U.S. Equal Employment Opportunity Commission v. Coca-Cola Bottling Company United, Inc.

Summary

The court denies Coca-Cola Bottling Company United, Inc.’s motion to dismiss for improper venue or, alternatively, to transfer venue in an EEOC action alleging disability discrimination under the Americans with Disabilities Act. The court holds that venue is proper in the Eastern District of Louisiana under Title VII’s special venue provision because the alleged unlawful employment practices occurred in Louisiana. The court also concludes that the defendant did not show that the Western District of Louisiana was clearly more convenient.

Holdings

1. Venue for the Title VII-related employment-discrimination action was proper in any judicial district in Louisiana because the alleged unlawful employment practices occurred in Louisiana; the Eastern District therefore was not an improper venue.
2. Transfer was not warranted because Defendant failed to demonstrate that the Western District of Louisiana was clearly more convenient than the Eastern District of Louisiana.

Questions Presented

1. Whether venue was proper in the Eastern District of Louisiana under Title VII's special venue provision, 42 U.S.C. § 2000e-5(f)(3), where the alleged unlawful employment practices occurred in Louisiana but outside the Eastern District.
2. Whether the action should be transferred to the Western District of Louisiana under 28 U.S.C. § 1404(a) because that district was clearly more convenient for the parties and witnesses and was in the interest of justice.

Disposition

other