CasCea3s:e061-:c3v3--0a4v5-9060-0M01LC-JDJHocumDeonctu3m2e9n-1t 1-1FiledFi0le9d/2079//22070/26006PagPea1geof16of 6

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

Plaintiff,

:

:

v.

:

:

VENTIV PHARMA SERVICES,

:

a Division of Ventiv Health, Inc, now

:

known as inVentiv Pharma Services, a

:

Division of inVentiv Health, Inc.,

:

:

Defendant.

:

:

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

Civ.

( )

COMPLAINT

JURY TRIAL DEMANDED

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, and Title I of the Civil Rights Act of 1991 to correct unlawful discrimination on the basis of sex (pregnancy), and to provide appropriate relief to Charging Party Lisa Lewis (“Lewis”) and a group of similarly situated female employees who were adversely affected by such practices. The Equal Employment Opportunity Commission contends that since at least 2003, Defendant Ventiv Pharma Services, a division of Ventiv Health, Inc., now known as inVentiv Pharma Services, a division of inVentiv Health, Inc., (“Defendant”), engaged in sex discrimination by treating pregnant employees less favorably than non-pregnant employees and impermissibly denied leave time to and then terminated Lewis and other similarly situated pregnant women in its nationwide sales force who requested leave of more than six weeks, while granting such leave to non-pregnant employees who took leave for medical reasons, as described with greater particularity below.

CasCea3s:e061-:c3v3--0a4v5-9060-0M01LC-JDJHocumDeonctu3m2e9n-1t 1-1FiledFi0le9d/2079//22070/26006PagPea2geof26of 6
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 Section 706(f)(1) and 706(f)(3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the District of New Jersey.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (“the Commission” or “the EEOC”), is an 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), 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, Defendant, a Delaware corporation, has continuously been doing business in the State of New Jersey, with its corporate headquarters located in Somerset, New Jersey, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b),(g), and (h). 6. At relevant times, Defendant was an employer of Lewis.
2

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STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Lewis filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least February 2003 until the present, and continuing, Defendant has engaged in unlawful employment actions at its corporate headquarters in Somerset, New Jersey and with its nationwide sales force, in violation of Section 703 of Title VII, 42 U.S.C. §2000e-2. These practices include, but are not limited to:
a. discriminating against Lewis and similarly situated pregnant employees in its nationwide sales force who are not covered by the Family Medical Leave Act by denying Lewis and other pregnant employees leaves of absences in excess of six weeks, while granting similar and longer leaves to a larger group of non-pregnant employees who needed leaves for other medical reasons and who also are not covered by the Family Medical Leave Act.
b. terminating Lewis and other similarly situated pregnant employees in its nationwide sales force who are not covered by the Family Medical Leave Act who took leaves of more than six weeks while not terminating nonpregnant employees who took such leaves and who also are not covered by the Family Medical Leave Act.
9. The effect of the practices complained of above has been to deprive Lewis and a class of similarly situated former and current employees of equal employment opportunities, and otherwise adversely affect their status as employees on the basis of sex (pregnancy).
10. The unlawful employment practices complained of above were intentional. 11. The unlawful employment practices complained of above were done with malice and/or reckless indifference to the federally protected rights of the aggrieved employees and other similarly situated employees.
3

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12. Lewis and the aggrieved employees have suffered and will continue to suffer physical and emotional pain, including, but not limited to, mental anguish, humiliation, embarrassment, inconvenience and loss of enjoyment of life as a result of Defendant’s discriminatory conduct described above.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, 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 pregnancy. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for pregnant women, including, but not limited to, providing leave benefits in a non-discriminatory manner to pregnant employees. C. Order Defendant to make whole Lewis and all those individuals adversely affected by the unlawful employment practices described above, by providing appropriate backpay and other benefits with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Lewis and the aggrieved individuals. D. Order Defendant to make whole Lewis and all those individuals adversely affected by the unlawful employment practices described above by providing compensation for past and future pecuniary losses, including, but not limited to, medical expenses in amounts to be determined at trial.
4

