in Paragraph 4 above, Ms. Peres shall execute a Release of claims against Defendant, beyond those raised in this lawsuit. Defendant agrees to reimburse Ms. Peres for up to $200 in attorney's fees so that she may consult a private attorney prior to signing the Release. 6. Defendant shall forward copies of the checks with the statement of deductions, referenced in paragraph 4 above, to the Regional Attorney, Equal Employment Opportunity Commission, 1222 Spruce, Room 8.100, St. Louis, Missouri 63103. 7. Within thirty (30) days of the entry of this Decree, Defendant will prepare a letter in the form shown in Exhibit A on appropriate O'Reilly Automotive, Inc. letterhead, and will make a signed copy of the resulting letter part of the permanent employment record of Debra Peres. Moreover, Defendant will send the original signed Exhibit A to Debra Peres. In the case of any inquiries by any prospective employers regarding Debra Peres, Defendant will limit its response to the information contained in this letter, which shall be available to the prospective employer and a copy provided, if requested.
III. Training 8. Within sixty (60) days after the entry of this Decree, Defendant shall issue the policies attached hereto as Exhibits C and D and to all of its managers and supervisors and, within one year after the date of this Decree, Defendant shall provide mandatory EEO training for all of its managers
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and supervisors. The content of this training shall include pregnancy and sex discrimination, and retaliation under Title VII of the Civil Rights Act. Defendant will submit its training materials for approval by the Regional Attorney of the EEOC's St. Louis District Office.
IV. Posting and Policies 10. Defendant shall post and cause to remain posted copies of the notice attached hereto as Exhibit B in each of its retail stores in a location publicly visible to all employees for a period extending from the date of entry of this Decree through the expiration of this Decree on December 31, 2006. 11. Within thirty (30) days of the entry of this Decree, Defendant shall cause the policies attached hereto as Exhibits C and D to be adopted and included in Defendant’s policy manual. Exhibits C and D also shall be made a part of the training referred to in Paragraph 8 above.
V. Reporting, Record-keeping, and Access 12. Within seventy-five (75) days of the entry of this Decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter indicating as follows:
a. That Exhibit A has been made a part of Debra Peres' permanent personnel file and a copy has been mailed to her;
b. That Exhibit B has been posted as required by Paragraph 10, above; c. That the policy dissemination required by Paragraph 8 above has been completed; and
d. That Exhibits C and D have been adopted as required by Paragraph 11 above. 13. Within six (6) months of the date of entry of this Decree and every 6 months thereafter
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for the duration of this Decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis Office, a report for the preceding six-month period listing the name of each female employee who took a pregnancy-related leave of absence, whether the leave of absence was voluntary or involuntary, date of termination, if applicable, and reason(s) for termination.
14. During the term of this Decree, Defendant shall allow representatives of the Commission to review Defendant's compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting their premises. Such review of compliance shall be initiated by written notice to the Defendant's attorney of record at least five (5) business days in advance of any inspection of a Defendant's documents or premises.
VI. Term and Effect of Decree 15. The term of this Decree shall be two (2) years. 16. 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. 17. This Decree shall be binding upon the parties hereto, their successors and assigns. Defendants shall affirmatively notify any purchasers of the obligations of this Consent Decree prior to any sale which may take place. 18. The Court shall retain jurisdiction of this cause for purposes of compliance and enforcement. 19. Each party shall bear its own costs.
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DATE:06/16/04
BY CONSENT: FOR DEFENDANT:

s/ Wesley E. Brown UNITED STATES DISTRICT JUDGE
FOR PLAINTIFF:

/s/ Larry M. Schumaker Larry M. Schumaker KS USDC #70450 10401 Holmes Rd., Suite 480 Kansas City, MO 64131 (816) 941-9994 (816) 941-8244 (Fax)

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney Equal Employment Opportunity Commission 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7916 (314) 539-7895 (Fax)

