Case 1:02-cv-00627-SS Document 1 Filed 09/27/2002 Page 1 of 5

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF £!Pf.e-~ 27 F;: 2: 02

AUSTIN DIVISION

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EQUALENWLOYMENTOPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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§ COMPLAINT

BROOKDALE LIVING COMMUNITIES OF § JURY TRIAL DEMAND

TEXAS, INC. D/B/A HERITAGE AT

§

GAINES RANCH RETIREMENT

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COMMUNITY,

§

§

Defendant.

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NATURE OF ACTION This is 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 religion, and to provide appropriate relief to Jessica C. Johnson-Shankle, who was adversely affected by such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that the Defendant, Brookdale Living Communities ofTexas, Inc. d/b/a Heritage at Gaines Ranch Retirement Community ("Heritage") subjected Jessica C. Johnson-Shankle to discrimination when Heritage failed to hire her and accommodate her because of her religion, Muslim.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.

Case 1:02-cv-00627-SS Document 1 Filed 09/27/2002 Page 2 of 5

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Texas, Austin Di vision.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant Heritage, has continuously been a Deleware corporation doing business in the State of Texas and the City of Austin, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Heritage, has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jessica C. JohnsonShankle filed a charge with the Commission alleging violations of Title VII by Defendant Heritage. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July 29,2001, Defendant Heritage has engaged in unlawful employment practices at its Austin, Texas, facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e2(a). These practices include subjecting Jessica C. Johnson-Shankle, to discrimination by failing to hire her and accommodate her because of her religion, Muslim. 8. The effect of the practices complained of in paragraph seven (7) above has been to deprive Jessica C. Johnson-Shankle of equal employment opportunities and otherwise adversely

Plaintiffs Original Complaint

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Case 1:02-cv-00627-SS Document 1 Filed 09/27/2002 Page 3 of 5

affect her status as an applicant because of her religion, Muslim. 9. The unlawful employment practices complained of in paragraph seven (7) above were
intentional. 10. The unlawful employment practices complained of in paragraph seven (7) above were
done with malice or with reckless indifference to the federally protected rights ofJessica C. JohnsonShankle.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Heritage, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of religion, Muslim; B. Order Defendant Heritage to institute and carry out policies, practices, and programs which provide equal employment opportunities to individuals regardless of religious beliefs or practices (or lack thereof) and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Heritage to make whole Jessica C. Johnson-Shankle, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the rightful-place hiring of Jessica C. Johnson-Shankle, or front pay in lieu thereof; D. Order Defendant Heritage to make whole Jessica C. Johnson-Shankle, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven (7) above, including, but not limited to, relocation expenses and job

Plaintiff's Original Complaint

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Case 1:02-cv-00627-SS Document 1 Filed 09/27/2002 Page 4 of 5
search expenses, in amounts to be determined at trial; E. Order Defendant Heritage to make whole Jessica C. Johnson-Shankle by providing
compensation for past and future non pecuniary losses resulting from the unlawful employment practices described in paragraph seven (7) above, including but not limited to emotional pain and suffering, humiliation, emotional distress, anxiety, inconvenience, and loss of enjoyment of life, in an amount to be determined at trial;
F. Order Defendant Heritage to pay Jessica C. Johnson-Shankle punitive damages for its malicious and reckless conduct described in paragraph seven (7) above, in amounts to be determined at trial;
G. Grant such further .relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, GWENDOL YN YOUNG REAMS Associate General Counsel
~0~~
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 0760873

Plaintiff's Original Complaint

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Case 1:02-cv-00627-SS Document 1 Filed 09/27/2002 Page 5 of 5
Supervisory rial Attorney Texas State Bar No. 08642750
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Trial Attorney Texas State Bar No. 00790420
EQUALENWLOYMENTOPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7638 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

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 Case 1:02-cv-00627-SS Document 3 Filed 11/06/2002 Page 1 of 5

FILED

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

NOV 0 6 2002
B~LyEERKS,TuE.sR. aDIS~TTRICOTF ClOU,R~T
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EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

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Plaintiff,

§

§

v.

§

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BLC of Texas· II, L.P.

§

§

Defendant.

§

Civil Action No. A02CA627SS

PLAINTIFF'S FIRST AMENDED COMPLAINT This is 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 religion, and to provide appropriate relief to Jessica C. Johnson-Shankle, who was adversely affected by such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that the Defendant, BLC of Texas - II, L.P. ("BLC") subjected Jessica C. Johnson-Shankle to discrimination when BLC failed to hire her and accommodate her because of her religion, Muslim.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.c. §§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Texas, Austin Division.