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E. Order Defendant to make whole Lewis and all those individuals adversely affected by the unlawful employment practices described above by providing compensation for past and future non-pecuniary losses, including, but not limited to, pain and suffering, mental anguish, inconvenience and loss of enjoyment in life, in amounts to be determined at trial.
F. Order Defendant to make whole Lewis and all those individuals adversely affected by the unlawful employment practices described above, by providing punitive damages against Defendant for its malicious and reckless conduct, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a trial by jury on all questions of fact raised by its Complaint. Dated: New York, New York September 27, 2006
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ronald S. Cooper General Counsel James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
5

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______s/Elizabth Grossman_____________ Elizabeth Grossman Regional Attorney ______s/Judy Keenan__________________ Judy Keenan Acting Supervisory Trial Attorney ______s/Michael Ranis_________________ Michael B. Ranis (#3757) Trial Attorney New York District Office 33 Whitehall Street, 5th Floor New York, N.Y. 10004 (212) 336-3701 michael.ranis@eeoc.gov
6

 
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e Case 3:06-cv-04596-MLC-JJH Document 11

Filed 03/18/2008 Page 1 of 22

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
_ _ _ _ ~r--- r _ _ _ _ _ _ _ _ • _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ ~~r _ _ _ _ _ _ _ .~ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ -
EQUAL EMPLOYMENT OPPORTUNITY
COMMISS ION,

96-CV·04596 (MLC) (JlH)

Plaintiff,

CONSENT DECREE

v.

VENTIV PHARMA SERVICES, A Division of Ventiv Health, Inc, now known as inVcntiv Pharma Services, a Division ofinVentiv Health, Inc.,
Defendant.

RECEIVED
MAR 1 8 2008

CONSEN.T DECREE

,.,T8:30_

• M.

WIlliAM T. WALSH

CLERK

This action was initiated on Or about September 27, 2006 by Plaintiff Equal Employment

Opportunity Commissjon C'EEOC'), an agency of the United States Government, alleging that

defendant Ventiv Pharma Services, a division of Ventiv Healtht Inc., now known as inVentiv Pharma Services, a division of inVentiv Health, Inc. (collectively rldefendantll) engaged in

unlawful discrimination against a group of female individuals based on their pregnancy, by

subjecting them to differential treatment and tennination, while not treating non-pregnant

employees in a similar manner, in violation of Title VII of the Civil Rights Act of 1964 and Title

I of the Civil Rights Act of 1991. Specifically, EEOC alleged that defendant terminated the

employment of a pregnant employee, Lisa Lewis, and similarly situated pregnant employees in

its nationwide sales force who are not covered by the Family Medical Leave Act Cc1aimantsll),

by denying them and other pregnant employees leaves of absences in excess of six weeks, while

failing to terminate the employment of a larger group of non-pregnant employees also not

1

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•,,,

Case 3:06-cv-04596-MLC-JJH Document 11

Filed 03/18/2008 Page 2 of 22

covered by the Family Medical Leave Act who needed leaves for other medical reasons. On November 8; 2006 defendant filed its Answer to the EEOC Complaint in which it
denied that it had committed any of the violations alleged by the EEOC. Although defendant denies the allegations in the EEOC's Complaint, the EEOC and
defendant (the "parties") have agreed that it is in their mutual interest to settle the claims in the
EEOC's Complaint in order to avoid protracted litigation. The parties therefore stipulate to entry
of this Decree as final and binding between the parties and defendant's successors, assigns, subsidiaries, affiliates, purchasers, and any other corporation or entity into which defendant may merge or with which it may consolidate, and any other corporation or entity that purchases or acquires defendant. The parties have agreed that this Decree may be entered into without Findings of Fact and Conclusions of Law having been made and entered by the Court.
In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and it is therefore ORDERED, ADJUDGED AND DECREED that:
A. GENERAL PROVISIONS
1. This Decree resolves all issues raised in EEOC Charge Number 253-2005-02856 and in EEOC's Complaint in this case. This Decree in no way affects EEOC's right to process any other pending or future charges that may be filed against defendant and to commence civil actions on any such charges as EEOC Sees fit.
2. The parties agree and the Court finds that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met.
3. This Decree is not an admission by defendant of any liability. By entering into
this Consent Decree, defendant does not admit, either expressly or impliedly that it has violated
2

