Case 6:00-cv-02249-TLM-MEM Document 28 Filed 09/09/2002 Page 1 of 6

U. S. DISTRICT COURT WESTERN DISTRICT Of LOUISIANA
FILED

SEP - 9 2002

:~BERT »HEMWELL, CLERK

DepUTY

U.S. EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

* CIVIL ACTION NO. * 01-1573 f'IN""t...;

VERSUS

Plaintiff,

*
** JUDGE M(,/~ ..

* MAGISTRATE JUDGE M ~VI·...

SOUTHWEST LOUISIANA PRIMARY

*

HEALTH CARE

*

*

*

Defendant.

*

**************************

CONSENT DECREE

On August 16, 2001, the Equal Employment Opportunity Commission ("the Commission")

instituted Civil Action Number 01-1573 in the United States District Court for the Western

District of Louisiana, charging Defendant, Southwest Louisiana Primary Heath Care

("Southwest") with violations of Sections 703(a)(I)and(2)and 704(a) of Title VII, as amended,

42 U.S.C. § 2000e-2(a)(I)and(2) and 2000e-3(a,) et seq. ("Title VII"), alleging that Defendant

employer engaged in unlawful employment practices at its Opelousas, Louisiana location. Said

unlawful employment practices were committed against Ms. Donna Derousselle. The unlawful

practices consisted of Defendant Employer permitting one of its physicians to sexually harass

Ms. Derousselle, and by doing so, creating a sexually offensive work environment. The unlawful

employment practices also consisted of retaliatory conduct and constructive discharge of Ms.

Derousselle.

Case 6:00-cv-02249-TLM-MEM Document 28 Filed 09/09/2002 Page 2 of 6
, ,
This Court consolidated Civil Action Number 00-2249 with Civil Action Number 01-1573. The United States Equal Employment Opportunity Commission and Southwest Louisiana Primary Health Care, as parties to this lawsuit, now wish to resolve all claims and controversies between them encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however, to the approval of this Court. Therefore, it is ORDERED, ADJUDGED, AND DECREED that: 1. This Court has jurisdiction over the subject matter of this lawsuit and over the parties to this lawsuit. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of which constitute a fair and equitable settlement. 3. The negotiation, execution and entry of this Decree will resolve any and all claims of Title VII violations brought by the Commission against Defendant, arising out of EEOC Charge Number 270-99-0446 and Civil Action Number 01-1573 4. Neither the negotiation, execution nor entry of this Decree shall constitute an acknowledgment or admission of any kind by Defendant, that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order. 5. This Decree relates only to the alleged violations raised in EEOC Charge Number 270-99-0446 and Civil Action Number 01-1573 filed by the Commission in the United States District Court for the Western District of Louisiana on August 16, 2001. 6. Defendant, its, owners, officers, agents, employees and successors or assigns shall not maintain or permit sexual harassment nor retaliation in the workplace against any person in
2

i

i

Case 6:00-cv-02249-TLM-MEM Document 28 Filed 09/09/2002 Page 3 of 6
their employ as complained of in EEOC Charge Numbers 270-99-0446 and Civil Action Number 01-1573.
7. Defendant, Southwest shall pay to Donna Derousselle the sum of FORTY SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS($47, 500. 00), as damages in full settlement of all claims of discrimination.
8. Defendant shall post conspicuously at its facility, within ten (10) days of the entry of this Decree, a poster detailing Title VII prohibitions against sexual harassment and retaliation and stating that employees who believe that they have been subjected to retaliation by a member of management, owner or a co-employee are encouraged to contact the United States Equal Employment Opportunity Commission to seek information or to file a charge of discrimination. The actual poster will be provided to Defendant by Plaintiff for posting. The notices will be posted for a period of one year. Thereafter, copies of the poster entitled, "Equal Employment Opportunity is the Law" (GPO 920-752) will be permanently posted in place of the notices.
9. Defendant, shall provide the Commission, within thirty (30) days of the entry of this Decree, with a copy of its current policy against sexual harassment and retaliation in the workplace and certify to the EEOC that a copy of this policy has been distributed to each of its employees and owners. Defendant also shall certify to the EEOC, within sixty (60) days of the entry of this Decree, that its policy prohibiting sexual harassment and retaliation has been distributed to each of its employees.
10. Within 30 days of the entry of this Decree, Defendant, shall provide training on sexual harassment and retaliation in the workplace to all of its employees, independent medical contractors, including physicians and owners and specifically to include Ms. Dodie LaMothe.
3
I I f II

