EEOC rm me time U.S. EQUAL Emrtoyivrsur Orronrunirv Coivnvnssioiv ii
NOTICE or Rrctrr ro SUE (ISSUED oiv REQUEST)
To;Larry W. Davis From; U. S. Equal Employment Opportunity Commission
496 North Saint Augustine Road Philadelphia District Office
Chesapeake City, MD 21915 21 South 5th Street- Suite 400
~ Philadelphia, PA 19106-2515 .
On behalf of person fs) aggrieved whose identity Ls — . I _
[ ] CONFIDENTIAL {29 CFR § 1601. 7,0;)) ·
Charge N0. EEOC Representative Telephone No.
17C-2004-00717 (formerly l7CA4007l7) Legal Unit 215-440-2828
(See also the additional information attached to this form. )
Norton ro THE Pnnsou Accninvnpz g
Title VII of the Civil Rights Act of 1964 and/or the Americans with Disabilities Act (ADA): This is your Notice of Right to Sue, issued
under Title VII and/or the ADA based on the above-numbered charge. It has been issued at your request. Your lawsuit under Title VI]
, ‘ ui the ADA must be tiled in federal or state court WITHIN 90 DAYS of your receipt of this Notice. Otherwise, your right to sue
\ _, .sed on this charge will be lost. (The time limit for tiling suit based on a state claim may be different.)
[ X ] More than 180 days have passed since the tiling of this charge.
[ ] Less than 180 days have passed since the filing of this charge, but I have determined that it is unlikely that the EEOC
will be able to complete its administrative processing within 180 days from to tiling of the charge.
[ X ] The EEOC is terminating its processing of this charge.
[ ] The EEOC will continue to process this charge.
Age Discrimination in Employment Act (ADEA): You may sue under the ADEA at any time from 60 days alter the charge was tiled
until 90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph marked below
applies to your case:
[ ] The EEOC is closing your case. Therefore, your lawsuit under the ADEA must be tiled in federal or state court
WITHIN 90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge
will be lost. ‘
p I [ ] The EEOC is continuing its handling of your ADEA case. However, if 60 days have passed since the tiling of
( your charge, you may tile suit in federal or state court under the ADEA at this time. , ‘
Equal Pay Act (EPA): You already have the right to sue under the EPA (filing an EEOC charge is not required.) EPA suits must be
brought in federal or state com within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that
backpay due for any violations that occurred more than 2 vears {3 years] before you tile suit may not be collectible.
If you file suit based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission
/ ..
?hMi EOM/we
Enclosure(s) Marie M. Tomasso, istrict Director (Date M¤¤`!¤d)
cc: Diamond Materials, LLC
. - - S ’ F• I · " ·• ‘$r ii ’.•·`• `
` STATE OF DELAWARE ·· r,
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS — DISCRIMINATION UNIT
Mr. Larry Davis State Case # 04090730
496 North St. - Augustine Rd.
Chesapeake City, MD 21915
vs.
Diamond Materials LLC
Attn; Mr. Walden White
926 S. Heald St.
Wilmington, DE 19801
_ _ FINAL DETERMINATION AND RIGHT TO SUE NOTICE ·
Pursuant to 19 Q; Q § 710, et seq., the parties in the above—captioned matter are hereby Noticed of the
Departments Final Determination and Right to Sue Notice, as follows:
Reasonable Cause Determination and Notice of Mandatory Conciliation.
In this case, the Department has completed its investigation and found that there is reasonable cause to
believe that an unlawful employment practice has occurred. Under the provisions of the law, the parties are
now required to engage in mandatory conciliation with Thomas J. Smith. Please be prepared to appear for
conciliation on the following date and time July 27m, 2005 1:3Qpm at the location of DDOL, 4425 N. Market St.
Wilmington, DE 19802.
Your cooperation and good faith effort is anticipated. Your corresponding Delaware Right to Sue
Notice will be effective one day after your compliance with the conciliation effort.