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 3 of 22
any federal, state or local law, or that it has any Iiahility under the above-referenced charge or the EEOC's Complaint.
4. Defendant will not contest the validity of this Decree nor lhe jurisdiction of the United States District Court to enforce this Decree and its teons, and will not contest the right of EEOC to bring enforcement proceedings upon the breach of any of the terms of this Decree by defendant.
5. If the EEOC has reason to believe that defendant has violated this Decree, the EEOC shall so notify defendant in writing, unless any delay through notification would adversely harm the public interest. After receipt of written notification by the EEOC, defendant will then have ten (10) working days in which to correct the problem or refute the EEOC's allegation(s). at the expiration of which time period the EEOC shall have the right to apply to the Court for appropriate relief.
6. Defendant will provide notice and a copy of this Decree to any successors, assigns, sUbsidiaries, affiliates, purchasers, and to any other corporation or other entity into which defendant may merge or with which it may consolidate, and to and any other corporation or entity that purchases or acquires defendant.
7. Defendant, its managers, officers, agents, successors, assigns, subsidiaries, affiliates, purchasers, and any other corporation or entity into which defendant may merge or with which it may consolidate~ and any other corporation or entity that purchases or acquires defendant are enjoined from discriminating against any individual because of that individualIS sex and are enjoined from retaliating against claimants or any other individual because of participation in this matter in any way, or because of her or his assertion of rights under Title VII.
3

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Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 4 of 22

B. MONETARY RELIEF
8. Within 10 days of entry of this Decree and following receipt by defendant of a
SetUement and Release Agreement from Lisa Lewis in conjunction with Civil Action No. 2-06CV-00286 previously pending in the United States District Court for the Eastern District of Tennessee, and subsequently transferred to the United States District Court for the District of New Jersey (Civil Action No. 07-4639 (WJM)), defendant will pay claimant Lisa Lewis $52,000 as payment to be made as fonows:

a.

$ 5~OOO to Lisa Lewis, in two checks: one payable Lo Lisa Lewis in the

sum of $26,000 for backpay from which all applicable employee taxes and

Social Security, FICA, and other federal contributions will be deducted, as

detailed in a W~2 statement to be provided at the end of the tax year; a

second check payable to Lisa Lewis in the sum of $26,000 for

compensatory damages without any deduction of the above-referenced

employee taxes, and with a 1099 form to be provided at the end of the Lax

year designating such payment as non~wage income.

b. The checks will be sent to Usa Lewis in care of her attorney, F. Braxton Terry, Terry, Terry and Stapleton, 916 West First North Street, PO Box 724, Morristown, Tennessee 37815, together with appropriate tax forms, and will simultaneously send a copy of the checks comprising the payment
described in this paragraph to Michael Ranis, EEOC New York District Office, 33 Whitehall Street, 5th Floor, New York, New York 10004.

9. Defendant will be responsible for paying its portion of applicable payroll taxes.

C. WRITTEN POLICIES AND PROCEDURES 10. Within 10 days of entry of this Decree, defendant will adopt and maintain the

Anti-DiscriminaUon Policy attached as Exhibit A prohibiting discrimination on the basis of sex

and pregnancy under Title VII. That policy specifies that defendant will grant all benefits and

other terms and conditions of employment on a non-discriminatory basis to pregnant and non-

pregnant employees, regardless of the protections afforded or not afforded to any particular

employee under the Family Medical and Leave Act.

4

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Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 5 of 22

11. Within 10 days of entry of this Decree, defendant will adopt and maintain the procedures attached as Exhibit B for receipt and handling of requests for leave of absence from defendant's Field Sales Force. including field sales representatives and field sales managers (collectively "field sales employees").
12. Within 10 days of entry of this Decree, defendant will distribute by electronic mail a copy of the written policies and procedures set forth in Exhibits A and B to all of its field sales employees, and win distribute a copy of the written policies and procedures to all field sales employees hired thereafter within five days of the commencement of their employment.
1j'I/l.-13. On or before k~ ~q ~ 2008, defendant will adopt and maintain the procedures attached as Exhibit C for a central database to maintain records regarding requests for leave for any reason by field sales employees, defendant's action On such request) and defendant's decisions regarding leaves requested for pregnant employees compared with decisions regarding leaves requested for nonpregnant employees, in order to ensure that pregnant employees are not treated less favorably than non-pregnant employees. The database and records are to be maintained by Ms. Tristen Hertstrom, defendant's Chief Resource Officer. Within five (5) working days after defendant's VvTitten request by EEOC, defendant win produce the database and records to EEOC for inspection by EEOC.
D. TRAINING 14. Within three months of entry of this Decree, defendant will submit to EEOC for approval a copy of the on-line training program to be utilized for field sales employees and tleld sales managers. The on-line training will address the rights of employees and responsibilities of employees under federal anti-discrimination laws and how such laws define unlawful discrimination. The on-line training will include examples of unlawful pregnancy discrimination, including unJawful discrimination regarding granting leave to pregnant
5

