•

e----

I

LULH.I ~ • I
'-.-,,-'t o

"',~~L')" \~~~~-L, lT'

" ' ... ~ { ,

I :',()Hl H~h,~ DISTRICT OF TE)\,',·

;

FILED

IN THE UNITED STATES DISTRICT CPURT
FOR THE NORTHERN DISTRICT OF trEXAS SEP 28 3IJ6

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BRENTWOOD HEALTHCARE, LTD.

)

AND STEBBINS FIVE COMPANIES, LTD. )

)

)

Defendant.

)

)

CLERK, U.S. DISTRIC By
----~------~~
U~Pd{)
CIVIL ACTION NO.
COMPLAINT
3 - 06 CV 178 ON
JURY TRIAL DEMAND

NATURE OF THE ACTION

This an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race and

sex and to provide relief to Kimberly Long and Cynthia Wilson. The Commission alleges that

Defendants Brentwood Healthcare, Ltd. and Stebbins Five Companies, Ltd., operating as an

integrated enterprise, violated Title VII by subjecting Kimberly Long to a racially and sexually

hostile work environment, by retaliating against her for engaging in protected activity and by

constructively discharging her due to the discriminatory treatment. The Commission further

alleges that Defendants Brentwood Healthcare, Ltd. and Stebbins Five Companies, Ltd.,

operating as an integrated enterprise, violated Title VII by subjecting Cynthia Wilson to a

sexually hostile work environment that led to her constructive discharge.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451, 1331, 1337,

1343, 1345. This action is authorized and instituted pursuant to Section 706(1)(f) and (3) of the

• •

Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. §2000e-5(t) (1) and (3), and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Northern District of

Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission of (the "Commission"), is

an agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII of the Civil Rights Act of 1964, as amended, and is expressly

authorized

to bring this action by Sections 706(t)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(t)(I) and (3).

4.

At all relevant times, Defendants have continuously been and are now doing

business in the State of Texas and the City of Dallas, and have continuously had at least fifteen

employees.

5. At all relevant times, Defendants have continuously been an employer engaged

in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C.

§2000e-(b), (g) and (h).

STATEMENTS OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Kimberly Long and

Cynthia Wilson filed a charge with the Commission alleging a violations of Title VII of the Civil

Rights Act of 1964, as amended, by the Defendants. All conditions precedent to the institution

of this lawsuit have been fulfilled.

7. Since at least November 2003 the Defendants have engaged in unlawful

2

• •
employment practices at their Dallas, Texas, facility in violation of Section 703(a) (1) of Title VII, 42 U.S.C. §2000e-2(a)(1), by subjecting Kimberly Long to a racially hostile work environment due to her association with an African-American.
8. Since at least November 2003 the Defendants have engaged in unlawful employment practices at their Dallas, Texas, facility in violation of Section 703(a) (1) of Title VII, 42 U.S.c. §2000e-2(a)(1), by subjecting former employees Kimberly Long and Cynthia Wilson to a sexually hostile work environment.
9. Cynthia Wilson was constructively discharged by Defendants due to the sexually hostile work environment.
10. Since at least November 2003 the Defendants have engaged in unlawful employment practices at their Dallas, Texas, facility in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), by retaliating against Kimberly Long by demoting her and subjecting her to an unwarranted investigation in retaliation for her complaining about the harassment she was experiencing the workplace. As a result, Ms. Long was constructively discharged due to the harassment by Defendants based upon her sex, female, harassment based upon race due to her association with an African-American and the unlawful retaliation, in violation of Title VII.
11. The result of the foregoing practices has been to deprive Kimberly Long and Cynthia Wilson of equal employment opportunities.
12. The unlawful employment practices complained of in paragraphs 7,8,9 and la, above were intentional.
13. The unlawful employment practices complained of in paragraphs 7,8,9 and 10, above were done with malice or with reckless indifference to the federally protected rights of Kimberly Long and Cynthia Wilson.
3

• •

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendants, their officers, successors,

assigns, and all persons in active concert or participation with them, from engaging in any

employment practice which discriminates on the basis of sex or race, or which facilitates,

condones or encourages employees to create or tolerate a sexually or racially hostile

environment.

B. Grant a permanent injunction enjoining the Defendants, their officers, successors,

assigns, and all persons in active concert or participation with them, from retaliating against

employees who oppose what they reasonably believe to be unlawful employment practices or

who otherwise participate in Title VII proceedings.

C

Order the Defendants to institute and carry out policies, practices, and programs

which provide equal employment opportunities for Kimberly Long and Cynthia Wilson and

eradicate the effects of their past and present unlawful unemployment practices.

