Case: EEOC v. Browning-Ferris, Inc.

1:98-cv-03246 | U.S. District Court for the District of Maryland

Filed Date: Sept. 25, 1998

Closed Date: March 3, 2003

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Case Summary

In September 1998, the EEOC district office in Baltimore, Maryland brought this suit against Browning-Ferris, Inc., a waste removal firm, in the U.S. District Court for the District of Maryland. The suit alleged that the defendant violated the Americans with Disabilities Act (ADA) by terminating an employee because she suffered from Crohn's Disease, justifying the decision on the grounds that her exposure to different kinds of waste would worsen the disease, contrary to her doctor's assertions.…

The court granted the defendant's motion to dismiss, but the EEOC appealed this ruling, and the Court of Appeals reversed the lower court and remanded the case. After cross-motions for summary judgment were both denied, the parties settled and a consent decree was entered in March 2003.

In the consent decree, the parties agreed that the defendant would pay the charging party $194,000, post notice of employees' rights under the ADA, and refrain from discriminating on the basis of disability and from retaliating against the charging party.

Summary Authors

Jason Chester (7/9/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4288290/parties/eeoc-v-browning-ferris-inc/

Judge(s)

Garbis, Marvin J. (Maryland)

Attorney for Plaintiff

Kiel, Gerald S (Maryland)

Lawrence, Debra Michele (Maryland)

Attorney for Defendant

Dyke, C Todd (Maryland)

Gordon, David L. (Maryland)

Judge(s)

Garbis, Marvin J. (Maryland)

Attorney for Plaintiff

Kiel, Gerald S (Maryland)

Lawrence, Debra Michele (Maryland)

Shadoan, Arlene T (Maryland)

Attorney for Defendant

Dyke, C Todd (Maryland)

Gordon, David L. (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:98-cv-03246	Docket (PACER) EEOC v. Browning-Ferris, Inc	March 3, 2003	March 3, 2003 Docket
28 1:98-cv-03246	Memorandum and Order Equal Employment Opportunity Commission v. Browning-Ferris, Inc	Sept. 18, 2002	Sept. 18, 2002 Order/Opinion
1:98-cv-03246	Waste Management Company to Pay Nearly $200,000 for Disability Discrimination EEOC v. Browning-Ferris, Inc No Court	March 5, 2003	March 5, 2003 Press Release
1:98-cv-03246	EEOC Litigation Settlement Report - March 2003 No Court	April 21, 2003	April 21, 2003 Press Release

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4288290/eeoc-v-browning-ferris-inc/

Last updated March 21, 2026, 4:46 a.m.