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 6 of 22
employees) will also cover defendant's policies and procedures attached as Exhibits A and B. The on-line training for field sales manager will also discuss how defendant uses the database
described in ~13 above and Exhibit C. The on-line training will be developed and provided by
an outside consultant. In addition to the actual on~line training program, defendant will submit to the EEOC for approval infonnation on the qualifications regarding the outside consultant retained by defendant.
15. Within 10 days of receipt of written notification that the on-line training has been
approved by the EEOC, defendant will provide the on-line training to its fleld sales employees
and managers. Defendant will thereafter provide new field sales employees and managers with such training within 10 days of the date of hire or promotion. The on-line training must be repeated one year later for all field sales employees and managers for the duration of the Decree.
16. Within 10 days of the completion of each training session referenced in ~1l14~15
above, defendant will provide EEOC sign-in sheets or similar documentation showing who
attended the training(s), the job title of each such individual, and indicate the subject matter of the training and its beginning and ending time.
E. ADDITIONAL NOTICES AND POSTING 17. Within 10 days of entry of this Decree, defendant will post and maintain the
EEOC poster in each of its facilities in conspicuous places where field sales employee notices are posted.
18. Within 10 days of entry of this Decree, defendant will post and maintain a remedial Notice pursuant to this Decree, a copy of which is attached as Exhibit D, printed on EEOC letterhead, in each of its facilities in conspicuous places where field sales employee
notices are posted. lL will also provide the Notice to all of its field sales employees by electronic
6

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 7 of 22
,\ ,!
mail, in the same manner that it provided its written policies and procedures to its field sales employees referenced in ~12 above.
19. Within 10 days of entry of this Decree, defendant will post and maintain a copy of its Anti-Discrimination Policy attached as Exhibit A, together with a copy of the procedures attached as Exhibit B for receipt and handling of requests for leave, in each of its facilities in conspicuous places where field sales employee notices are posted.
F. ADDITIONAL MONITORING BY EEOC 20. EEOC may monitor defendant's compliance with this Decree during the duration of this Decree. in addition to the monitoring provisions set forth elsewhere in this Decree, EEOC may monitor compliance during the duration of this Decree by inspection of defendant1s premises, records, and interviews with field sales employees at reasonable times within five (5) working days after defendant's receipt ofa written request by EEOC. 21. Every six months for the duration of this Decree~ defendant wiJI provide reports lo EEOC regarding any complaints by field sales employees about discrimination on the basis of sex, including complaints of pregnancy discrimination, whether those complaints arc made
formally or infonnally or orally or in writing. If defendant receives a complaint in writing,
defendant will furnish thal written complaint as part of the report to EEOC. The reports, at a minimum, will contain the name(s) of the persons making the complaint; the name(s) of the person allegedly engaging in discriminatory conduct, a summary of the steps taken during the investigation, the results of the investigation, and any disciplinary action taken.
22. All materials required by this Decree to be sent to EEOC will be addressed to: Equal Employment Opportunity Commission New York District Office - Legal Unit Attention: Michael Ranis, Trial Attorney 33 Whitehall Street) 5th Floor New York, NY 10004-2112
7

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Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 8 of 22

A. DURATION OF DECREE 23. This Decree wiU remain in effect for two years from the date of entry, The court retains jurisdiction over this action during the duration of this Decree. The matter may be administratively closed but will not be dismissed during the duration of this Decree. Within 30 days after the date set for the expiration ofthis Decree, the parties will submit a stipulation of dismissal with prejudice to the court. SO ORDERED, ADJUDGED AND DECREED on.---'_---..;;~...A...i'____, 2008.