D. Order the Defendants to make whole Kimberly Long and Cynthia Wilson by

providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and

other affirmative relief necessary to eradicate the effects of Defendants' unlawful employment

practices, including but not limited to rightful-place reinstatement or front pay in lieu of

reinstatement.

4

• •
E. Order the Defendants to make Kimberly Long and Cynthia Wilson whole by
providing compensation for past and future non-pecuniary losses resulting from the unlawful
employment practices described in paragraphs 7, 8, 9 and 10, above, including but not limited to,
pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss often
enjoyment of life, in amounts to be determined at trial. F. Order the Defendants to pay Kimberly Long and Cynthia Wilson punitive damages
for their malicious conduct or reckless indifference described in paragraphs 7, 8, 9, and 10
above, in an amount to be determined at trial. G. Grant such further relief as the Court deems necessary and proper in the public
interest. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS
~ ~~t\e/r-- ASSO . enera! COlUlsel R BE A. CANINO Regional Attorney Oklahoma State Bar No. 011782
~~ TOB . COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720
5

• •
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2760 (telephone) (214) 253-2749 (facsimile)
6

• •

ly loca he . J
[.

rt. This fonn, approved by the Judicial Conference 0 the United States in September 1974, is required for the use oft e Clerk of ourt for the purpose oftnitiatinB k s eet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

LAINTIFFS

DEFENDANTS

(c) Attorney's (Finn Name, Address, and Telephone Number)
Toby W. Coslas, EEOC, 207 S. Houston St., 3rd Fl. Dallas, TX 75

1780N

II. BASIS OF JURISDICTION (place an "X" m One Box Only)

.Jr.- I u.s. Government Plaintiff

o 3 Federal Question
(U.S Government Not a Party)

J 2 U.S. Government
Defendant

o 4 Diversity
(Indicate Citizenship of Parties in Item lll)

III. CITIZENSHIP OF PRINCIPAL PARTIES(place an "X" in One Box for PlalOtifl

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

0 I 0 I Incorporated or Principal Place

0 4 04

of Business In This State

Citizen of Another State

o 2 0 2 Incorporated and Principal Place
of Business In Another State

o5 0 5

o 3 0 3 Foreign Nation

o6 06

rv o NATURE F SUIT (Place an "X" 10 One BOl< Onlyl

CONTRACT

TORTS

J I 10 Insurance

PERSONAL INJURY

PERSONAL INJURY

J 120 Marine

0 310 AIrplane

0 362 Personal InJury -

J 130 Miller Act

0 3 I 5 Airplane Product

J 140 Negotiable Instrument

Liability

J 150 Recovery of Overpayment 0 320 Assault, Libel &

Med. Malpractice 0 365 Personal Injury -
Product Liability

& Enforcement of Judgment

Slander

J 15\ Medicare Act

0 330 Federal Employers'

J 152 Recovery of Defaulted

Liability

0 368 Asbestos Personal Injury Product Liability

Student Loans

0 340 Manne

PERSONAL PROPERTY

(Excl Veterans)

0 345 Manne Product

J 153 Recovery of Overpayment

Liability

0 370 Other Fraud 0 371 Truth in LendlOg

of Veteran's Benefits
J 160 Stockholders' Suits

0 350 Motor Vehicle 0 355 Motor Vehicle

0 380 Other Personal Property Damage

J 190 Other Contract

Product Liability

J 195 Contract Product Liability 0 360 Other Personal

0 385 Property Damage Product Liability

J 196 Franchise

Injury

REAL PROPERTY
J 210 Land CondemnatIOn J 220 Foreclosure J 230 Rent Lease & Ejectment

CIVIL RIGHTS

o ~

441 442

Votmg Employment

o 443 Housmg!

PRISONER PETITIONS 0 510 MotIOns to Vacate
Sentence Habeas Corpus:

J 240 Torts to Land J 245 Tort Product Liability

Accommodations 0 444 Welfare

0 530 General 0 535 Death Penalty

J 290 All Other Real Property 0 445 Arner. wlDlsabliitles - 0 540 Mandamus & Other

Employment

0 550 CIvil RIghts

0 446 Arner wlDisabilitles- 0 555 Prison Condition

Other

0 440 Other Civil Rights

FORFEITUREIPENALTY
0 610 Agnculture 0 620 Other Food & Drug 0 625 Drug Related Seizure
of Property 21 USC 881 0 630 Liquor Laws 0 640 R.R. & Truck 0 650 Airline Regs 0 660 OccupatIOnal
Safety!Health 0 690 Other
LABOR 0 7I 0 Fair Labor Standards
Act 0 720 LaborlMgmt RelatIOns 0 730 LaborlMgml.Reportmg
& Disclosure Act 0 740 Railway Labor Act 0 790 Other Labor Litigation 0 791 Empl. Ret Inc.
Secunty Act