ECF Number	Date	Description	Link
1	Sept. 25, 1998	DEMAND for jury trial by EEOC (mdd, Deputy Clerk) (Entered: 09/28/1998)	RECAP
2	Sept. 25, 1998	REQUEST FOR WAIVER of service as to Browning-Ferris, Inc 9/25/98. (mdd, Deputy Clerk) (Entered: 09/28/1998)	RECAP
3	Jan. 28, 1999	WAIVER OF SERVICE Returned Executed as to Browning-Ferris, Inc. 1/19/99; Answer due on 3/20/99 for Browning-Ferris, Inc. (mdd, Deputy Clerk) (Entered: 01/28/1999)	RECAP
4	Feb. 19, 1999	MOTION with memorandum in support by Browning-Ferris, Inc to Dismiss and exhibits a thru c. (c/s) (mdd, Deputy Clerk) (Entered: 02/22/1999)	RECAP
5	March 4, 1999	MEMORANDUM by EEOC in opposition to [4-1] motion of defendants to Dismiss. (c/s) (mdd, Deputy Clerk) (Entered: 03/04/1999)	RECAP
6	March 18, 1999	MEMORANDUM by Browning-Ferris, Inc in support of its [4-1] motion to Dismiss. (c/s) (mdd, Deputy Clerk) (Entered: 03/18/1999)	RECAP
7	July 6, 1999	MEMORANDUM AND ORDER granting [4-1] motion of Defendant to Dismiss under Rule 12 (b)(6). ( signed by Judge Marvin J. Garbis 7/2/99) (c/m 7/2/99-jw) (microfilmed 7/7/99) (mdd, Deputy Clerk) (Entered: 07/07/1999)	RECAP
8	July 6, 1999	JUDGMENT for Defendant Browning-Ferris, Inc against Defendant EEOC DISMISSING all claims with prejudice with costs; DIRECTING any and all prior claims against any parties are incorporated by reference herein; DIRECTING this order shall be deemed to be a final judgment within the meaning of Rule 58 of the FRCP. ( signed by Judge Marvin J. Garbis 7/2/99) (c/m 7/2/99-jw) (microfilmed 7/7/99) (mdd, Deputy Clerk) (Entered: 07/07/1999)	RECAP
9	Aug. 30, 1999	NOTICE OF APPEAL by EEOC. Fee Status: (Filing Fee Not Required) Appeal record due on 9/29/99 (c/s) (sls, Deputy Clerk) (Entered: 10/20/1999)	RECAP
10	Oct. 20, 1999	Certificate of Clerk certifying record as complete for appeal purposes for [9-1] appeal by EEOC (sls, Deputy Clerk) (Entered: 10/20/1999)	RECAP
11	Aug. 14, 2000	ANSWER to Complaint by Browning-Ferris, Inc. (c/s) (das, Deputy Clerk) (Entered: 08/18/2000)	RECAP
12	Sept. 25, 2000	JUDGMENT OF USCA (certified copy) VACATING AND REMANDING the judgment of the District Court. Re: [9-1] appeal by EEOC. (c/s) (bmh, Deputy Clerk) (Entered: 09/25/2000)	RECAP
13	Sept. 25, 2000	ORDER from the USCA AWARDING appellant $201.60 in costs. (c/s) (bmh, Deputy Clerk) (Entered: 09/25/2000)	RECAP
14	Jan. 2, 2001	ORDER granting [14-1] motion for David L. Gordon to Appear Pro Hac Vice ( signed by Judge Marvin J. Garbis 1/2/01) (c/i 1/2/01) (slf, Deputy Clerk) (Entered: 01/02/2001)	RECAP
15	Jan. 2, 2001	ORDER granting [15-1] motion for C. Todd Van Dyke to Appear Pro Hac Vice ( signed by Judge Marvin J. Garbis 1/2/01) (c/i 1/2/01) (fee paid receipt # 1172280) (hml, Deputy Clerk) (Entered: 05/09/2001)	RECAP
16	Feb. 1, 2001	ORDER SETTING dates for discovery deadlines and dispositive motions ( signed by Judge Marvin J. Garbis 2/1/01) (c/m 2/1/01 jw) (jnl, Deputy Clerk) (Entered: 02/02/2001)	RECAP
17	June 26, 2001	JOINT MOTION by Browning-Ferris, Inc, EEOC to Amend [16-1] order (hml, Deputy Clerk) (Entered: 06/26/2001)	RECAP
18	June 26, 2001	ORDER granting [17-1] joint motion to Amend [16-1] order as therein set forth ( signed by Judge Marvin J. Garbis 6/25/01) (c/m 6/26/01 jrw) (hml, Deputy Clerk) (Entered: 06/26/2001)	RECAP
19	Aug. 3, 2001	STIPULATION AND ORDER APPROVING defendant shall have through and including 8/29/01 to designate any expert witnesses ( signed by Judge Marvin J. Garbis 8/2/01) (c/m 8/3/01 jw) (jnl, Deputy Clerk) (Entered: 08/03/2001)	RECAP
20	Sept. 25, 2001	CONSENT ORDER directing the discovery period to end 10/19/01, dispositive motions due 11/27/01 ( signed by Judge Marvin J. Garbis 9/25/01) (c/i 9/25/01) (hml, Deputy Clerk) (Entered: 09/25/2001)	RECAP