Case 6:00-cv-02249-TLM-MEM Document 28 Filed 09/09/2002 Page 4 of 6
"
Defendant shall certify to the EEOC, that all employees and owners have received this training within 10 days following the completion of the required training.
11. Defendant, shall comply with the prohibition against retaliation provisions under Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, and all other provisions of this Act. Defendant specifically shall not retaliate against any present or former employee who was a party to or a witness in this proceeding, including, but not limited to, providing adverse job references to prospective employers, employment agencies or credit reporting agencies or by taking any adverse employment action with respect to such individual affecting his or her pay, rights, or status as an employee.
12. Defendant agrees to provide the Commission with a written report, at six month intervals beginning six months after the execution of this Decree, setting forth all instances in which any person has complained of sexual harassment or retaliation under the policy described in paragraph 9, above, and setting forth an explanation of the disposition of such complaints, and attaching all documentation pertaining to each request, and its disposition, including but not limited to all statements taken during the course of the investigation of such complaints.
13. Defendant shall remove, within fifteen (15) day of the entry of this Decree, from its records and files any notation, remarks, or other indications evidencing that the services performed by Donna Derousselle, while employed by Defendant, were other than or anything less than satisfactory.
14. In the event that Defendant fails to perform its obligations herein, Plaintiff EEOC is empowered to enforce this Consent Decree through the applicable judicial enforcement procedures and to seek sanctions which may be due as a result of the need to enforce this Decree.
4

. .., Case 6:00-cv-02249-TLM-MEM Document 28 Filed 09/09/2002 Page 5 of 6
< •

15. This Consent Decree will remain in force for three (3) years from the date of entry

of the Decree.

16. Should any provision of this Decree be declared or be determined by any Court to

be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected

thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this

Decree.

17 The Decree sets forth the entire agreement between the Commission and Defendant,

and fully supersedes any and all prior agreements or understandings between the Commission and

Defendant, pertaining to the subject matter herein.

18. The Commission and the Defendant will each bear their own attorney's fees and

costs incurred in connection with the litigation of this case.

19. The Court shall retain jurisdiction of this action for purposes of enforcing this decree,

if necessary.

IT IS SO ORDERED.

r;,-rZ o~, Lafayette, Louisiana, this

day

2002.

BY ----..!~~~r;~~~~~-
COPY ____~~~~~~--------
5

. . . • " '. t Case 6:00-cv-02249-TLM-MEM Document 28 Filed 09/09/2002 Page 6 of 6

~ ,

/'"

,

BY CONSENT:
ATTORNEYS FOR PLAINTIFF:
Gwendolyn Y. Reams Associate General Counsel

KEITH T. HILL Regional Attorney

The Onebane Firm 102 Versailles Blvd. Suite 600 Lafayette, Louisiana 70501

JEFFREY T. AGULAR Supervisory Trial Attorney La. Bar Roll No. 2355

ATTORNEY FOR DONNA DEROUSSELLE

_ /2JiA~~

/

~IC~AEL S. O'BRIEN

Trial Attorney

La. Bar Roll No. 10139

La. Bar Roll No. 16784

The Goode Law Firm

EQUAL EMPLOYMENT OPPORTUNITY

812 Johnston Street

COMMISSION

Lafayette, Louisiana 70502

New Orleans District Office

701 Loyola Avenue, Suite 600

New Orleans, Louisiana 70113

Telephone: (504) 589-2011

(504) 589-6817

PAG/SWCD02 6

 
 Case 6:01-cv-01573-TLM-MEM

Document 1

Filed 08/16/2001

Page 1 of 6
U.S. DISTRICT COURT WESTERN DISTRICT Of LOUISIANA
FIUD

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOmSIANA
LAFAYETTE-OPELOUSAS DIVISION

AUG 1 6 2001 / '