BANKRUPTCY
o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC 157
o PROPERTY RIGHTS 820 Copyrights
o 830 Patent o 840 Trademark
o SOCIAL SECURITY 861 HIA (I 395ff)
o 862 Black Lung (923) o 863 D1WCIDIWW (405(g» o 864 ssm Title XVI o 865 RSIJ405(g)}
FEDERAL TAX SUITS
o 870 Taxes (U S. Plaintiff
Or Defendant)
o 871 IRS-Third Party
26 USC 7609

OTHER STATUTES
0 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations 0 480 Consumer Credit 0 490 CablelSat TV 0 810 Selective Service 0 850 Securities/Commodilles!
Exchange 0 875 Customer Challenge
12 USC 3410 0 890 Other Statutory Actions 0 891 Agricultural Acts 0 892 Economic Stabilization Act 0 893 Envirorunental Maners 0 894 Energy Allocation Act 0 895 Freedom of Infonnation
Act 0 900Appeal of Fee Detennmatiol
Under Equal Access to Justice 0 950 ConstitutIOnality of State Statutes

V ORIGIN
:.11 Original
,.. Proceedin

(place an "X" in One Box Only)

o 2 Removed from

0 3 Remanded from

State Court

A ellate Court

o 4

0

Reinstated or

Reo ened

5 Transferred from
another district
s eci

0 6 Multidistrict Liti ation

Appeal to District
0 7 Judge from Magistrate Jud ment

CJte thl; D.S. Civil Statu\e \Inder whicily'ou are filing (Do not citejurjsdictiolJ.al ~tatute$ unless diver~ity)i­
TItle vII of Civil RIghts Act of 1964, as amended ana TItle I ot Civil RIghts Act ot P},1.
VI. CAUSE OF ACTION t-::B::-r-:-ie-::f-:de-s-cr-:-ip'":'t-to-n-o-;:'f-ca-u-se':;::~-----':""---------------=::;---------------....

Defendants subject K. Long and C. Wilson to either sexually or racially hostile work environment.

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $

CHECK YES only ifdemanded III complaint:

JURY DEMAND:

0 Yes 0 No

VIII. RELATED CASE(S)
IF ANY

(See ,"structions).

JUDGE

DOCKET NUMBER

)ATE 'OR OFFICE USE ONLY

SIGNATURE OF ATTORNEY OF RECORD
40~ 006tn?

-------- ------------- RECEIPT #

AMOUNT

APPLYING IFP ----------

- - - - - - - JUDGE

MAG JUDGE

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, KIMBERLY LONG, AND CYNTHIA WILSON Plaintiffs,
BRENTWOOD HEALTHCARE, LTD. AND STEBBINS FIVE COMPANIES, LTD
Defendants.

§ § § § § § § § § CIVIL ACTION NO. 3-06CV1780N § § § § §

PLAINTIFF’S (INTERVENOR’S) ORIGINAL COMPLAINT

NOW COME Kimberly Long and Cynthia Wilson, Plaintiffs herein, complaining of

Brentwood Healthcare, LTD. and Stebbins Five Companies, LTD, Defendants herein, and for

causes of action submit the following:

I.

Jurisdiction and Venue

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1337, and

1343, and 42 U.S.C. § 2000e--5(f). This is a suit in equity and at law authorized and instituted

pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., Section 102 of

the Civil Rights Act of 1991, 42 U.S.C. §1981A, and it seeks declaratory relief pursuant to 28

U.S.C. §§ 2201, 2202.

2. Venue is proper in this judicial district pursuant to 28 U.S.C. Sec. 1391 and

124(a)(1) in that the unlawful employment practices alleged below were and are being committed

PLAINTIFF’S (INTERVENOR’S) ORIGINAL COMPLAINT - PAGE 1

within the State of Texas and the Northern District of Texas. Defendant’s are subject to service in the Norther District of Texas Dallas Division.
II. Parties 3. At all relevant times, Plaintiff Kimberly Long was a citizen of the United States and resident of Texas. Plaintiff Long was employed by Defendant at a facility in the Northern District of Texas, Dallas Division. At all relevant times, Plaintiff Cynthia Wilson was a citizen of the United States and resident of Texas. Plaintiff Wilson was employed by Defendant at a facility in the Northern District of Texas, Dallas Division. Both Plaintiffs haves been subjected to unlawful employment practices committed in the State of Texas, Northern District, Dallas Division. 4. Defendants are companies doing business in the Northern District of Texas, Dallas Division. Defendants maintain and administer records relevant to its employment practices within said district and division. Defendants are an employer within the meaning of 42 U.S.C. § 2000e et seq., in that the Defendants are engaged in an industry affecting commerce and employ at least fifteen (15) persons. Federal Causes of Action 5. This is a proceeding for a declaratory judgment, injunctive relief, compensatory and punitive damages, and other relief to secure the rights of Plaintiffs under 42 U.S.C. § 2000e, et seq and 1981(a). It is brought to prevent Defendant from maintaining a policy, practice, custom or usage, of discriminating against Plaintiffs in regard to terms, conditions and privileges of employment, and to compensate them for discrimination and discharge.
PLAINTIFF’S (INTERVENOR’S) ORIGINAL COMPLAINT - PAGE 2