21	Nov. 19, 2001	CONSENT ORDER DIRECTING plaintiff to file its summary judgment motion on or before 11/27/01, defendant to file its cross-motion for summary judgment on or before 12/31/01, plaintiff to file its opposition/reply on or before 1/18/02 and defendant to file its reply on or before 2/6/02 ( signed by Judge Marvin J. Garbis 11/19/01) (c/m 11/19/01 hl) (hml, Deputy Clerk) (Entered: 11/19/2001)	RECAP
22	Nov. 27, 2001	MOTION with memorandum in support by EEOC for Partial Summary Judgment and Exhibits 1-26 (Exhibits FILED SEPARATELY) (c/s) (hml, Deputy Clerk) (Entered: 11/27/2001)	RECAP
23	Dec. 31, 2001	CROSS-MOTION by Browning-Ferris, Inc for Summary Judgment and Exhibits 1-11 (c/s) (hml, Deputy Clerk) (Entered: 12/31/2001)	RECAP
24	Jan. 18, 2002	REPLY by EEOC to defendant's response to its [22-1] motion for Partial Summary Judgment and Exhibits 27-33 (c/s) (hml, Deputy Clerk) (Entered: 01/18/2002)	RECAP
25	Feb. 6, 2002	REPLY by Browning-Ferris, Inc in support of their [23-1] cross-motion for Summary Judgment and Attachment 1 (c/s) (jnl, Deputy Clerk) (Entered: 02/06/2002)	RECAP
26	July 22, 2002	SUPPLEMENTAL BRIEF by Browning-Ferris, Inc in support of its [23-1] motion for Summary Judgment (c/s) (hml, Deputy Clerk) (Entered: 07/22/2002)	RECAP
27	July 25, 2002	RESPONSE by EEOC to [26-1] supplemental brief in support by Browning-Ferris, Inc (c/s) (hml, Deputy Clerk) (Entered: 07/25/2002)	RECAP
28	Sept. 18, 2002	MEMORANDUM AND ORDER denying [23-1] motion of defendant for Summary Judgment, denying [22-1] motion of plaintiff for Partial Summary Judgment ( signed by Judge Marvin J. Garbis 9/17/02) (c/i 9/18/02) (jnl, Deputy Clerk) (Entered: 09/18/2002)	RECAP
29	Oct. 1, 2002	MOTION by Browning-Ferris, Inc for Reconsideration of [28-1] Memorandum and Order denying BFI's motion for summary judgment (c/s) (hml, Deputy Clerk) (Entered: 10/01/2002)	RECAP
30	Oct. 8, 2002	RESPONSE by EEOC in opposition to [29-1] motion for Reconsideration of [28-1] Memorandum and Order denying BFI's motion for summary judgment by Browning-Ferris, Inc and Attachment (c/s) (hml, Deputy Clerk) (Entered: 10/08/2002)	RECAP
31	Oct. 8, 2002	ORDER SETTING date for trial and other pretrial matters ( signed by Judge Marvin J. Garbis 10/8/02) (c/i 10/8/02) (hml, Deputy Clerk) (Entered: 10/08/2002)	RECAP
32	Jan. 3, 2003	MEMORANDUM AND ORDER denying [29-1] motion of defendant for Reconsideration of [28-1] Memorandum and Order denying motion for summary judgment ( signed by Judge Marvin J. Garbis 1/3/03) (c/i 1/6/03) (hml, Deputy Clerk) (Entered: 01/06/2003)	RECAP
33	Feb. 3, 2003	CONSENT ORDER DIRECTING parties have through and including 2/10/03 to file motions in limine, voir dire questions, a neutral summary and requested jury instructions ( signed by Judge Marvin J. Garbis ) (c/i 2/3/03) (jnl, Deputy Clerk) (Entered: 02/03/2003)	RECAP
34	March 3, 2003	CONSENT DECREE and approval. Signed by Judge Marvin J. Garbis on 3/3/03. (c/m 3/4/03)(hml, Deputy Clerk) (Entered: 03/04/2003)	RECAP

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Case Details

State / Territory:

Maryland

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 25, 1998

Closing Date: March 3, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Browning-Ferris, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

District of Maryland 1:98-cv-03246

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Amount Defendant Pays: 194000

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. Browning-Ferris, Inc., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/6230/ (last updated 7/9/2007).