C V O I - 1 5 7 3 t ECQOUMAMLIESSMIOPLNO, YMENTOPPORTUNIRTY Ct\'>J) t-,0
a l\'}\'}\

L

Plaintiff,

JUDGE I 1\'0\" '\. 'f o..'C.?-\
t" " sr\'-~'l'i'CQ~.\,-~\.S.\o"\'\\\':'J\1ff>>..1"I CIVIL ACTION NO.

rL-IJA

v. SOUTHWEST LOmSIANA

PRIMARy~'C.'?2-lo~~0\?.??--J't\-p"\)'t\~"o'\'9i)\1\V"

\-ov

COMPLAINT

HEALTH CARE CENTER, INC.

)

JURY TRIAL

Defendant.

)

MAGISTRATE JUDGE HIT

-------------------------------)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Donna S. Derousselle, the Charging Party, who was adversely affected by such

practices. The Commission alleges that Ms. Derousselle was sexually harassed by a physician

employed by Defendant, Southwest Louisiana Primary Health Care Center, Inc. (the "Employer" or

"Defendant"). The Commission also alleges that Ms. Derousselle was retaliated against in the

terms and conditions of her employment. As a result of the sexual harassment, the conditions of her

employment were so intolerable that Ms. Derousselle was forced to resign her position. The

Commission also alleges that at least two other women were subjected to a sexually hostile work

environment by the same physician.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343

and 1345. This action is authorized and instituted pursuant to 706(f)(1) and (3) of Title VII of the

CD

d , I

I:
Case 6:01-cv-01573-TLM-MEM Document 1 Filed 08/16/2001 Page 2 of 6
Civil Rights Act of 1964, as amended, 42 U.S.C. See § 2000e-5(f)(1) 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 Louisiana.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (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 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Southwest Louisiana Primary Health Care Center, Inc. (the "Employer"), was doing business in the State of Louisiana and the City of Opelousas, and continuously had at least 15 employees. 5. At all relevant times, Defendant Employer was 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 CLAIM:S 6. More than thirty days prior to the institution of this lawsuit, Ms. Derousselle filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least May 1998 , Defendant Employer has engaged in unlawful employment practices at its Opelousas, Louisiana location, in violation of Section 703(a)(I)and(2) AND 704(a) of Title VII, 42 U.S.C. § 2000e-2(a)(1)and(2) and 2000e-3(a). Said unlawful employment practices
2

Case 6:01-cv-01573-TLM-MEM Document 1 Filed 08/16/2001 Page 3 of 6
were committed against Ms.Derousselle, and other similarly situated individuals. The unlawful practices consisted of Defendant Employer permitting one of its physicians to sexually harass Ms.Derousselle, and other similarly situated individuals and by doing so, creating a sexually offensive work environment. The unlawful employment practices also consisted of retaliatory conduct and constructive discharge of Ms. Derousselle.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms. Derousselle, and other similarly situated individuals, of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Ms. Derousselle, and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its successors, officers, assigns, and all persons inactive concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex or retaliation. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects ofits past unlawful employment practices.
3

Case 6:01-cv-01573-TLM-MEM Document 1 Filed 08/16/2001 Page 4 of 6

C. Order Defendant Employer to make whole Ms. Derousselle and other similarly

situated individuals by providing appropriate backpay 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 front pay to Ms. Derousselle; and, front pay

andlor backpay, as appropriate, to the other similarly situated individuals who were also sexually

harassed.

E. Order Defendant Employer to post and keep posted notices in accordance with the

provisions of Section 711(a) of Title VIT, 42 U.S.C. § 2000e-1O(a).

G. Order Defendant Employer to make whole Ms. Derousselle, and other similarly

situated individuals, by providing compensation for past and future pecuniary losses resulting from

the unlawful employment practices described in paragraph 7 above, including job search expenses

and medical expenses not covered by the Employer's employee benefit plan.

H. Order Defendant Employer to make whole Ms. Derousselle, and other similarly

situated individuals, by providing compensation for past and future non-pecuniary losses resulting

from the unlawful practices complained ofin paragraph 7 above, including emotional pain, suffering,

inconvenience, loss of enjoyment of life, loss of income, and humiliation, in amounts to be

determined at trial.

