Equal Employment Opportunity Commission v. Medical Management International Inc.

Transcription

1 Cornell Unversty ILR School Consent Decrees Labor and Employment Law Program Equal Employment Opportunty Commsson v. Medcal Management Internatonal Inc. Judge John C. Coughenour Follow ths and addtonal works at: Thank you for downloadng ths resource, provded by the ILR School's Labor and Employment Law Program. Please help support our student research fellowshp program wth a gft to the Legal Repostores! Ths Artcle s brought to you for free and open access by the Labor and Employment Law Program at DgtalCommons@ILR. It has been accepted for ncluson n Consent Decrees by an authorzed admnstrator of DgtalCommons@ILR. For more nformaton, please contact hlmdgtal@cornell.edu.

2 Equal Employment Opportunty Commsson v. Medcal Management Internatonal Inc. Keywords EEOC, Medcal Management Internatonal Inc., CV0-C, Consent Decree, Hostle Work Envronment, Retalaton, Sex, Female, Healthcare, Employment Law, Ttle VII Ths artcle s avalable at DgtalCommons@ILR:

3 ' Case :0-cv-0-JCC Document 1 Fled /1/00 Page 1 of 8 1.FILED..LODGED. EN TERED.RECEIVED NOV n «00 MR At mwtuts - OURKU,. WflUtCT CWHt WKtvw owwcr or wow«_ y. deputy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,! Plantff, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE! v. MEDICAL MANAGEMENT INTERNATIONAL, INC., Defendant. l HONORABLE JOHN C. COUGHENOUR NO. CV0-C ORIGINAL CONSENT DECREE a n d [I III III m ] ORDER OF DISMISSAL IS Ths acton orgnated wth a dscrmnaton charge fled by Ern Rordan (formerly, Ern Harold, also referred to as Chargng Party wth the Equal Employment Opportunty Commsson- The Chargng Party alleged that Medcal Management Internatonal, Ic ( MMI or Defendant" dscrmnated aganst her and a group of smlarly stuated Female I employees who worked at ts Woodnvlle, WA hosptal on the bass of sex by subjectng them, to asexually and gender-based hostle work envronment, and that Defendant also subjected Ms= Rordan to dscplne when she complaned o f the harassment, n volaton of Ttle VII of the Cvl Rghts Act of 1, as amended ( Ttle V1T, U.S.C. 000e et seq. :. The EEOC sent Defendant a Letter o f Determnaton wth a fndng of reasonable cause that t had volated Ttle VII dated August 8, The Commsson fled ths lawsut on August 1, 00 n the Unted States Dstrct CONSENT DECREE - 1 U.. EQUAL tml'lco'mlnt cwoptvnty commsson S ü tru Ds tre r O ffce 0S Frst AvMKH, Sutt coo S tttle, Wtut'STm B1Ö-1 '".phone; (EOS CJ0-SI1DB tlnlt. (EOS 0- TOO; (0EZ0-sSa m l 0-CVH-OUD

4 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of 1 8 Cojurt for the Western Dstrct of Washngton at Seattle on behalf of the Chargng Party and other Jn la ry stuated Female employees ( Class Members who worked at ts Woodmvlle, WA s Hosptal, allegng they also experenced sexual harassment and/or harassment based on sex, and tht Defendant had also retalated aganst Chargng Party when She complaned of the harassment, f. Defendant dened the allegatons of dscrmnaton n the EEOC s complant and asserted several affrmatve defenses.. The partes want to conclude fully and fnally all clams arsng out of the EF.ÜC s complant, and the charge of dscrmnaton fled wth F.EOC by Ern Rordan. They enter nto I tns Consent Decree to further The objectves o f equal employment as set forth m Ttle VII II n o n a d m tssto n o f l a b l t y a n d n o n d e t e r m n a t o n RY THE COURT. Ths Consent Decree s not an adjudcaton or fndng on the merts of ths case and t sllall not be construed, consdered or nterpreted as an admsson by Defendant of a volaton of Ttle VII, or any law or the rghts of any person. n. TTTOTSPTCTION AND VENUE. Jursdcton o f ths Court s nvoked pursuant to 8 U.S.C. 1,, 1, 1 and 1. Ths acton s authorzed pursuant to Sectons 0(f(1 and ( of Ttle VTI of the Gvl Rghts Act of 1, as amended, U.S.C. 000e-(f(l and (, and Secton of the Cvl Rghts Act of, U.S.C, 1a. The employment practces alleged to be unlawful n the EEOC s complant fled heren occurred wthn the jursdcton of the Unted States Dstrct (jourt for the Western Dstrct of Washngton. IV. SETTLEMENT SCOPE 8. Ths Consent Decree s the fnal and complete resoluton of all Ttle VII allegatons o f unlawful employment practces contaned n the complant fled heren on behalf of Ern CONSENT DECREE - U,&. EQUAL EMPLOYMENT OPPORTUNITY COMMUNION ttjltfa Dstrct Offce OT F fft Awtut, fhll* fju ScntTle, Wah'njtoKBIÖ-1 Telephone zza-b&fla TDLr (0 Ü*0-SäÖ