3

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PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 US.c. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant BLC has continuously been a Delaware corporation doing business in the State of Texas and the City of Austin, and has continuously had at least15 employees. 5. At all relevant times, Defendant BLC has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 US.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jessica C. JohnsonShankle filed a charge with the Commission alleging violations of Title VII by Defendant BLC. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July 29,2001, Defendant BLC has engaged in unlawful employment practices at its Austin, Texas facility, Heritage at Gaines Ranch Retirement Community, in violation of Section 703(a) of Title VII, 42 US.c. § 2000e- 2(a). These practices include subjecting Jessica C. Johnson-Shankle, to discrimination by failing to hire her and accommodate her because of her religion, Muslim. 8. The effect of the practices complained of in paragraph seven (7) above has been to deprive Jessica C. Johnson-Shankle of equal employment opportunities and otherwise adversely affect her status as an applicant because of her religion, Muslim.

Plaintiff's First Amended Complaint

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9. The unlawful employment practices complained of in paragraph seven (7) above were intentional.
10. The unlawful employment practices complained of in paragraph seven (7) above were done with malice or with reckless indifference to the federally protected rights of Jessica C. JohnsonShankle.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant BLC, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of religion, Muslim; B. Order Defendant BLC to institute and carry out policies, practices, and programs which provide equal employment opportunities to individuals regardless of religious beliefs or practices (or lack thereof) and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant BLC to make whole Jessica C. Johnson-Shankle, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the rightful-place hiring of Jessica C. Johnson-Shankle, or front pay in lieu thereof; D. Order Defendant BLC to make whole Jessica C. Johnson-Shankle, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven (7) above, including, but not limited to, relocation expenses and job search expenses, in amounts to be determined at trial;

Plaintiffs First Amended Complaint

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E. Order Defendant BLC to make whole Jessica C. Johnson-Shankle by providing compensation for past and future non pecuniary losses resulting from the unlawful employment practices described in paragraph seven (7) above, including but not limited to emotional pain and suffering, humiliation, emotional distress, anxiety, inconvenience, and loss of enjoyment of life, in an amount to be determined at trial;
F. Order Defendant BLC to pay Jessica C. Johnson-Shankle punitive damages for its malicious and reckless conduct described in paragraph seven (7) above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 0760873
LINDA GUTIERREZ Supervisory Trial Attorney Texas State Bar No. 08642750

Plaintiff's First Amended Complaint

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Trial Attorney Texas State Bar No. 00790420
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7638 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing Plaintiff's First Amended Complaint was sent by U.S. mail on this the 5th day of November 2002, to Defendant's attorneys of record, Mr. Stephen B.

Mead and Ms. Christy E. Phanthavong, Ross & Hardies, 150 North Michigan Ave., Chicago, Illinois

60601-7567.

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Cynthl M. Cano

Plaintiff's First Amended Complaint

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 Case 1:02-cv-00627-SS Document 21 Filed 03/05/2003 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

FILED
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
BLC of Texas - II, L.P.,
Defendant.

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§ Civil Action No. A02CA627SS

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CONSENT DECREE The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, BLC of Texas - II, L.P. ("BLC"). This Consent Decree resolves the allegations raised by the EEOC in the above-referenced Civil Action No. A02CA627SS. The EEOC initiated this lawsuit under Title VII of the Ci viI Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of religion, and to provide appropriate relief to Jessica C. Johnson-Shankle who allegedly was adversely affected by such practices. The EEOC alleged that BLC subjected Jessica C. Johnson-Shankle to discrimination when BLC failed to hire her and accommodate her because of her religion, Muslim. The EEOC and BLC wish to settle this action, without the necessity of further litigation, pursuant to the terms delineated in this Decree. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction over the parties and of the subject matter of this action, venue is proper, and all administrative prerequisites to the filing of this action have been met. The
31812\00004\CH348109.wPD 5