The reasonable cause Ending is based primarily on the following facts:
The Respondent made statements that they considered the Charging Party’s knee impairment to be a
direct threat to himself and to the general safety of the public at large. Rather than have the Charging Party
undergo medical examination or other evaluation to provide objective information about the Charging Pa1‘ty’s
impairment, they decided to discharge the Charging Party.
This Final Detennination is hereby issued on behalf of the Department of Labor, Division of Industrial Affairs,
Discrimination Unit. See the attached Notice of Rights.
`%g2z{c>S/ éér Tac / â€C ,(
Date issued Julie K. Cutler, ¤ at
f » _ I
i t;2
Date conciliation completed u e K. Cutler, Administrator
Delaware Department of Labor, Division of Industrial Ajfairs, 4425 N Market St., Wilmington, DE 19802
DOL. Form C—l2RC: 12/O4
Case 1 :05-cv—OO81i-SL(Ft Document 2-2 Fil cig-rly§@?#2Q:Q5 5 ii-tag a gkof 3
CHARGE OF DIS RIMINATION U FEPA CCI
This Term is arrested S me Privac Act of 1974 El EEOC I `I T [F]
Delaware Department of Labor and EEOC
7 (State, or local Agency, if any)
NAME (Indicate Mr., Mrs., Ms) HOME TELEPHONE NO. (Include Area Code}
Larry W. Davis (410) 885-5309
STREET ADDRESS CITY, STATE AND ZIP CODE COUNTY
4 96 North St. August ine Road Chesapeake City MD 2 1 9 It 5
L NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, STATE OR LOCAL
GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME lfmore than one, list below. ’
NAME NO. OF EMPLOYEES OR TELEPHONE NUMBER (Incl. Area Code)
D i amond Mat er i al s , LLC MEMBERS 3 5 0 (302) 658-6524
STREET ADDRESS CITY, STATE AND ZIP CODE
92 6 S. Heald Street, Wilmington, DE 1980 1
’ELE’“ "“““E†‘“"°‘“"° °°°°’
STREET ADDRESS CITY, STATE AND ZIP CODE
“ CI RACE lj] COLOR [I SEX I;] RELIGION I] NATIONAL ORIGIN I] AGE DATE DISCRIMINATION TOOK PLACE `
zamxzsr 4/1/2004
lj RETALIATION E DISABILITY [1 OTHER (specity) Lnesw 8/ 1 2/2004
E] CONTINUING ACTION
THE PARTICULARS ARE (If additional space is needed, attached extra sheat(s):
Jurisdiction: Charging Party has been employed with Respondent as a Truck Driver at their Wilmington, DE facility since 2003.
Charging Party's protected class: Disability
Adverse employment action: Lay-Off
Employment harm: Charging Party alleges that prior to Respondent laying him off on 8l14fO4, he submitted medical
documentation regarding his disability and offered suggestions for reasonable accommodations to perform his essential duties.
However, Respondent declined his suggestions and stated that Charging Party needed to stop working to prevent company
liability.
Applicable Iaw(s): Americans with Disabilities Act of 1991, as amended and the Delaware Handicapped Persons in
Employment Protections Act .
Respondents explanation: Charging Party alleges that Respondent stated that he had too many employees with disabilities
and placed him on Iay—off status to prevent further company liability. Charging Party alleges that Respondent did not provide
Q lim with reasonable accommodations after discussions with Respondent about his disability.
` Comparator(s) or other specific reason(s) for alleging discrimination: nfa
Additional information and verification of these facts are provided by the attached Affidavit.
I also want this charge filed with the EEOC. I will advise the agencies SIGNATURE OF COMPLAINANT
[E if I change my address ortelephone number and I will cooperate fully
with them in the processing of my charge In accordance with their
procedures. I swear or affirm that I have read the above charge and that it is true to the best of
m knowled e. infomation and bellel.
I declare un · r penalty of p ‘ury that the foregoing is true and correct. NOTARY - (When necessary to meet Slate and Local Requirements)
_L IL:. . L ' ‘
Date W! Char in Pa S nature Subscribed and swam to before me this date Da , month, and ear
ssoc Foam s enevicus Emmons or nits roam Asia oesotzrs me Must not as usse
- Revenz
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