ANDREA TAYLOR KS Bar #704228 Senior Trial Attorney Equal Employment Opportunity Commission Gateway Tower II, 9th Floor 4th and State Ave. Kansas City, KS 66101
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(913) 551-5844 (913) 551-6957 (Fax)
EXHIBIT A LETTER OF REFERENCE
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(On Company Letterhead) To Whom it May Concern: Debra Peres was employed at O'Reilly Auto Parts in McPherson, Kansas in the position of Parts Specialist from August 8, 2001 until September 22, 2002 and in the position of Assistant Manager from September 22, 2002 until February 5, 2003. Her job performance was consistently good, her attendance was regular, and we wish her well. Sincerely, __________________________ Store Manager O'Reilly Auto Parts McPherson, Kansas
EXHIBIT B

NOTICE TO EMPLOYEES
(On Company letterhead)
Federal law prohibits discrimination against any employee or applicant for employment because of pregnancy. Applicants or employees who are pregnant may not be discriminated against with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment and they may not be placed on leave if they are able to perform all job functions and physical requirements of their jobs. Title VII also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of sex or because they have filed charges with the EEOC or participated in or cooperated with an EEOC investigation.
O'Reilly Automotive, Inc. is committed to complying with such Federal law in all respects and will not discriminate against applicants and employees because they are pregnant and will not take any action against employees because they have exercised their rights under the law.

Date

Vice-President, Human Resources

EXHIBIT C
PREGNANCY POLICY
Applicants and employees who are pregnant when they apply for employment or who become pregnant while employed by O'Reilly Automotive, Inc. will be not be discriminated against with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment and they will not be placed on medical leave if they are able to perform the physical requirements of their job. In the event a pregnancy-related medical restriction impacts an applicant or employee’s ability to perform certain job functions, it will be treated in the same way as other non-work-related illnesses or conditions..

EXHIBIT D
WORK RESTRICTIONS DUE TO NON-WORK-RELATED MEDICAL CONDITIONS (INCLUDING OFF-THE-JOB INJURY OR ILLNESS OR PREGNANCY)
Team members may on occasion sustain a non-work-related injury or illness that results in a limitation of their ability to perform certain functions of their job. As a general rule, employees must be able to perform their job functions and the physical requirements of their jobs or else they will need to take time off from work.
If a team member brings in a medical restriction from his or her doctor, this information should be communicated immediately to Corporate Team Member Relations.
Likewise, Corporate Team Member Relations should be notified as soon as possible if a store manager, district manager, distribution center supervisor, or another member of management has reason to believe that a team member is limited in his or her ability to perform his or her job. In turn, Corporate Team Member Relations will assist store/distribution center management in reviewing the situation on a case-bycase basis to determine whether the team member is able to perform all job functions and physical requirements despite his or her restriction, or whether the team member will need to be placed in a leaveof-absence status, or whether it is acceptable to accommodate the team member’s restriction on a shortterm basis.
Unless the arrangement has been reviewed and approved by Corporate Team Member Relations,store management is not authorizedto permit a team memberto continue working with medical restrictions that interfere with the performance of his or her job.
The policy and process described above applies to all situations involving non-work-related injuries or illnesses. It also applies to pregnancy, childbirth, and related medical conditions, which are to be treated in the same way as other non-work-related illnesses or conditions.

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CLOSED, DISC, MEDIATION, PROTO
U.S. District Court District of Kansas (Wichita) CIVIL DOCKET FOR CASE #: 6:03-cv-01347-WEB-DWB

Equal Employment Opportunity Commission v. O'Reilly Automotive Inc Assigned to: Senior Judge Wesley E. Brown Referred to: Magistrate Donald W. Bostwick Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2003 Date Terminated: 06/17/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea L. Taylor Office of United States Attorney -- Kansas City 500 State Avenue, Suite 360 Kansas City, KS 66101 913-551-6730 Fax: 913-551-6541 Email: andrea.taylor@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Barbara A. Seely Equal Employment Opportunity Commission- St Louis Robert A. Young Federal Bldg. 1222 Spruce - Room 8.100 St. Louis, MO 63103 314-539-7916 Fax: 314-539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G Johnson Equal Employment Opportunity Commission- St Louis Robert A. Young Federal Bldg. 1222 Spruce - Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V.
Defendant
O'Reilly Automotive Inc doing business as O'Reilly Auto Parts

represented by Larry M. Schumaker Schumaker Center for Employment Law, P.C. 10401 Holmes Rd Ste 480 Kansas City, MO 64131 816-941-9994 Fax: 816-941-8244 Email: larryschumaker@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 11/17/2003 11/19/2003 12/01/2003 12/05/2003
12/31/2003 12/31/2003 01/02/2004 01/13/2004