6. Since at least November 2003, t he Defendants have engaged in unlawful, discriminatory practices against Plaintiffs at their Dallas, Texas facility in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1), by subjecting Kimberly Long to a racially hostile work environment due to her association with an African-American.
7. Since at least November 2003, the Defendants have engaged in unlawful employment practices at the Dallas, Texas facility in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000-e(a)(1), by subjecting former employees Kimberly Long and Cynthia Wilson to a sexually hostile work environment.
8. Cynthia Wilson was constructively discharged by Defendants due to the sexually hostile work environment.
9. Since at least November 2003, the Defendants have engaged in unlawful employment practices at their Dallas, Texas facility in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), by retaliating against Kimberly Long by demoting her and subjecting her to an unwarranted investigation in retaliation for her complaining about the harassment she was experiencing in the workplace. As a result, Ms. Long was co nstructively discharged due to the harassment by Defendants based upon her sex, female, harassment based upon race due to her association with an African-American and the unlawful retaliation, in violation of Title VII.
10. The result of the foregoing practices has been to deprive Kimberly Long and Cynthia Wilson of Equal Employment opportunities.
11. The unlawful employment practices complained of above were intentional. 12. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Kimberly Long and Cynthia Wilson, making an award of exemplary damages appropriate.
PLAINTIFF’S (INTERVENOR’S) ORIGINAL COMPLAINT - PAGE 3

13. As a result of Defendant’s unlawful acts your Plaintiffs have suffered loss of enjoyment of life, and emotional distress, for which they seek compensatory and punitive damages.
State Cause of Action 14. Plaintiffs incorporate by reference paragraphs 1 through 13 above. 15. Defendants acts violate Chapter 21 of the Texas Labor Code.
Jury Trial Demand Plaintiffs request a jury trial on all issues to triable.
Request for Relief ACCORDINGLY, Plaintiffs respectfully request that this Court advance this case on the docket and grant them the following relief: a. Grant Plaintiffs a permanent injunction, enjoining Defendants, their agents,
employees, successors, and at torneys from continuing to discriminate against them; b. Grant Plaintiffs a declaratory judgment, declaring Defendants’ past practices herein
complained of to be in violation of 42 U.S.C. § 2000e et seq.; and 42 U.S.C. 1981 and 1981(a); c. Order the Defendants to make Plaintiffs whole by awarding backpay, front pay, retroactive seniority, compensatory damages, and any other necessary equitable and legal relief to compensate them; d. Grant Plaintiffs immediate reinstatement, or alternatively, if reinstatement is deemed infeasible front pay;
PLAINTIFF’S (INTERVENOR’S) ORIGINAL COMPLAINT - PAGE 4

e. Order the Defendants to make Plaintiffs whole by granting Plaintiff actual damages;
f. Order the Defendants to pay to Plaintiff punitive damages for Defendants’ malicious or recklessly indifferent conduct toward Plaintiffs;
g. Grant Plaintiffs attorney fees; and h. Grant such other general relief to which Plaintiffs shows themselves justly entitled.
Respectfully submitted, THORPE, HATCHER & WASHINGTON, L.L.P. 2929 Carlisle, Suite 250 Dallas, Texas 75204 214/969-5500 214/969-9060 FAX By: /s/ Karen R. Washington
Karen R. Washington State Bar No. 17012775 ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document was mailed to counsel for all parties on this the 22nd day of November, 2006.
/s/ Karen R. Washington Karen R. Washington
PLAINTIFF’S (INTERVENOR’S) ORIGINAL COMPLAINT - PAGE 5

 
 Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

KIMBERLY LONG AND

)

)

CYNTHIA WILSON,

)

)

Intervenors,

)

)

v.

)

)

BRENTWOOD HEALTHCARE, LTD.,

)

)

Defendant.