APPROVED IN FORM AND CONTENT:

EQUAL EMPLOYMENT OPPORTUNITY DEFENDANT VENTIV PHARMA

COMMISSION

SERVICES

ELlZAB TH GROSSMAN
Regional Attorney
JUDy KEENAN Supervisory Attorney

NORRIS. McLAUGHLIN & MARCUS. PA P.O. Box 1018 Somerville. New Jersey 08876 (90 722-0700

MICHAEL B, RANIS (3757)

_--'"" en Herrstrom, ief esource Officer

Trial Attorney

VENTIV PHARMA SERVICES

EQUAL EMPLOYMENT OPPORTUNITY

COMNIISSION New York District Office

33 Whitehall Street New York, NY 10004

(212) 336-3701

DATED: 2 ( , z./GOOg

DATED:----2-----1----0--8---------

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 9 of 22
"

LIST OF EXHIBITS TO CONSENT DECREE

Exhibit A: Exhibit B:
Exhibit c:
Exhibit D:

Anti-Discrimination Policy Procedures on Receipt and Handling of Requests for Leave of Absence or Disability Period Procedures for Database Remedial Notice by EEOC

9

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 10 of 22
m
)(
a=:::T
;:::;:

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 11 of 22
commercial
Policy: The Company is fully committed to the concept and practice of equal employment opportunity and affirmative action in all aspects of employment. Pursuant to this commitment, the Company practices personnel policies that are in complete accord with federal and state equal employment opportunity laws, forbidding any type of discrimination against its employees or joh applicants. The Company does not discriminate with regard to race, religion, sex, pregnancy, age, national origin, disability, veteran status or sexual orientation. The Company will grant all benefits, including but not limited to leaves of absence and/or sick leaves, and other terms and conditions of employment on a non-discriminatory basis to pregnant and non-pregnant employees. The Company expects that each employee will respect every other employee. Derogatory comments about someone!s background or harassment of any kind willoot be tolerated. It is the Company!s policy that employment and employment opportunities should be based on an individual!s qualifications and competence to perform the job, without regard to the individuaPs race, religion, sex, pregnancy, agel national origin, disability or veteran status or sexual orientation. This policy applies to all aspects of the employment relationship including hiring, termination, promotion, transferI training) and wage and salary administration.

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 12 of 22

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 13 of 22
commercial
Policy: The Company understands the need for employees to be afforded time off for extended leave due to personal medical reasons, as well as for certain family situations. inVentiv Commercial Services will comply with the Federal Family Medical Leave Act (FMLA)~ Title VII of the Civil Rights Act of 1964, and state regulations in our administration of these policies. Time Off With Pay: All accrued-paid time off must be used prior to being granted an unpaid leave. Vacation time is NOT accrued while an employee is on a disability, military, family! or any other leave of absence other than vacation, sick, holiday, floating holiday, paid bereavement and jury duty. Employees who begin a leave of absence under the FMLA after completing one year of service are eligih1e for salary continuation. Salary continuation is paid at 30% of the salary the employee was earning at the time their leave began for personal medical leave or at 100% for family leave. The maximum duration of salary continuation wil1 depend on the employee's length of service and cannot be exceeded in a 12-month period. For example, an employee who has completed 3 Yz years of service and takes a personal medical leave followed by a family leave within a 12-month period wiJ] not exceed a total of 3 weeks salary continuation in that 12-month period. Eligibility: Unless otherwise required by State or local law, all employees who have been employed with inVentiv Commerdal Services for at least 12 (twelve) months and worked a minimum of 1!250 hours are eligible for a leave of absence under FMLA. Leaves will be granted for the following reasons:
• For a serious health condition that makes the emp10yee unable to perfoll11 the essential functions of their job.
• To care for the employee's spouse, domestic partner, child or parent who has a serious
health condition.

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 14 of 22
.' ,

• To care for the employee's child after birth or placement for adoption or foster care.

Non-FMLA Leaves and Title VII:

Leaves may also be granted to non-FMLA leave eligible individuals on a discretionary
basis, but where granted will be done on a non-discriminatory basis under Title VII to pregnant
and non-pregnant employees.

Leave of Absence Sununary

Type of Leave
Personal Injury or Illness

Length of Service
o Months-
1 Year
1-3 Years
3-5 Years
5+ Years

Max Amount of Time Off Under FMLA Not eligible for FMLA. Any leave period is discretionary based on management approval and business necessity.
12 Weeks (must meet FMLA eligibility guidelines). May differ depending on State regulations.
12 Weeks (must meet FMLA eligibility guidelines). May differ depending on State regulations.
12 Weeks (must meet FMLA e1igibility guidelines). May differ depending on State regulations.