5 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of 1 S Rordan and the Class Members by the EEOC, n Ms. Rordan s dscrmnaton charge, n the IfIo C's admnstratve determnatons,, ncludng all clams by the partes for attorney fees and costs. The scope of ths Consent Decree wll be lmted to the Defendant s Woodnvllc, WA hosptal. The Consent Decree resolves all ssues and clams arsng out of tns complant and s bndng and fnal as to all such ssues and clams.. V. MONETARY RELIEF In settl ement of ths lawsut: (a MMI agrees to pay Ern Rordan and de four other Class Members a total of $0,000 as non-economc damages for psychc and emotonal stress; I md (b alter the EEOC determnes the amount Ern Rordan and each of the Class Members wll receve and nforms MMI of the specfc amounts, MMI agrees to send checks for tre foregong! amounts drectly to the Seattle Dstrct Offce of the EEOC, at 0 Frst Avenue, Sute 00, Seattle, WA 8, by certfed mal wthn fve ( busness days of the date ths Consent Decree sj entered by the Court, for dsbursement. A. General Provsons VI, AFFIRMATIVE a n d o t h e r r e l e f, MMI, ts offcers, agents, and employees at de Woodnvlle, WA hosptal and all human resource professonals at Central Team Support ("CTS who servce the Woodnvlle, \j/a hosptal wll refran from engagng n practces whch unlawfully dscrmnate aganst employees on the bass of sex, and whch consttute retalaton for an ndvdual engagng n protected EEQ actvty. In recognton of ts oblgatons under T tle VII, MMI wll nsttute the polces and practces set forth below. B. Apt-Dscrmnato Polces and Procedures. MMI shall nsttute and carry out ant-dscrmnaton polces, procedures and tranng as set forth heren for employees, supervsors and management personnel, to the extent ;ONSENT DECREE - u.s. equal employment opportunty eommson Stattft Dstrct Offce ÜS T m Avenue. S ut* 00 Seattle, WohrbJTOnB1D-1D&1 Tckuhtne: (0«ZZIJ-MH Fwpks (0& SO-1 T b ft O-C0Ä

6 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of not already establshed, and wll provde equal employment opportuntes for all employees. MMX wll evaluate and, where approprate, modfy the practces of ts managers and supervsors n order to [prevent dscrmnaton, n employment. MMI wll ensure that ts managers and supervsors understand ts Equal Employment Opportunty ( EEO polces and how those polces defne a.jd dentfy what consttutes employment dscrmnaton. 1. Wthn one-hundred-tweuty ( days of the date of the effectve date of ths Consent Decree, MMI wll: (a revew ts EEO polcy, and revse t as necessary, to ensure that t t " adequately prohbts sexual harassment and/or harassment based on sex, addresses MMI s oblgaton to provde a harassment-free work envronment for ts employees, and reaffrms ts commtment not to retalate aganst any employee for engagng n protected EEO actvty, e^., flng an nternal dscrmnaton charge and/or flng a charge wth the EEOC; and (b dstrbute t! EEO polcy to all present and future employees, both management and non-management, through ts Team Member Handbook and SmartHelp. MMI wll provde EEOC wth a wrtten copy of ts EEO polcy as part of ts frst sem-annual report as provded n paragraph 1 below. C. Tranng 1. Wthn one hundred and twenty ( days of tre executon of ths Consent Jecree, MMI wll develop and present to all managers, supervsors and employees at the Woodnvlle, WA Hosptal and all human resource professonals nt CTS who servce the Woodnvlle, WA Hosptal two ( hours of face-to-face tranng by a qualfed traner on " e m p lo y m e n t dscrmnaton, ncludng sexual harassment. The EEOC wll have an opportunty to j revew the tranng materals pror to the tranng date. Annually thereafter, all managers, supervsors and employees at the Woodnvlle, WA Hosptal and all human resource professonals I at CTS who servce the Woodnvlle, WA Hosptal wll complete two ( hours of tranng n Jccordanee wth the requrements set forth n the Banfeld Learnng Center (EEC. ONSENT DECREE - u.s, equal ewovmrht oppomuntv commsson Seattle dstrct Offce 0? Frst AYEnU, S tlltt 00 Soatfle, Weftngnn (0 TtltphOfc: (0 0-f88 [JtK.] tja-fll TDD' K0- tbz