)

)

CIVIL ACTION

3:06-CV-1780-N

!: H

'I

$'\ r

, n UtI' lHi'tlIUCT 01" n;XAS

ED

MAr{ -!) 2008

CLEf ,~ •.... 1STRlC'1' COURT' . .By ~b.\=~'-"-''''''''''==='''''''''''''"
l)epulY

CONSENT DECREE

This Consent Decree is made and entered into by and between the Equal Employment

Opportunity Commission ("EEOC"), Kimberly Long and Cynthia Wilson ("Intervenors") and

the Defendant, Brentwood Healthcare, Ltd. ("Brentwood") in the United States District Court for

the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint and the

Intervenors' Complaint ("Complaints") in Civil Action No. 3:06-CV-1780-N. The Complaints

are based on Charge of Discrimination Number 310-2005-1292 filed by Kimberly Long and

Charge of Discrimination Number 310-2005-1295 filed by Cynthia Wilson against Brentwood

("the Charges").

The Complaints allege that Brentwood violated Title VII of the Civil Rights Act of 1964

and Title I of the Civil Rights Act of 1991 by subjecting Long and Wilson to a sexually hostile

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 2 of 9
work environment. The Complaints further allege that Long was subjected to a hostile work environment and disparate treatment based on her association with a black person, and that she was subjected to unlawful retaliation. The Complaints assert that Brentwood constructively discharged Long and Wilson. Brentwood denies all of the EEOC's and the Intervenors' allegations in the Charges and Complaints.
The parties have agreed to resolve their disputes about the allegations in the Charges and Complaints and intend that the terms and conditions of the dispute resolution be set forth in this Consent Decree.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, which the Court finds appropriate and therefore ORDERS AND DECREES:
1. To the extent stated in this paragraph, this Consent Decree resolves all issues raised in EEOC Charge Nos. 310-2005-01292 and 310-2005-01295 and all issues in the Complaints filed by the EEOC and the Intervenors in this civil action. The EEOC forever waives all claims and/or litigation against Brentwood on any issue raised in the Charges and Complaints. The Intervenors forever waive all claims and/or litigation against any person or entity on any issue raised, or that could have been raised, in the Charges and Complaints.
2. The parties agree that this Consent Decree does not constitute an admission by Brentwood or any other person or entity of any liability or wrongdoing. Brentwood expressly denies any violation of local, state, or federal law, common or statutory, including but not limited to Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991.
2

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 3 of 9
3. Nothing in this Agreement shall be construed to expand, limit, or reduce Brentwood's obligation to comply with Title VII of the Civil Rights Act of 1964, as amended.
4. Brentwood agrees that, to the extent it is subject to Title VII, there shall be no discrimination of any kind against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge, giving testimony, or assistance or participating in any manner in any investigation, proceeding, or hearing under Title VII.
5. During each year the Consent Decree is in effect, Brentwood shall provide equal employment opportunity training for all its management and hourly personnel and for the individual who occupied the position of Brentwood's Executive Director during 2004 and the individual who held the job of Director of Human Resources at Stebbins Five Companies, Ltd. during 2004. The training will advise these employees of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform these employees of the company's sexual and racial harassment policies, and the complaint procedure for individuals who believe they have experienced sexual or racial harassment. The training will advise employees, including supervisors and managers, of the consequences of violating Title VII. The training will also include a specific discussion or instruction relating to the issues of sexual harassment, racial harassment, retaliation, and treatment of employees who associate with a person of a different race. Within ten (10) days after the training session for current employees is completed, Brentwood agrees to give written notice to the EEOC as to the date
3

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 4 of 9
and location of the training, the name of the person providing the training, a list of all attendees, and the substance of the training. 6. Brentwood agrees to post the Notice attached to this Consent Decree as "Exhibit A" in all locations where it currently posts legal notices to its employees. 7. Brentwood agrees to pay Long and her private attorney jointly the amount of $70,000.00 to resolve all claims for relief arising out of the Charges and Complaints. 8. Brentwood agrees to pay Wilson and her private attorney jointly the amount of $80,000.00 to resolve all claims for relief arising out of the Charges and Complaints. 9. The payments referenced in paragraphs 7 and 8 above shall be made within thirty (30) days after the date of entry of this Consent Decree by check made payable to Long and Wilson and their private attorney. The payments shall be sent to Devika Seth, Legal Unit, EEOC, 207 S. Houston Street, Dallas, Texas 75202. 10. All reports to the EEOC required by this Consent Decree shall be sent to Devika Seth, Legal Unit, EEOC, 207 S. Houston Street, Dallas, Texas 75202. 11. If Brentwood fails to tender payment or otherwise fails to timely comply with the terms of paragraph 7 and 8 above, Brentwood shall: a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b)
on any untimely or unpaid amounts; and b. Bear any additional costs incurred by the EEOC caused by Brentwood's
non-compliance or delay.
4

