Federal Judge Allows Class Action Discrimination Claim to Proceed
Posted on May 29, 2012 by Eugene Hollander
United States District Court Judge Ruben Castillo of the Northern District of Illinois recently ruled that a federal class action case against United Road Towing, Inc. could proceed though the EEOC, the federal agency vested with the authority to investigate discrimination claims against employers, may not have investigated each employee's claim. The case involves allegations that the company discriminated against its workers with its unpaid medical leave policy, that it denied them reasonable accomodations in accordance with the Americans With Disabilities Act
, and that it illegally refused to rehire them after they returned from leave. The case originally involved two plaintiffs. At that point, the EEOC invited the company to conciliate, or attempt to settle. The case did not resolve, and the EEOC added 17 more plaintiffs. The employer moved for summary judgment, arguing that the federal agency did not fulfill its administrative requirements regarding the 17 new plaintiffs before filing a lawsuit. The court denied the motion. The case will likely be litigated for some time before a resolution is reached.