7 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of 1 1. MMI wll notfy the EEOC of the completon of the tranng set forth n Paragraph 1 and wll specfy the names and job ttles of The employees who partcpated n and completed th e tranng as part of ts sem-annual reportng to the EEOC- D. 1. E x p u n g em en t of Records MMl wll not dsclose any nformaton or make references to any charge of dcmnaton or ths lawsut n respondng to employment reference requests for nformaton ab out Ern. Rordan and/or any other Class Member MMI wll expunge from the personnel fles of Ern Rordan and each Class, Member, and from any other records Where such nformaton s kept by MMI, any reference to a charge of dscrmnaton aganst MMI and ths lawsut. If Ms. Rordan and/or any Class Member wshes to do so, MMI wll permt each such ndvdual to revew her personnel fle wthn thrty 0 0 days after the entry of ths Consent Decree to ensure that all such, references have been c: punged, MMI wll not add any nformaton or references to the personnel fles of Ms. Rordan or any Class Member or records regardng ths charge of dscrmnaton and ths lawsut after such rferences have "been expunged. I I E, Polces Desgned to Promote Supervsor Accountablty! 1. MMI wll contnue to advse all managers and supervsors o f ther duty to ensure complance wth the practce s EEO polcy, and to report any ncdent or complant of dscrmnaton or retalaton, of whch they become aware. If a manager or supervsor volates! " JjfMTs EEO polcy, he/she may be subject to dscplne up to and ncludng termnaton and cjompensaton may be affected. MMI wll also remnd all managers and supervsors that there wll Je no retalaton aganst any employee for reportng or relayng any ncdent of dscrmnaton or talaton under MMI s EEO polcy, or for partcpatng n or conductng an nvestgaton of such an ncdent. CONSENT DECREE - F Q U A l EM f'lo VH EW T O P P O ftvw JTV C O W M S S T.O N StoTtle D strct o ffc e 0 f r t rtvtnu«, Suc "HJU dfot l Ie. Wa.,hm, toll B.1D&1 Telephone (Z0 -ä& Focalralc(D ZZ0-U Tt>b: (zoe oao-tsss

8 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of L. MM1 agrees that t shall nclude commtment to equal employment opportunty as a crteron for qualfcaton for supervsory postons F. 1. MMI shall report n wrtng and n affdavt form to the F.EOC begnnng sx. { months from the date of the entry of ths decree, and thereafter every year for tre duraton of the decree the followng nformaton:. a_ Certfcaton of the completon of tranng and lst of attendees, b. Certfcaton that ts EEO polcy has been sent to all current and newly hred employees as descrbed above; c. A lst of any changes, modfcatons, revocatons or revsons to ts FEQ polces and procedures whch concern or affect de subject of dscrmnaton or retalaton d. A summary of sexual larassment complants, f any, fled by employees workng at MMFs Woodnvlle, WA faclty whch are reported to management and the resoluton of each complant; and e. A Statement lstng the other provsons of ths Decree that Defendants arc requred to perform and cetfyng that MMI has compled wth the terms of the D ecree. If MMI has not compled wth any term of the Decree, the statement wll specfy the areas of noncomplancc, the reason for the noncomplance, and the steps taken to brng the Defendants nto complance G. postng 0. MMI wll post a Notce, attached as Exhbt 1 to ths Consent Decree. 'Ihe Notce shall be posted on a centrally located bulletn board at MMTs Woodnvlle, WA hosptal for the duraton of the Consent Decree. VII. ENFORCEMENT 1. If the EEOC determnes that MMI has not c ompled wth the terms of ths Decree, de EEOC wll provde wrtten notfcaton of the alleged breach to MMI- 'lhe EEOC wll not petton the court for enforcement of the decree for at least sxty (0 days after provdng wrtten Notfcaton of the alleged breach. The 0-day perod followng the wrtten notce shall be used by CONSENT DECREE - 1/... PQUAL. EMPLOYMENT OPPORTUNITY fomulwon fcqttln Dstrct Offce 0 Frst Avenue, Sute Q0 SetTTTlu, WnvhngTan B1-IOS1 Telefone: (C Z0-8B Foelellc; [D ZM -ÄIJ TDD: ( !