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 5 of 9
12. The parties agree that the u.s. District Court for the Northern Division of Texas,
Dallas Division, shall retain jurisdiction over this Consent Decree for purposes of enforcement. 13. Neither the EEOC, Intervenors, nor Brentwood shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms, or the right of any party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by any party. Nothing in this Agreement shall be construed to preclude the EEOC from enforcing this Agreement in the event that Brentwood fails to perform the promises and representations contained herein. If Brentwood does not comply with the terms of this Consent Decree the EEOC is authorized to seek relief for such noncompliance through a civil action in the United States District Court referred to in paragraph 12. The EEOC reserves the right to seek contempt sanctions for non-payment or other non-compliance with this Consent Decree. 14. Neither the EEOC nor Intervenors shall bring further action or intervene in any action against Brentwood based upon the Charges or Complaints, any of the allegations contained therein, or the EEOC's investigation of the Charges or the underlying facts. The Intervenors shall not bring further action or intervene in any action against any person or entity based upon the Charges or Complaints, any of the allegations contained therein or that could have been contained therein, or the EEOC's investigation ofthe Charges or the underlying facts. 15. The parties to this Consent Decree agree to bear their own costs and attorney's fees associated with the above-referenced Complaints.
5

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 6 of 9

16. The tennyfthis De~ shall be for two (2) years.

vtwJ.J , Dated: I

2008.

