Equal Employment Opportunity Commission v. Old Dominion Freight Line, Inc.

Filing 318

ORDER and FINAL JUDGMENT as set forth denying 288 Motion for Judgment as a Matter of Law; granting 290 Motion to Alter Judgment ; denying 292 Motion to Alter Judgment and denying 294 Motion for New Trial; further EEOC's request for costs as itemized in its amended Bill of Costs is granted in the total amount of $5,438.16 as set forth. Signed by Honorable Timothy L. Brooks on June 24, 2015. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
v.

PLAINTIFF

CASE NO.: 2:11-CV-02153

OLD DOMINION FREIGHT LINE, INC.

DEFENDANT

ORDER AND FINAL JUDGMENT
The Court previously entered judgment (Doc. 284) in favor of Plaintiff Equal
Employment Opportunity Commission (“EEOC”) in the amount of $119,612.97 for its claim
brought on behalf of Mr. Charles Grams (“Grams”). This award was made pursuant to a
jury verdict returned on January 15, 2014 (Doc. 281). The parties then filed the following
post-trial motions, responses, and supporting documents:
(1) the EEOC’s Motion for Reinstatement or Front Pay, Injunctive Relief, and
Prejudgment Interest (Doc. 290) and brief in support (Doc. 291); Old Dominion Freight
Line, Inc.’s (“Old Dominion”) Response in Opposition (Doc. 307); and the EEOC’s Reply
(Doc. 316);
(2) Old Dominion’s Renewed Motion for Judgment as a Matter of Law Pursuant to
Rule 50 (Doc. 288) and brief in support (Doc. 289); the EEOC’s Response in Opposition
(Doc. 301) and brief in support (Doc. 302); and Old Dominion’s Reply (Doc. 314);
(3) Old Dominion’s Motion for a New Trial Pursuant to Rule 59(a) (Doc. 294) and
brief in support (Doc. 296); the EEOC’s Response in Opposition (Doc. 308) and brief in
support (Doc. 309); and Old Dominion’s Reply (Doc. 315);

(4) Old Dominion’s Motion for Remittur (Doc. 292) and brief in support (Doc. 293);
the EEOC’s Response in Opposition (Doc. 305); and Old Dominion’s Reply (Doc. 313); and
(5) the EEOC’s Bill of Costs (Doc. 286), Old Dominion’s Objections (Doc. 297), and
the EEOC’s Response (Doc. 303) and brief in support (Doc. 304).
For the reasons set forth in the Court’s Memorandum Opinion accompanying this
Order, the Court FINDS AND ORDERS as follows:
(1) The EEOC’s Motion for Reinstatement or Front Pay, Injunctive Relief, and
Prejudgment Interest (Doc. 290) is GRANTED. Charles Grams is ordered REINSTATED
as a commercial truck driver for Old Dominion, with full salary and benefits, with such
reinstatement to occur within 30 days of the file date of this Order. Grams will not be
required to complete the SAP’s 2009 recommended treatment program as a condition of
reinstatement. In light of the Court’s decision, the EEOC’s alternate request for an award
of front pay is MOOT.
The Court FURTHER ORDERS that Old Dominion’s self-reporting Policy, as
discussed in detail in Part I of the Memorandum Opinion, violates the ADA and is
PERMANENTLY ENJOINED. The Court declines to order the other injunctive relief
requested by the EEOC in its briefing. See Doc. 291, pp. 18-21.
IT IS FURTHER ORDERED that prejudgment interest on the jury’s award of back
pay to Grams—calculated at a rate of .28% from July 27, 2009 to January 16, 2015— is
awarded in the sum $1,834.24.
(2) Old Dominion’s Renewed Motion for Judgment as a Matter of Law Pursuant to
Rule 50 (Doc. 288) is DENIED.