9 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of 1 8 th^ partes for good fath efforts to resolve the dspute. VITI RETENTION QE- JlElSDICTION. The Unted States Dstrct Court for the Western Dstrct of Washngton shall retan jursdcton over ths matter for the duraton of the decree, IX. DURATION AND TERMINATION. Ths Decree shall be n effect for two ( years begnnng November, 00 and eldng November, 00, If the EEOC pettons the Court for breach of the Decree, and de c U fnds MMI to be n volaton of the terms of the Decree, the Court may extend the duraton 1 1 f the Decree. XI. CONCLUSION. The partes are not bound by any provson of ths decree untl t s sgned by authorsed representatves of each party and entered by the Court. 1 Dated ths. day o f. 00, A. LUIS LUCERO, JR. Regonal Attorney ^ a t h r y n o l s o n Supervsory Tral Attorney DAMIEN A. LEE Tral Attorney IQUAL EMPLOYMENT OPPORTUNITY COMMISSION LONSENT DECREE - ERJC S. DREIBAND General Counsel GWENDOLYN YOUNG REAMS Assocate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION u s. cqlml employment opportunty commsson Sftflttl* (Sstfft CJffc* $ 0 R pjt- Avenue, S bltc 00 t a r r l t. W ashngton?pöd-1 'fclflphdr>er [?.( 0-'&Q8'j facsm le ; (0 0- TDCj: ( 0 } 0-0

10 Case :0-cv-0-JCC D o cu m ent 1 Fled /1/00 Page 8 o f Seattle Dstrct Offce 0 Frst Avenue, Sute 00 Seattle, Washngton 8 Telephone (0 0-1 Offce of the General Counsel 01 "L" Street, N.W- Washngton, D.C. 00 Telephone (0-0 BV: 0 Attorneys for Plantff 8 VICTOR: SÖ NJA;,BY:_ SCH, ESQ. 1G, ESQ A1 Ittome^-forDel onkon TORP LLP b SW Ffth Ave., Sute 0 Portland, OR 0 Local Counsel RICHARD OMATA KARR TUTTLE CAMPBELL 1 Thrd Ave. Seattle, WA fconsent DECREE - 8 u.. l q l m l rmplovwent opf'qrtuurn' commsson äeartl«dlstrfcl CJf-fc* Avenue, SuTc *0 Seattle, wmht^ron BL0-t T^khVlOHe: («?D-F?fl Fdutule: (aüfr 0- TDD: (?T0?? M 0 8 Ü

11 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of 1 n?r>fk APPROVING CONSENT DECREE The Court havng consdered the foregong stpulated agreement of the partes, IT ls HEREBY ORDERED THAT the foregong Consent Decree be, and the same hereby s, approved as the fnal decree of ths Court n full settlement of ths acton. Ths lawsut s hereby dsmssed wth prejudce and wthout costs or attorneys' fees to any party. The Court retans jusdcton of ths matter for purposes of enforcng the Consent Decree approved heren. S n DATED ths day of 1 1 C. COUGHEN0U# TED STATES DISTRICT JUDGE CONSENT DECREE - U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle O stret O ffce 0? Frst rtvonu*. u«+ Seal-Te, Wajhnqtpn 8-1 Teltjh*«: tn t 0- Facsmle: (0ZZD*U 1DD: (0^*0-*

12 Case :0-cv-0-JCC Document 1 Fled /1/00 Page of NOTICE t o a l l EMELQYE.e s Ths notce s beng posted pursuant to an agreement between Medcal Management Internatonal, Inc., and the U.S. Equal Employment Opportunty Commsson, entered as de result of'a resoluton of a lawsut n federal dstrct court. There was no fndng on the merts of the bnjvsut and ths notce should not be consdered an admsson by Medcal Management Internatonal, Inc. of a volaton of any law., Ttle VII of the Cvl Rghts Act of 1, as amended, the Age Dscrmnaton n Employment Act of 1, the Equal Pay Act of 1, and the Amercans wth Dsabltes Act of are enforced by the EEOC and requre the followng: That there he no dscrmnaton aganst any employee or applcant for employment because of the employee's race, sex, color, relgon, natonal orgn, age (over age 0, or dsablty wth respect to hrng, frng, compensaton, or other terms, condtons or prvleges of employment It s an unlawful employment practce for an employer to retalate aganst any employees or applcants for employment because they have opposed a practce or because they have made a charge, testfed, asssted, or partcpated n any manner n an nvestgaton, proceedng, or hearng under these statutes. Medcal Management Internatonal, Inc. Has nsttuted a tranng program to tran ts managers regardng the requrements of the above statutes. Medcal Management Internatonal, Inc. Has posted ths notce because the company pports and wll comply wth these federal laws n all respects. DATED Medcal Management Internatonal, Inc. IS CONSENT DECREE - U.S. EQUAL EMPLOYMENT OPPORTUNITY C O M M IS SIO N Scuttle O'jtrfef Offce 0 F «t AveluC, Sute to o SMTIk, WaähnjtO» S-L Telephone {R& 0'äflfl.l Facsmle (0> 0-0 TDty. (Z0 J0-OSS