AGREED AS TO FORM AND SUBSTANCE:
~~~ ROBERT A. CANINO, Regional Attorney Oklahoma State Bar No. 11782 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2750 (telephone) (214) 253-2749 (facsimile)
ATTORNEY FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Tex State Bar No. 17012775 Thorpe, Hatcher & Washington, LLP 2929 Carlisle, Suite 250 Dallas, Texas 75204 (214) 969-5500 (telephone) (214) 969-9060 (facsimile)
ATTORNEY FOR INTERVENORS KIMBERLY LONG AND CYTHIA WILSON
6

, --------------~
Case 3:06-cv-01780 Document 37 Filed 03/05/2008

Page 7 of 9

St~~-~-- · - -
Texas State Bar No. 07013500 Thompson & Knight LLP 1700 Pacific Ave., Suite 3300 Dallas, Texas 75201 (214) 969-1120 (telephone) (214) 880-3212 (facsimile)
ATTORNEY FOR DEFENDANT BRENTWOOD HEALTHCARE, LTD.
508534 OOOOOR DALLAS 2282644.1

7

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 8 of 9
NOTICE UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. AS AMENDED
This NOTICE to all employees of Brentwood Healthcare, Ltd. is being posted as part of a Consent Decree between Brentwood Healthcare, Ltd. and the United States Equal Employment Opportunity Commission.
1. Federal Law requires that there be no discrimination against or harassment of any employee or applicant for employment because of that person's race, color, religion, sex, national origin, age or disability with respect to hiring, compensation, promotion, discharge or other terms, conditions or privileges of employment. Federal law also prohibits retaliation in any way against any person because of that person's opposition to any practice declared unlawful under Title VII or because of the filing of a charge, giving testimony, or assisting or participating in any manner in any investigation, proceeding or hearing.
2. Brentwood Healthcare, Ltd. strongly supports and will comply with such Federal Law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the United States Equal Employment Opportunity Commission.
3. Brentwood Healthcare, Ltd. will not tolerate sexual harassment, racial harassment, sex-based harassment or retaliation in the workplace. The first substantiated violation of the company's policy prohibiting sexual harassment will subject the employee found to have violated the policy to disciplinary action.
4. Employees should report violations of the company's policy prohibiting sexual harassment to their supervisor, the Administrator of their facility, or the Executive Director. Employees also have the right to report such violations to the United States Equal Employment Opportunity Commission ("EEOC"), which receives employment discrimination complaints. The EEOC's toll-free telephone number is: 1-800-669-4000.
5. This NOTICE will remain posted until January 1, 2010.

Case 3:06-cv-01780 Document 37 Filed 03/05/2008 Page 9 of 9

CASE CLOSED

CASE NUMBER: 3:06-CV-1780-N

DATE:

3-05-08

TRIAL HELD:

NO

 
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CLOSED, ECF, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:06-cv-01780

Equal Employment Opportunity Commission v. Brentwood Healthcare Ltd et al Assigned to: Judge David C Godbey Cause: 28:451 Employment Discrimination

Date Filed: 09/28/2006 Date Terminated: 03/05/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David C Rivela Equal Employment Opportunity Commission 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78229 210/281-7619 Fax: 210/281-7669 Email: david.rivela@eeoc.gov ATTORNEY TO BE NOTICED

Devika Seth Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2764 Fax: 214/253-2749 FAX Email: devika.seth@eeoc.gov ATTORNEY TO BE NOTICED

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V. Intervenor Plaintiff
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Gwendolyn Young Reams Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760
James L Lee Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760
Judith G Taylor Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7637 Email: judith.taylor@eeoc.gov ATTORNEY TO BE NOTICED
Ronald S Cooper Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760
Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov ATTORNEY TO BE NOTICED
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Kimberly Long
Intervenor Plaintiff Cynthia Wilson V. Defendant Brentwood Healthcare Ltd
Defendant Stebbins Five Companies Ltd TERMINATED: 02/27/2008
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represented by Karen Roberts Washington Thorpe Hatcher & Washington 2929 Carlisle Suite 250 Dallas, TX 75204 214/969-5500 Fax: 214/969-9060 FAX Email: karenw@airmail.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Karen Roberts Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen Fred Fink Thompson & Knight 1700 Pacific Ave Suite 3300 Dallas, TX 75201-4693 214/969-1700 Fax: 214/969-1751 FAX Email: stephen.fink@tklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tamara R Jones Thompson & Knight 1700 Pacific Ave Suite 3300 Dallas, TX 75201-4693 214/969-1448 Fax: 214/999-1653 Email: tamara.jones@tklaw.com ATTORNEY TO BE NOTICED
represented by Stephen Fred Fink (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tamara R Jones
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Date Filed 09/28/2006 09/28/2006 09/28/2006 09/28/2006 09/28/2006 09/28/2006 10/26/2006 11/01/2006 11/22/2006 12/01/2006 12/01/2006 12/01/2006
12/01/2006 12/26/2006 12/26/2006

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(See above for address) ATTORNEY TO BE NOTICED
# Docket Text
1 COMPLAINT against all defendants filed by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (contained within complaint) (axm, ) (Entered: 09/28/2006)
2 Summons Issued as to Brentwood Healthcare Ltd, Stebbins Five Companies Ltd. (ISS-2) (axm, ) (Entered: 09/28/2006)
3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)
***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 09/28/2006)
4 Order Designating Case for ECF - see order for specifics. (Signed by Judge David C Godbey on 09/28/2006) (axm, ) (Entered: 09/28/2006)
5 NOTICE of Attorney Appearance by Judith G Taylor on behalf of Equal Employment Opportunity Commission (axm, ) (Entered: 10/26/2006)
6 NOTICE of Attorney Appearance by David C Rivela on behalf of Equal Employment Opportunity Commission (Rivela, David) (Entered: 11/01/2006)
7 Unopposed MOTION to Intervene by Kimberly Long, Cynthia Wilson (Attachments: # 1 Exhibit Complaint# 2 Text of Proposed Order Order). Party Long added. (Washington, Karen) (Entered: 11/22/2006)