Amount of Time Off with Pay
1 week sick pay
(inclusive of holidays) and shortterm disability benefits or workers compensation, if eligible 1 week sick pay (inclusive of holidays) followed by 2 weeks salary continuation at 30% (offset by short-term disability benefit or workers compensation) 1 week sick pay (inclusive of holidays) followed by 3 weeks salary continuation at 30% (offset by short-term disability benefit or workers compensation) 1 week sick pay (inclusive of holidays) followed by 4 weeks salary continuation at 30% (offset by short-term disability benefit or workers compensation)

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 15 of 22

Family

o Months-
1 Year
1-3 Years
3-5 Years
5+ Years

Not eligible for FMLA. Any leave
period is discretionary based on management approval and business necessity. 12 Weeks (must meet FMIA eligibility guidelines). May differ depending on State regulations. 12 Weeks (must meet FMLA eligibility guidelines). May differ depending on State regulations. 12 Weeks (must meet FMIA eligibility guidelines). May differ depending on State regulations.

All accrued paid time off
2 Weeks in addition to all accrued paid time off 3 Weeks in addition to all accrued paid time off 4 Weeks in addition to all accrued paid time off

Procedures For All Leaves:
Human Resources should be notified in writing for all requests of 5 or more consecutive days off with the exception of vacation time. Employees should give 30 days written notice or as much notice as possible fur all types of leave.
Once the leave is requested inVentiv Commercial Services will:
• Provide initial written notification to the employee as to whether the leave will be granted, and if so the duration of the leave and the specific date that the employee is expected to return to work.
Once the leave is granted inVentiv Commercial Services will:
• Maintain the employee's health coverage under any "group health plan". • Restore the employee to their original or equivalent position with equivalent pay~ benefits
and other employment terms if they return within the required FMLA established time frame.
• Require that any requests to modify the duralion of an approved leave of absence be made by
the employee in writing directed to Human Resources. The Company win then provide written notification to the employee of the Company's decision regarding the request to modify the duration of the approved leave of absence and if granted, it will provide further written modification of the specific date that the employee is expected to return to work. • All employees will be provided written notification of the consequences for failing to return to work on the specified date provided by the Company. These consequences include but are not limited to disciplinary aclion; suspension, and potential discharge. No adverse action may be taken against any employee who has been placed on "to be determined" (TBD) status, unless the Company alters the TBD status by giving the employee written notification of a reasonable and specific deadline in which to return to work.
If the employee is unable to provide certification to continue their leave under FMLA or unwilling to return within the time frame established, the employee will be terminated and offered COBRA to continue group benefits.

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 16 of 22
Once the leave is granted all employees on a leave of absence have the responsibility to:
• Keep Human Resources informed of their status and anticipated return date.
• Continue to pay their portion of the premium costs for the duration of the leave. • Use any accrued vacation time prior to taking an unpaid leave.
• Provide certification as requested at all times during the leave.
• Provide a return to work certification a minimum of two (2) days prior to returning.
NOTE:
If the employee (1) does not meet FMLA eligibility guidelines but is on personal medical leave, or (2) is FMLA eligible but cannot return to work after an FMLA leave for their own serious health condition has expired, the following will occur) provided that in both situations, the employee must submit appropriate documentation on the continuance of their disability.
• The employee will be placed on an in-active status. • inVentiv Commercial Services will maintain the employee's health coverage under any
·'group health plan" for the first 26 weeks of the disability including FMLA eligible weeks.
• During that lime of the disability the employee will continue to pay their portion of the premium costs.
• If the employee is unable to return to work after the 26th week of their disability, the
employee will be terminated on the first day of the 27th week and offered COBRA to continue group benefits.
• Restoration of the employee to their original or equivalent position with equivalent pay,
benefits) and other employment terms cannot be guaranteed.
Related Policies:
For additiona1 infonnation on related policies please refer to the corresponding policy number below:
• Domestic Partner Coverage - Policy HRn603. • Benefits Program - Policy HR- 601. • Workers Compensation - Policy HR 602