Case 1:02-cv-00627-SS Document 21 Filed 03/05/2003 Page 2 of 16

Complaint states claims, which, if proved, would authorize this Court to grant relief against BLC pursuant to Title VII;
2. This Decree is the result of conciliation and compromise between BLC and EEOC of the disputed claims raised in the EEOC's Complaint in this case, and completely resolves all such claims. The EEOC waives further litigation of all issues raised in the above-referenced complaint. The EEOC expressly reserves its right, however, to process and litigate any other charges which are pending (although EEOC acknowledges that, as of the date this Decree is filed with the Court, no charge has been filed with the San Antonio District Office) or may in the future be filed against BLC;
3. This Agreement shall not be considered as either a finding of, or evidence of, any violation(s) by BLC of Title VII or of any other federal or state statute, regulation, or common law obligation respecting employment discrimination; accordingly, this Agreement shall not be admissible as evidence against BLC in any proceeding or any forum other than in proceedings brought by either BLC or EEOC to enforce the terms of this Agreement; and
4. The duration of this Decree shall be eighteen (18) months from the date of its filing with the Court. This Court shall retain jurisdiction of this action for the duration of this Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of the Decree by BLC, its agents or assigns, shall toll the running of this eighteen-month period as of the date of the violation. If the Court subsequently determines that this Decree was violated, the eighteen-month period shall recommence and continue from the date of entry of an Order finding such a violation or until such time as ordered by the Court. Should the Court find this Decree was not violated, the eighteen-month period shall recommence, retroactive to the date of the filing of this Decree with the Court.

Consent Decree

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INJUNCTIVE PROVISIONS 5. Defendant BLC is enjoined, during the tenn of this Decree, from discriminating against any applicant or employee on the basis of religion in violation of Title Vll, including, but not limited to:
(a) refusing to hire an individual because of his/her religion; (b) failing to make reasonable accommodation to an otherwise qualified
applicant or employee because of his/her religion; provided, however, that nothing herein is intended to impose on BLC a requirement to give preference to any applicant or employee because of his/her religion; and (c) denying employment opportunities to an otherwise qualified job applicant or employee based on the individual's religion or based on the need to provide a reasonable accommodation to such individual's religiom; beliefs or practices. 6. Within sixty (60) days after the entry of this Decree, BLC shall create or modify and implement, as part of its Equal Employment Opportunity, Dress Code and/or Harassment Policies, a written statement of non-discrimination that meets the following criteria: (a) Contains provisions stating that BLC prohibits discrimination against applicants and employees because of their good faith and sincere religious beliefs or practices, and shall make reasonable accommodation to an otherwise qualified job applicants' or employees' good faith and sincere religious beliefs or practices; and (b) Provides for appropriate discipline of employees who violate these policies,

Consent Decree

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including provisions relating to religious discrimination, up to and including discharge. 7. Within sixty (60) days after the entry of this Decree, BLC shall create or modify, and shall implement a written complaint procedure that provides guidance to assist employees on how to complain of violations of the religious non-discrimination provisions of its policies. This complaint procedure shall provide the following: (a) Simple, convenient, and reliable mechanisms for reporting incidents of religious discrimination; (b) Prompt investigation of religious discrimination complaints; (c) Prompt communication to the complaining employee of the results of the investigation and any remedial actions taken or proposed; (d) Prompt and appropriate remedial action designed to resolve substantiated complaints and to deter future incidents of religious discrimination; and (e) Assurances that complaining employees shall not be subjected to any retaliation for having made a good faith complaint of religious discrimination. 8. Within sixty (60) days after the entry of this Decree, BLC shall communicate in writing its Equal Employment Opportunity, Dress Code and Harassment Policies, including the religious non-discrimination provisions set forth in Paragraph 6 above, to all of its employees.

Consent Decree

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TRAINING 9. Within ninety (90) days after the entry of this Decree, and once annually during the term of this Decree, BLC shall, at its own cost, provide training on the law under Title VII, which shall specifically include information regarding Title VII's prohibition of religious discrimination, and examples of conduct and employment practices which discriminate on the basis of religion. This training shall substantially follow the form described in Exhibit A hereto, and shall be provided to all management employees of BLC, who will be required to sign an acknowledgment indicating attendance.
POSTING OF NOTICE 10. BLC shall post a notice within ten (10) days ofthe entry of this Decree regarding its practices, policies, and intent not to discriminate against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit B, which is attached to this Decree. A copy of Exhibit B shall be posted at BLC' s Austin, Texas facility and on all employee bulletin boards at such facility. This notice shall remain posted for the duration of this Decree. BLC shall certify to the EEOC in writing within ten (10) business days after the posting of the Notice that the Notice has been properly posted.
MONETARY RELIEF 11. BLC, in full and final settlement of this dispute, shall pay to Jessica C. JohnsonShankle, the sum of Fifteen Thousand Dollars ($15,000.00). This shall be accomplished as follows: A check made payable to "Jessica C. Johnson-Shankle" shall be mailed to Ms. Johnson-Shankle at 7601 Rialto Blvd. #1712, Austin, Texas 78735, within 14 days after this Decree has been entered by the Court, or within eight days of receipt by BLC of a release of claims in the form attached