#

Docket Text

1 COMPLAINT with jury demand and trial location of Wichita, Kansas, filed by Equal Employment Opportunity Commission. No summons issued.(vlw) (Entered: 09/30/2003)
2 MOTION for attorney Barbara A. Seely to appear pro hac vice by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Affidavit Barbara A. Seely)(Taylor, Andrea) (Entered: 11/17/2003)
3 ORDER granting 2 Motion to Appear Pro Hac Vice for Barbara A Seely for Equal Employment Opportunity Commission. Signed by Judge Donald W. Bostwick on 11/19/2003. (Bostwick) (Entered: 11/19/2003)
4 ANSWER to Complaint by O'Reilly Automotive Inc.(Schumaker, Larry) (Entered: 12/01/2003)
5 ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/13/2004 at 10:00 AM before Magistrate Donald W. Bostwick. The conference will be by telephone. Report of Parties Planning Meeting deadline 1/8/2004. Signed by Judge Donald W. Bostwick on 12/04/03. (aw) (Entered: 12/05/2003)
6 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's First Interrogatories to Defendant (Taylor, Andrea) (Entered: 12/31/2003)
7 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's First Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 12/31/2003)
8 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant's First Set of Interrogatories to Plaintiff and Request for Production of Documents to Plaintiff (Schumaker, Larry) (Entered: 01/02/2004)
9 SCHEDULING ORDER: Discovery deadline 5/31/2004. Dispositive motion deadline set for 8/2/2004. Mediation deadline 4/1/2004. Proposed Pretrial Order

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01/13/2004
01/13/2004 01/13/2004 01/15/2004 01/15/2004 01/16/2004
01/21/2004 01/21/2004 01/23/2004 01/30/2004 01/30/2004 01/30/2004 01/30/2004

due by 7/8/2004. Final Pretrial Conference set for 7/15/2004 at 01:30 PM before Magistrate Donald W. Bostwick. See Order for details. Signed by Judge Donald W. Bostwick on 1/13/2004. (Bostwick) (Entered: 01/13/2004)
Minute Entry for proceedings held before Judge Donald W. Bostwick : Scheduling Conference held on 1/13/2004. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Bostwick) (Entered: 01/13/2004)
10 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Certificate Of Service Of Plaintiff's Second Interrogatories (Taylor, Andrea) (Entered: 01/13/2004)
11 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Certificate Of Service Of Plaintiff's Second RFP (Taylor, Andrea) (Entered: 01/13/2004)
12 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding defendant's Initial Disclosure Statement (Schumaker, Larry) (Entered: 01/15/2004)
13 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Of Plaintiff's Rule 26 Disclosures (Taylor, Andrea) (Entered: 01/15/2004)
14 JOINT MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission and Defendant O'Reilly Automotive Inc (Attachments: #(1) Stipulated Protective Order)(Taylor, Andrea) Modified on 1/22/2004 to show this was joint motion and title of attachment(vlw). (Entered: 01/16/2004)
15 ORDER granting 14 Motion for Protective Order . Signed by Judge Donald W. Bostwick on 1/21/2004. (Bostwick) (Entered: 01/21/2004)
16 NOTICE OF ENDORSEMENT by O'Reilly Automotive Inc regarding Joint Motion for Entry of Stipulated Protective Order (Schumaker, Larry) (Entered: 01/21/2004)
17 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc fowarding Defendant's Amended Initial Disclosure Statement. (Schumaker, Larry) (Entered: 01/23/2004)
18 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Answers and Objections to Defendant's First Interrogatories to Plaintiff. (Taylor, Andrea) (Entered: 01/30/2004)
19 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Responses and Objections to Defendant's RFP. (Taylor, Andrea) (Entered: 01/30/2004)
20 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's First Amended Rule 26 Disclosures. (Taylor, Andrea) (Entered: 01/30/2004)
21 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Rule 26 Disclosure Log. (Taylor, Andrea) (Entered: 01/30/2004)