1.

Order Defendant Employer to pay Ms. Donna Derousselle and other similarly situated

individuals, punitive damages for its malicious and reckless conduct described in paragraph above,

in amounts to be determined at trial.

J. interest.

Grant such further relief as the Court deems necessary and proper in the public

K. Award the Commission its costs of this action. 4

Case 6:01-cv-01573-TLM-MEM Document 1 Filed 08/16/2001 Page 5 of 6
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
GWENDOLYN REAMS Associate General Counsel No Bar Roll Number Assigned
~cf~ KEITH. Regional Attorney E. D. Bar Roll Number 15200000
S ervisory Trial Attorney /-----E:-B"-Bar Roll Number 2355
l_/.~~
Senior Trial Atto y E. D. Bar Roll No. 16784
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Telephone: (504) 589-2011
(504) 589-6817 Facsimile: (504) 589-2805

5

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . --------------------------------------~----

'~_"~·i-"~W

.~~

. Case 6:01-cv-01573-TLM-MEM Document 1 Filed 08/16/2001 Page 6 of 6
"
PLEASE SERVE: Dalton Belton, Jr. Agent for Service of Process for Southwest Louisiana Primary Health Care Center, Inc. 255 Sunset Strip Sunset, La 70584
6

 
 ~" Case 6:00-cv-02249-TLM-MEM Document 26 Filed 05/30/2002 Page 1 of 2

v e l ) "~

1"'"

{~ ~ '( i t: ~"

~NJIrJ-~!""- _'_ ;: !

MAY 2 B20G2 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA WREO~;Pf~R;{TN !1)-1is.,\:n'iuHci:\rviO~vflLLL,OiCJILSEIARK,tLAFAYETTE-OPELOUSAS DIVISION
SIlI~E1iEt'or" f, LOJIS!ANA

WE3~E! LED USDC ROBERT

H.

S~EMDISTR'CT

OF

LA

DATE

~

WEll,
3'<::)1

~CL<ELR-K

a y

-=.:::::E':=_-~~_._.._::_-::::

DONNA S. DEROUSSELLE

CIVIL ACTION NO.: CV 00-2249

VERSUS

JUDGE MELANCON

SOUTHWEST LOUISIANA PRIMARY HEALTH CARE CENTER, INC. and DR. MARK ST. CYR

MAGISTRATE JUDGE METHVIN

CONSOLIDATED WITH

EQUAL EMPLOYMENT OPPORTUNITY CIVIL ACTION NO.: CVOl-1573 COMMISSION

VERSUS

JUDGEHAIK

SOUTHWEST LOUISIANA PRIMARY HEALTH CARE CENTER, INC.

MAGISTRATE JUDGE HILL

FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE

Considering the Plaintiffs Motion to Dismiss with Prejudice submitted in the above-

captioned lawsuit and finding good cause for the granting of same:

IT IS ORDERED, ADJUDGED AND DECREED that the above-captioned lawsuit and

all of the Plaintiffs claims and causes of action asserted in the above-captioned lawsuit against

Southwest Louisiana Primary Healthcare, Inc., and Dr. Mark St. Cyr, the Defendants, be and

are hereby dismissed with prejudice.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the parties bear

2frK ~ hernus/%wnc sts'inclu~n~~

~c1

372nsf!( t)6 2,

~ dl{]j2
u,5,JuJ-K-

. ..~ Case 6:00-cv-02249-TLM-MEM Document 26 ) ,,...., ",'

/30/2002 Page 2 of2

THUS DONE AND SIGNED on this Lafayette, Louisiana.

day of -----~

002, in

UNITED STATES

372058 1

 
 Case 6:00-cv-02249-TLM-MEM Document 10 Filed 10/12/2001 Page 1 of 1

FILED

UNITED STATES DISTRICT COUR'PSDc• WESTERN DISTRICT OF LA
ROBERT H. SHEMWELL, CLERK
WESTERN DISTRICT OF LOUISIANA DATE /t!> l /~ I t1 c:.