Consent Decree

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hereto at Exhibit C, signed by Ms. Johnson-Shankle, whichever is later. A copy of the settlement

check and any accompanying transmittal documents shall be forwarded to Robert B. Harwin,

Regional Attorney, San Antonio District Office, United States Equal Employment Opportunity

Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

MISCELLANEOUS PROVISIONS

12. Nothing contained in this Decree shall be construed to limit any obligation BLC may

otherwise have to maintain records under Title VII or any other statute.

13. The terms of this Decree shall be binding upon BLC, and its successors and assigns,

as to the issues resolved herein.

14. The parties to this Decree shall bear their own costs and attorneys' fees incurred in

this action. The parties further agree that pursuant to Section 706(k) of Title VII, 42 U.S.C. § 2000e-

5(k), there is no "prevailing party" in this action or proceeding.

The Clerk shall furnish a copy hereof to each attorney of record.

SO ORDERED.

l1t Signed this ~ay of

4,l'd

,2003.

Consent Decree

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SlliP~
Illinois State Bar No. 06229837 CHRISTY E. PHANTHAVONG Illinois State Bar No. 6270431
ROSS & HARDIES 150 N. Michigan Ave, Suite 2500 Chicago, Illinois 60601 Telephone: (312)558-1000 Telecopier: (312)750-8600
MARIA M. STEWART Texas State Bar No. 19216375
BROWN MCCAROLL, L.L.P. 111 Congress Ave., Suite 1400 Austin, Texas 78701-4043 Telephone: (512)472-5456 Telecopier: (512)479-1101
ATTORNEYS FOR DEFENDANT

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
~;~
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 076083
pervisory Trial Attorney exas State Bar No. 19708300
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7679 Telecopier: (210) 281-7669 ATTORNEYS FOR PLAINTIFF

Consent Decree

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EXHIBIT "A"
Consent Decree

Case 1:02-cv-00627-SS Document 21 Filed 03/05/2003 Page 9 of 16
EXHIBIT A
The following training will be provided to individuals employed at BLC of Texas - II, L.P.'s Heritage at Gaines Ranch Facility in Austin, Texas within ninety (90) days after the entry of the Consent Decree (to which this document is attached as Exhibit B) and once annually thereafter during the term of the Decree:
A. "Promoting a Respectful Workplace: Respect in the Workplace & Harassment Awareness Training."
This one-hour session, to be led by William P. Blouin (Brookdale Living Community's Director of Human Services), will provide training to all employees on understanding and adhering to the components of a respectful workplace. Employees will be encouraged to appreciate diversity, accept differences, and treat each other equally. Prohibited discrimination and harassment will be defined and explained, with reference to the applicable laws, including Title VII, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Title VII's prohibition of religious discrimination will be specifically discussed, with examples of conduct and employment practices that discriminate on the basis of religion being explored. Group discussion on dealing with potential scenarios will be facilitated through the use of a video entitled, "You Call That Respect?" Employees will be given detailed information on what to do if they believe they are being discriminated against or harassed, including who to contact and what the investigation into the complaint will entail. A quiz will be given at the beginning of the training, with the questions discussed at the conclusion in order to reinforce the information learned. All employees will receive copies of the slide presentation made during the training, and will be asked to sign a form acknowledging attendance at the training.
B. "Diversity: the FAIR Way"
This one-hour session, to be led by William P. Blouin (Brookdale Living Community's Director of Human Services) and provided to all managers, will explore the concept of diversity in detail. The realities of a diverse workplace and the problem of discrimination will be addressed, and managers will be encouraged to recognize, understand, value and utilize the various ways in which people differ. Specific examples of prohibited discrimination, including religious discrimination, will be provided. Managers will be trained on how to avoid engaging in discrimination through use of the "FAIR" Way, which involves providing Feedback on expectations and how they are being met; supplying Assistance to enable employees to work to their fullest potential; ensuring the Inclusion of everyone, and giving Respect to all.