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02/02/2004
02/09/2004 02/10/2004 02/17/2004
02/18/2004 02/19/2004
03/01/2004 03/03/2004 03/03/2004 03/08/2004 03/18/2004 03/18/2004

22 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Answers to Plaintiff EEOC's First Interrogatories to Defendant and Defendant O'Reilly Automotive Inc.'s Responses to Plaintiff's First Request for Production of Documents. (Schumaker, Larry) (Entered: 02/02/2004)
23 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's Third Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 02/09/2004)
24 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Notice of Depositions (Taylor, Andrea) (Entered: 02/10/2004)
25 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Answers to Plaintiff EEOC's Second Interrogatories to Defendant and Defendant O'Reilly Automotive Inc.'s Responses to Plaintiff's Second Request for Production of Documents. (Schumaker, Larry) (Entered: 02/17/2004)
26 NOTICE by Defendant O'Reilly Automotive Inc of taking deposition of Debra Peres on February 24, 2004 (Schumaker, Larry) (Entered: 02/18/2004)
27 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Supplemental Answers to Plaintiff EEOC's First Interrogatories to Defendant and Defendant O'Reilly Automotive, Inc.'s Supplemental Responses to Plaintiff's First Request for Production of Documents. (Schumaker, Larry) (Entered: 02/19/2004)
28 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Fourth Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 03/01/2004)
29 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's First Supplemental Answers and Objections to Defendant's First Set of Interrogatories to Plaintiff (Taylor, Andrea) (Entered: 03/03/2004)
30 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Second Amended Initial Disclosures (Taylor, Andrea) (Entered: 03/03/2004)
31 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive Inc.'s Responses to Plaintiff's Third Request for Production of Documents to Defendant. (Schumaker, Larry) (Entered: 03/08/2004)
32 MOTION to Compel Answers to Plaintiff's Second Interrogatories by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Plaintiff's Seond Interrogatories to Defendant# 2 Exhibit Defendant's Answers to Plaintiff's Second Interrogatories)(Taylor, Andrea) (Entered: 03/18/2004)
33 MEMORANDUM IN SUPPORT of 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 03/18/2004)

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03/19/2004
03/22/2004 04/01/2004
04/06/2004 04/06/2004 04/15/2004 04/16/2004 04/16/2004 04/20/2004 04/20/2004 06/17/2004

34 EXHIBIT(S) IN SUPPORT of 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories by Plaintiff Equal Employment Opportunity Commission (Attachments: # (1) Exhibit O'Reilly Interoffice Memorandum with Attachments (FILED UNDER SEAL); # 2 Exhibit Deposition of Ronald Papay)(Taylor, Andrea) Modified on 4/6/2004 to show ATTACHMENT #1 FILED UNDER SEAL pursuant to Court's Order of 4/6/04 (vlw). (Entered: 03/19/2004)
35 MOTION to Seal Document 34 Exhibits in Support of Motion, (Only Exhibit 1 O'Reilly Automotive Interoffice Memorandum with attachments) by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 03/22/2004)
36 MEMORANDUM in Opposition by Defendant O'Reilly Automotive Inc re 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories (Defendant O'Reilly Automotive, Inc.'s Suggestions in Opposition to Plaintiff's Motion to Compel) (Attachments: # 1 Affidavit Morgan)(Schumaker, Larry) (Entered: 04/01/2004)
37 REPLY to Response to Motion by Plaintiff Equal Employment Opportunity Commission re: 32 MOTION to Compel Answers to Plaintiff's Second Interrogatories Plaintiff's Reply To Defendant's Suggestions In Opposition To Plaintiff's Motion To Compel (Taylor, Andrea) (Entered: 04/06/2004)
38 ORDER granting 35 Plaintiff's Motion to Seal Exhibit 1 attached to Document 34 Exhibits in Support of Motion. Signed by Judge Donald W. Bostwick on 4/06/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Bostwick) (Entered: 04/06/2004)
39 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's First Request for Admissions to Defendant (Taylor, Andrea) (Entered: 04/15/2004)
40 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Second Request for Admissions to Defendant (Taylor, Andrea) (Entered: 04/16/2004)
41 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Responses to Plaintiff's Fourth Request for Production of Documents to Defendant. (Schumaker, Larry) (Entered: 04/16/2004)
42 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant O'Reilly Automotive, Inc.'s Second Supplemental Answers to Plaintiff EEOC's First Interrogatories to Defendant. (Schumaker, Larry) (Entered: 04/20/2004)
43 CERTIFICATE OF SERVICE by O'Reilly Automotive Inc forwarding Defendant's Supplemental Disclosure Statement. (Schumaker, Larry) (Entered: 04/20/2004)
44 CONSENT DECREE. Signed by Judge Wesley E. Brown on 6/16/04. Case closed.(vlw) (Entered: 06/17/2004)