LAFAYETTE-OPELOUSAS DIVISION BY

~~

Derousselle

Civil Action 00-2249

versus

Judge Tucker L. Melanyon

Southwest LA Primary, et al

Magistrate Judge Mildred E. Methvin

EEOC

Civil Action 01-1573

versus

Judge Richard T. Haik

Southwest LA Primary Health Care Center

Magistrate Judge C. Michael Hill

ORDER

IT IS ORDERED that Civil Action No.00-2249 and Civil Action No. 01-1573

are hereby consolidated and all pleadings are to be docketed in Civil Action No.OO-

2249. Counsel are instructed to file all future pleadings in Civil Action No.00-2249.

The undersigned Judge will remain assigned to these consolidated cases.

THUS DONE AND SIGNED in Lafayette, Louisiana, on this 12th day of

October, 2001.

Tucker L. Melanyon United States District Judge

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?763674891618698-L_9...
CLOSED, MEMBER
U.S. District Court Western District of Louisiana (Lafayette) CIVIL DOCKET FOR CASE #: 6:01-cv-01573-TLM-MEM

E E O C v. Southwest LA Primary Assigned to: Judge Tucker L Melancon Referred to: Honorable Mildred E Methvin Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Southwest Louisiana Primary Health Care Center Inc

Date Filed: 08/16/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Pamela Alfred-George E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffery T Agular E E O C 701 Loyola Ave Ste 600 New Orleans, LA 70113 504-589-6817
Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381
represented by Gregory K Moroux Onebane Law Firm P O Box 3507 Lafayette, LA 70502-3507 337-237-2660 Fax: 266-1232 ATTORNEY TO BE NOTICED

1 of 3

6/7/2007 11:53 AM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?763674891618698-L_9...

Date Filed 08/16/2001 08/16/2001 08/16/2001 10/12/2001
10/12/2001 10/12/2001 10/12/2001
10/12/2001 01/24/2002 02/22/2002 09/03/2002
09/09/2002

#

Docket Text

Amount of fee $0/USA PLAINTIFF. (Mitchell, S) (Entered: 08/22/2001)
CASE ASSIGNED to Magistrate Judge C Michael Hill for Discovery (Dean, S) (Entered: 08/24/2001)
1 COMPLAINT filed; jury demand (Dean, S) (Entered: 08/24/2001)
2 COPY OF ORDER consolidating case w/00cv2249. (Original of this document is pleading #10 in lead case 6:00cv2249 (signed by Judge Tucker L Melancon) NOE by fax: rw (Berry, D) (Entered: 10/17/2001)
CASE reassigned to Judge Tucker L Melancon (Berry, D) (Entered: 10/17/2001)
CASE reassigned to Magistrate Judge Mildred E Methvin (Berry, D) (Entered: 10/17/2001)
CONSOLIDATED Member Case. Lead Case Number: 6:00cv2249 ALL FUTURE NUMBERED PLEADINGS WILL BE FOUND IN LEAD CASE. (Berry, D) (Entered: 10/17/2001)
3 ORDER consolidating cases 6:00cv2249 and 6:01cv1573 . (signed by Judge Tucker L Melancon) NOE by: rw by fax (Dean, S) (Entered: 10/17/2001)
Case closed (McDonnell, D) (Entered: 05/10/2002)
30 DAY JUDGMENT of dismissal (signed by Judge Tucker L Melancon). NOE by: dm (Original filed in 6:00cv2249) (McDonnell, D) (Entered: 02/25/2002)
MOTION by E E O C, Southwest LA Primary to dismiss this matter with Proposed Consent Decree referred to Judge Tucker L Melancon (Berry, D) (Entered: 09/03/2002)
CONSENT DECREE granting [0-1] motion to dismiss this matter resolving all claims and controversies between them encompassed by this lawsuit without the burden expense or delay of further litigation with each party bearing their own attorney's fees and costs incurred in connection with the lititation of this case (signed by Judge Tucker L Melancon) NOE by dm. (McDonnell, D) (Entered: 09/11/2002)

2 of 3

PACER Service Center

Transaction Receipt

06/07/2007 11:53:17

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

6:01-cv-01573-TLM-MEM

Billable Pages:

2

Cost:

0.16

6/7/2007 11:53 AM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?763674891618698-L_9...

3 of 3

6/7/2007 11:53 AM