8 WAIVER OF SERVICE Returned Executed as to Brentwood Healthcare Ltd. Waiver sent on 11/21/2006, answer due 1/22/2007. (axm, ) (Entered: 12/01/2006)
9 WAIVER OF SERVICE Returned Executed as to Stebbins Five Companies Ltd. Waiver sent on 11/21/2006, answer due 1/22/2007. (axm, ) (Entered: 12/01/2006)
10 ORDER granting 7 Motion to Intervene. Having considered the motion and noting that it is unopposed the court grants the motion and directs that Plaintiffs Long and Wilson's First Original Complaint be filed of record. (Signed by Judge David C Godbey on 12/1/06) (cxb, ) (Entered: 12/01/2006)
11 INTERVENOR COMPLAINT against Brentwood Healthcare Ltd, Stebbins Five Companies Ltd filed by Kimberly Long, Cynthia Wilson. (cxb, ) (Entered: 12/01/2006)
12 ***INCORRECTLY FILED, CORRECTLY REFILED AS DOCUMENT #13*** ANSWER to Complaint by Brentwood Healthcare Ltd (Fink, Stephen) Modified on 12/27/2006 (skt, ). (Entered: 12/26/2006)
13 Defendants' ANSWER to Complaint by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd (Fink, Stephen) (Entered: 12/26/2006)

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12/27/2006
01/24/2007 01/25/2007 02/09/2007 02/09/2007 02/09/2007 02/13/2007 06/12/2007 07/13/2007 08/08/2007 08/24/2007
09/27/2007 10/26/2007
10/30/2007
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14 Order Requiring Status and Scheduling Conference: The parties are directed to confer within 14 days of the date of this Order regarding the following matters, and report to the Court within 14 days after the conference the parties' position. [see order for specifics] (Signed by Judge David C Godbey on 12/27/06) (cxb, ) (Entered: 12/27/2006)
15 Joint Conference Report by Equal Employment Opportunity Commission (Rivela, David) Modified on 1/24/2007 (npk) (Entered: 01/24/2007)
16 SCHEDULING ORDER: This case is set for trial on December 3, 2007. The setting is for a one week docket. [see order for specifics] (Signed by Judge David C Godbey on 1/25/07) (cxb) (Entered: 01/25/2007)
17 *** DISREGARD, see doc. 18. *** NOTICE by Kimberly Long and Cynthia Wilson (Initial Disclosures) (Washington, Karen) Modified on 2/9/2007 (cxb). (Entered: 02/09/2007)
18 NOTICE by Cynthia Wilson and Kimberly Long (Initial Disclosures) (Washington, Karen) (Entered: 02/09/2007)
19 NOTICE by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd re 16 Scheduling Order of Initial Disclosures (Fink, Stephen) (Entered: 02/09/2007)
20 NOTICE by Equal Employment Opportunity Commission of Service of Disclosures (Rivela, David) (Entered: 02/13/2007)
21 NOTICE of Attorney Appearance by Devika Seth on behalf of Equal Employment Opportunity Commission (Seth, Devika) (Entered: 06/12/2007)
22 NOTICE by Equal Employment Opportunity Commission of Withdrawal of Counsel Robert B. Harwin (Rivela, David) (Entered: 07/13/2007)
23 Expedited Motion to Amend 16 Scheduling Order by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd. (Jones, Tamara) Modified on 8/9/2007 (klm). (Entered: 08/08/2007)
24 ORDER Granting 23 Expedited Motion to Amend 16 Scheduling Order. This case is reset for trial on the one week docket of February 4, 2008. Reset or continuance of the trial setting does not alter the deadlines in this Order unless expressly provided by court order. See order for specifics. (Signed by Judge David C Godbey on 8/24/07) (svc) (Entered: 08/27/2007)
25 Unopposed Expedited Second MOTION to Amend Scheduling Order by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd (Jones, Tamara) Modified on 9/27/2007 (svc). (Entered: 09/27/2007)
26 SECOND AMENDED SCHEDULING ORDER re 25 Unopposed MOTION to Amend Scheduling Order filed by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd. This case is reset for trial on July 21, 2008 before Judge David C Godbey. The setting is for a one week docket. The final pretrial conference will be set by separate order or notice. (see order for specifics) (Signed by Judge David C Godbey on 10/26/2007) (tln) (Entered: 10/29/2007)
27 Proof of Service for Subpoena in a Civil Case served on Martha McGehee on 10/29/07. (lmp) (Entered: 10/30/2007)
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28 Expedited MOTION to Quash And For a Protective Order, And Incorporated Brief by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Costas, Toby) Modified text on 11/16/2007 (klm). (Entered: 11/15/2007)
MOTION for Protective Order by Equal Employment Opportunity Commission. (see doc. 28 for image) (klm) (Entered: 11/16/2007)
29 RESPONSE in Opposition filed by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd re 28 MOTION to Quash And For a Protective Order, And Incorporated Brief (Jones, Tamara) (Entered: 12/05/2007)
30 Appendix in Support filed by Brentwood Healthcare Ltd, Stebbins Five Companies Ltd re 29 Response in Opposition to Motion to Quash and For a Protective Order (Jones, Tamara) (Entered: 12/05/2007)
31 Unopposed MOTION for Leave for Extension of Time to Reply to Defendants' Response in Opposition to Plaintiff EEOC's Expedited Motion to Quash and for Protective Order by Equal Employment Opportunity Commission (Costas, Toby) Modified on 12/20/2007 (skt). (Entered: 12/19/2007)
32 ORDER granting 31 Motion for Extension of Time to Reply to Defendants' Response to Plaintiff EEOC's Expedited Motion to Quash and for a Protective Order. (Signed by Judge David C Godbey on 12/20/2007) (axm) (Entered: 12/20/2007)
33 MOTION for Extension of Time to File Response/Reply to Defendants' Response In Opposition To Plaintifff EEOC'S Expedited Motion to Quash and For Protective Order by Equal Employment Opportunity Commission (Seth, Devika) (Entered: 01/08/2008)
34 ORDER granting 33 MOTION for Extension of Time to File Response/Reply to Defendants' Response In Opposition To Plaintifff EEOC'S Expedited Motion to Quash and For Protective Order. Replies due by 1/25/2008. (Signed by Judge David C Godbey on 1/11/08) (svc) (Entered: 01/14/2008)
35 NOTICE by Equal Employment Opportunity Commission LETTER Regarding SETTLEMENT (Costas, Toby) (Entered: 01/30/2008)
36 Parties' Agreed STIPULATION of Dismissal of Stebbins Five Companies Ltd Without Prejudice by Equal Employment Opportunity Commission, Kimberly Long, Cynthia Wilson, Brentwood Healthcare Ltd, and Stebbins Five Companies Ltd. (Seth, Devika) Modified on 2/28/2008 (axm). (Entered: 02/27/2008)
37 CONSENT DECREE. (see order for specifics) (Signed by Judge David C Godbey on 03/05/08) (lmp) (Entered: 03/06/2008)

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