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 </s> EEOC LITIGATION SETTLEMENT REPORT - June 2004

http://www.eeoc.gov/litigation/settlements/settlement06-04.html

EEOC v. O'Reilly Automotive, Inc., dba O'Reilly Auto Parts No. 03-1347-WEB (D. Kan. June 16, 2004)
The St. Louis District Office brought this Title VII/PDA case alleging that one of the nation's largest specialty retailers of automotive aftermarket parts, tools, and supplies discharged charging party, an assistant manager at an autoparts store, because she was pregnant. CP's doctor had imposed a 30-pound lifting restriction, and although the store manager and district manager agreed that CP could continue working despite the restriction, defendant's Human Resources staff in its Springfield, Missouri headquarters decided she could not work. After CP exhausted her leave under the Family & Medical Leave Act, she was terminated since she was still pregnant and had lifting restrictions. Defendant had permitted other employees with temporary medical conditions to work even though they had lifting restrictions. Under a two-year consent decree, defendant is required to pay CP $15,000 in lost wages and benefits and $35,000 in compensatory damages, and to provide her with a positive letter of reference. The decree also prohibits defendant from discriminating against its employees on the basis of pregnancy or gender. Defendant must make periodic reports providing details about each female employee who takes a pregnancy-related leave of absence, including whether the leave was voluntary or involuntary, whether the employee was terminated, and, if applicable, the reasons for termination.

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[CONTENT] September 30, 2003 | the Equal Employment Opportunity Commission | EEOC | the Wichita U.S. District Court | Kansas | O'Reilly Automotive, Inc. | O'Reilly Auto Parts ||| EEOC | O'Reilly Automotive | Title VII of the Civil Rights Act | 1964 | the Pregnancy Discrimination Act | 30-pound ||| EEOC ||| Court | Wesley E. Brown | June 17, 2004 ||| 2-year | 50,000 | 15,000 | 35,000 ||| up to $200 ||| O'Reilly Automotive | EEOC | every 6 months |||  |||  [SUMMARY] On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed suit in the Wichita U.S. District Court for the District of Kansas against O'Reilly Automotive, Inc., (doing business as O'Reilly Auto Parts) on behalf of a female employee. According to the EEOC, O'Reilly Automotive violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, by forcing the pregnant employee, an assistant manager whose doctor had imposed a 30-pound lifting restriction, to take unpaid leave and subsequently firing her. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy reform, backpay, reinstatement, medical expenses, compensation for emotional harm, and punitive damages.

The parties reached a settlement, which the Court (Judge Wesley E. Brown) entered as a consent decree on June 17, 2004. The 2-year decree provided $50,000 in monetary relief ($15,000 in lost wages and $35,000 in compensatory damages), subject to execution of a release of claims. The decree also provided for up to $200 for the employee to consult an attorney before signing the release. Under the injunctive provisions of the decree, O'Reilly Automotive was required to provide a positive reference, to adopt and distribute anti-pregnancy-discrimination policies to managers and supervisors, to provide equal employment training to all managers and supervisors, to post a pregnancy discrimination notice, and to report to the EEOC every 6 months about employees who took pregnancy-related leave, including whether the leave was voluntary, whether the employee was terminated, and why. The parties bore their own costs. No further court activity appears on the docket and the case is now closed.