Consent Decree

Page 1 of Exhibit A to Consent Decree

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EXHIBIT "B"
Consent Decree

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NOTICE TO ALL EMPLOYEES
BLC OF TEXAS - II, L.P. IS FIRMLY COMMITTED TO MAKING EMPLOYMENT DECISIONS ACCORDING TO LEGITIMATE CRITERIA WITHOUT REGARD TO AN EMPLOYEE'SORAPPUCANT'SRACE,RELIGION,COLOR,NATIONALORIGIN,SEX,OR HA VING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POUCY APPLIES TO ALL EMPLOYMENT DECISIONS, INCLUDING RECRUITMENT, RETENTION, PROMOTION, TRANSFER, LAYOFF AND/OR TERMINATION, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. BLC OFTEXAS-II,L.P.WILLNOTTOLERATEDISCRIMINATIONOFITSEMPLOYEESBASED ON AN EMPLOYEE'S RELIGION OR BECAUSE AN EMPLOYEE FAILS TO CONFORM TO A RELIGIOUS BELIEF OR PRACTICE, AND FURTHER WILL NOT TOLERATE RETAUATION AGAINST AN EMPLOYEE WHO OBJECTS OR OPPOSES FORCED CONFORMITY WITH ANY REUGIOUS BELIEFS OR PRACTICES.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONALORIGIN,SEX,AGE,ORDISABILITY;ORTHATYOUAREBEINGSUBJECTED TO HARASSMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX,AGEORDISABILITY; OR THAT YOU ARE BEING RETALIATED AGAINST BECAUSE OF HA VINO ENGAGED IN TITLE VII-PROTECTED ACTIVITY, YOU ARE ENCOURAGED TO COMPLAIN TO THE COMPANY, AND YOU MAY SEEK ASSISTANCE FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 78229-3555, (210) 281-7600

Consent Decree

Page 1 of Exhibit B to Consent Decree

Case 1:02-cv-00627-SS Document 21 Filed 03/05/2003 Page 12 of 16
OR 1-800-669-4000. NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING
ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, REUGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL PAYACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES IN THE FEDERAL SECTOR; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991; AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.

Consent Decree

Page 2 of Exhibit B to Consent Decree

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EXHIBIT "C"
Consent Decree

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t

RELEASE AGREEMENT
thi~~ay oltb~03, This Release Agreement (the "Agreement") is entered into
by and between BLC of Texas - n, L.P., and its officers, employees, directors, agents, attorneys,
personal representatives, predecessors, successors, and assigns (hereinafter collectively referred to as "BLC") and Jessica C. Johnson-Shankle (hereinafter "Johnson-Shankle").
BLC and Johnson-Shankle agree and promise as follows: 1. In consideration for Johnson-Shankle's promises and representations contained herein, BLC agrees to pay Johnson-Shankle Fifteen Thousand Dollars ($15,000.00), which payment is made for alleged nonpecuniary injuries, and not as employee compensation. BLC will make the payment described in this paragraph by delivering to Johnson-Shankle a check made payable to Johnson-Shankle in the amoUIlt specified above. The check shall be delivered to JohnsonShankle either within 14 days after the Consent Decree to which this Agreement has been attached as Exhibit C has been entered by the Court, or within eight days of receipt by BLC of a fuBy executed original of this Agreement and an I.R.S. Form W-9 signed by Ms. Johnson-Shankle, whichever is later. 2. BLC will issue to Johnson-Shankle an I.R.S. Form 1099 relating to the payment described in Paragraph 1. Johnson-Shankle shall be responsible for paying any taxes, interest, penalties or other amounts due on the payment set forth in Paragraph 1, and shall indemnify ELC and hold it harmless for any taxes, interest, penalties, or other amounts which ELC becomes required to pay as a result of not withholding any taxes or other amounts from that payment, provided however, that, if it is ever determined that ELC failed to pay the employer's share of social security and/or medicare taxes relating to any part of the payment made in Paragraph 1, it shall

Consent Decree

Page 1 of Exhibit C to Consent Decree

Case 1:02-cv-00627-SS Document 21 Filed 03/05/2003 Page 15 of 16

remain liable for that share of the social security and/or medicare taxes (but not any interest or penalties thereon).
3. Johnson-Shankle hereby waives and releases BLC from, and agrees not to sue it for, any claims or causes of action which Johnson-Shankle may, as of the date of this Agreement, have against BLC for any claim arising out of or related to her application for employment with BLC, which formed the basis of the Charge of Discrimination filed by Johnson-Shankle and/or was asserted as a claim, cause of action, or demand in the matter captioned Equal Employment Opportunity Commission v. BLC ofTexas - II, L.P., Civil Action No. A02CA627SS.
4. It is agreed that neither this Agreement, nor the obligations undertaken by BLC hereunder, constitute, or shall be construed as, an admission of any wrongdoing of any kind by BLC. This Agreement is entered into solely to resolve this matter, avoid litigation, and end all controversies between Johnson-Shankle and BLC.
5. This instrument constitutes and contains the entire agreement and understanding between the parties concerning the subject matter of this Agreement, and supercedes all prior negotiations, proposed agreements, and understandings, if any, between the parties.

BY SIGNING BELOW, JOHNSON-SHANKLE ACKNOWLEDGES THAT SHE HAS

THOROUGHLY READ THIS AGREEMENT. SHE ALSO ACKNOWLEDGES THAT SHE HAS

FREELY AND VOLUNTARILYENTERED INTO THIS AGREEMENT WITHOUT COERCION

OF ANY KIND, AND THAT SHE FULLY UNDERSTANDS ALL OF THE PROVISIONS OF

THIS AGREEMENT.

~{ - 1~~~ ~Q2~~/~8-~~~_____

(/fessica C. Jo~kle

Date

Consent Decree

Page 2 of Exhibit C to Consent Decree

Case 1:02-cv-00627-SS Document 21 Filed 03/05/2003 Page 16 of 16
, '
The undersigned hereby certifies that Jessica C. Johnson-Shankle appeared before me and, under oath, stated that she has freely and voluntarily entered into this Agreement without coercion of any kind, that she fully understands all of the provisions of this Agreement, and that all of the representations, warranties, and other statements made by her, or to which she agreed, are true.
~~~
Notary Public
05!O 7!of-,
My Cor:unissidn Expires

Consent Decree

Page 3 of Exhibit C to Consent Decree

 
 Case 1:02-cv-00627-SS Document 22 Filed 03/05/2003 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

FILED n It i ! C i 'II ': i II 1':.1 ~J
2003 HR -5 ~iH 9: 31

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
BLC of Texas· II, L.P.,
Defendant.

§ § § §
§ Civil Action No. A·02·CA·627·SS
§ § § §

FINAL JUDGMENT ORDER ENTERING CONSENT DECREE

On this day came on to be heard the parties' Joint Motion to Enter Consent Decree.

After reviewing the Consent Decree, the Court finds that all issues in the Complaint have been

disposed of, that the parties are in agreement, and that the Consent Decree should be entered.

It is therefore ordered that the Consent Decree is hereby entered. The Court shall

retain jurisdiction to enforce the terms and conditions as set forth in the Consent Decree, which is

attached to the parties' Joint Motion to Enter Consent Decree.

!/~ Signed this

day of

lit""'" a

,2003.

 
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U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:02-cv-00627-SS

CLOSED

EEOC v. BLC of Texas - II, Assigned to: Honorable Sam Sparks Demand: $0 Cause: 42:2000 Job Discrimination (Religion)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 09/27/2002 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Cynthia M. Cano The Law Office of Jeffrey A. Goldberg 9901 IH-10 West Suite 690 San Antonio, TX 78230 (210) 690-2200 Fax: 210/690-0438 Email: cmc_goldberglaw@sbcglobal.net TERMINATED: 01/22/2003 LEAD ATTORNEY
Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Linda Gutierrez E.E.O.C. 5410 Fredericksburg Rd. 200 Mockingbird Plaza II San Antonio, TX 78229 (210) 281-7637 Fax: 210/281-7669 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office

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V.
Defendant
Brookdale Living Communities of Texas, Inc. also known as Brookdale Living Communities of Texas, Inc. doing business as Heritage At Gaines Ranch Retirement Community

5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Christy E. Phanthavong Ross & Hardies 150 N. Michigan Ave. Suite 2500 Chicago, IL 60601 (312)558-1000 Fax: 312/920-0334 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maria M. Stewart Brown, McCarroll, L.L.P. 111 Congress Ave. Suite 1400 Austin, TX 78701 (512) 472-5456 Fax: 512/479-1101 Email: mstewart@mailbmc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen B. Mead Ross & Hardies 150 N. Michigan Ave. Suite 2500 Chicago, IL 60601 (312)558-1000 Fax: 312/920-7245 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/27/2002 09/27/2002

#

Docket Text

Case assigned to Honorable Sam Sparks (td) (Entered: 09/30/2002) 1 Complaint filed. Filing Fee: $ wv (Pages: 5) (td) (Entered: 09/30/2002)

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09/30/2002 10/30/2002 11/06/2002 12/02/2002 12/02/2002 12/02/2002 12/02/2002 12/02/2002 12/09/2002 12/10/2002 12/12/2002 12/12/2002 12/19/2002 12/19/2002 01/08/2003 01/13/2003 01/13/2003 01/17/2003 01/22/2003
01/22/2003

Court file forwarded to Judge Sparks (td) (Entered: 09/30/2002)
2 Waiver of Service by Brookdale Living ; Notice and Request Mailed on 10/2/02 ; Answer due on 12/2/02 for Brookdale Living (mc2) (Entered: 10/31/2002)
3 Amended complaint by EEOC, amending complaint [1-1] (Pages: 5) (fe) (Entered: 11/07/2002)
4 Answer by Brookdale Living to amended complaint (td) (Entered: 12/03/2002)
5 Motion by Brookdale Living for Stephen B. Mead to appear pro hac vice (td) (Entered: 12/03/2002)
6 Motion by Brookdale Living for Christy E. Phanthavong to appear pro hac vice (td) (Entered: 12/03/2002)
Pro hac vice fee paid by Stephen B. Mead with Amount: $25.00 Receipt # 340633 (td) (Entered: 12/03/2002)
Pro hac vice fee paid by Christy E. Phanthavong with Amount: $25.00 Receipt #340634 (td) (Entered: 12/03/2002)
7 Motion by Brookdale Living for leave to file amended answer to first amended complaint instanter (rec'd amd ans) (td) (Entered: 12/09/2002)
8 Order that the parties confer and submit a proposed scheduling order to the Court by 2/4/03. (SS) (td) (Entered: 12/10/2002)
9 Order granting motion for Stephen B. Mead to appear pro hac vice [5-1]. (SS) (td) (Entered: 12/12/2002)
10 Order granting motion for Christy E. Phanthavong to appear pro hac vice [6-1]. (SS) (td) (Entered: 12/12/2002)
11 Order granting motion for leave to file amended answer to first amended complaint instanter [7-1]. (SS) (td) (Entered: 12/19/2002)
12 Amended answer to pltf's first amended complaint by Brookdale Living (td) (Entered: 12/19/2002)
13 Motion by EEOC to amend caption (td) (Entered: 01/08/2003)
14 Joint Recommendations for scheduling order by EEOC, Brookdale Living (fe) (Entered: 01/13/2003)
15 Notice of filing Joint Discovery/Case Management plan by EEOC, Brookdale Living (fe) (Entered: 01/13/2003)
16 Motion by EEOC to substitute attorney (Judith G. Taylor in place of Cynthia M. Cano) (td) (Entered: 01/17/2003)
17 Order granting motion to substitute attorney (Judith G. Taylor in place of Cynthia M. Cano) [16-1]; Cynthia M. Cano terminated; Judith G. Taylor added signed by Honorable Sam Sparks. (td) Modified on 01/23/2003 (Entered: 01/23/2003)
18 Order granting motion to amend caption [13-1] signed by Honorable Sam Sparks. (td) (Entered: 01/23/2003)

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01/31/2003
02/28/2003 03/05/2003 03/05/2003 03/05/2003

19 Scheduling order setting Joining of parties, amending of pleadings on 8/8/03; Deadline for filing of all motions 10/1/03; Discovery cutoff 9/17/03; Docket Call set for 11:00 10/31/03; Alternate Dispute Resolution Report due by 3/28/03, signed by Honorable Sam Sparks. (td) (Entered: 01/31/2003)
20 Joint motion by EEOC, BLC of Texas - II to enter consent decree (td) (Entered: 03/03/2003)
21 Order granting joint motion to enter consent decree [20-1] Consent Decree filed, signed by Honorable Sam Sparks. (td) (Entered: 03/06/2003)
22 Final Judgment Order Entering Consent Decree signed by Honorable Sam Sparks (Pages: 1) (td) (Entered: 03/06/2003)
Case closed (td) (Entered: 03/06/2003)

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