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 17 of 22

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 18 of 22
LOA Field Sales Force Database SOP
The Company understands the need for employees to be afforded time off for extended leave due to personal medical reasons, as well as for certain family situations.
inVentiv Commercial Services will comply with the Federal Family Medical Leave Act
(FMLA), Title VII of the Civil Rights Act of 1964, and state regulations in our administration of these policies. To ensure fair and equitable treatment of inVentiv Health employees who are out due to a leave of absence, Human Resources will track all
leaves in a database that will include the following information:
1 Name of the employee 2 Reason for the leave 3 Type of leave requested 4 Date the request was made 5 Dates for which the leave is requested 6 Approval status and reason for approval, denial or modification of length of leave 7 Name of HR Manager who made the decision regarding
approval/denial/modification of leave request, and date of each respective decision 8 Dates on which decision was communicated to the employee 9 The dates approved for leave 10 The dates actually taken by the employee for leave and the date that individual actually returned to work 11 Requests for modification of the leave

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 19 of 22
12 Decisions to change a person from TBD (lito be determinedIt) leave status to a specified leave period All records wiH be maintained regarding requests for leave. requests for
modification of leave, and responses to such requests in a shared database. HR Manager will query the database prior to approval/denial/modification of
leave to determine if limiting a leave to a pregnant employee will result in a total leave period that is less than the leave taken in the past or projected to be allowed to non pregnant employees who are or have been granted leaves.

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 20 of 22

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 21 of 22
NOTICE TO EMPLOYEES OF inVENTIV PUARMA SERVICES
This Notice is posted as part ofa Consent Decree between the U.S. Equal Employment Opportunity Conunission (EEOC) and inVentiv Phanna Services to settle a lawsuit brought by EEOC. inVentiv denies the allegations of the lawsuit and does not admit that it violated any federal, state or local law. Federal law prohibits discrimination in employment benefits and conditions based on an employee's sex, including pregnancy status.
The tenus of the Consent Decree require the following:
1. inVentiv agrees to pay money damages to the person who filed the charge with EEOC;
2. inVentiv acknowledges and will continue to ensure that it will not engage in any conduct which discriminates against any individual because of that individual's sex. Nor will it retaliate against claimants or any other individual because of participation in this matter in any way~ or because of her or his assertion of rights under Tide VII;
3. inVentiv agrees to revise and distribute its written policies and procedures prohibiting discrimination on the basis of sex and pregnancy, implement and distribute these written policies and procedures for receipt and handling of requests for leave of absence, and implement written procedures for a central ,database to maintain records regarding leave requests, in order to ensure that pregnant employees are not treated less favorably than non-pregnant employees;
4. inVentiv will provide training on federal laws prohibiting employment discrimination to aU current and future field sales employees;
5. inVentiv will post the anti-discrimination and leave policie8~ this notice and the EEOC poster regarding federal laws prohibiting employment discrimination;
6. inVentiv will provide periodic reports to EEOC regarding any complaints of sex or pregnancy discrimination and permit EEOC to monitor compliance with the Consent Decree.
The Consent Decree also states that there has been no finding by any Court on the merits of the allegations of the Complaint and inVentiv does not admit to any wrongdoing or liability.
If you have any questions or concerns that arise regarding your employment or any potential discrimination issues related to your employment, you may contact your Human Resources Manager.

, 5

Case 3:06-cv-04596-MLC-JJH Document 11 Filed 03/18/2008 Page 22 of 22

.1.... •

Ifyou have a complaint of discrimination or harassment you may contact:
u.s- Equal Employment Opportunity Commission
New York District Office

33 Whitehall Street New York, NY 10002 Phone: (800) 669-4000, TTY:(800) 669-6820
Website: www.eeQc_gov

1- S~D this day of ~0

, 2008

. A~~_~@-' -

C le Resource-Officer, VENTIV PHARMA SERVICES,

THIS IS AN OFFICIAL NOTICE. IT MUST NOT BE ALTERED, DEFACED OR COVERED. IT MUST REMAIN POSTED FOR TWO YEARS UNTIL JANUARY
30,2010.

 
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12BH, ADMCLOSED, RULE16, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Trenton) CIVIL DOCKET FOR CASE #: 3:06-cv-04596-MLC-JJH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. VENTIV PHARMA SERVICES Assigned to: Judge Mary L. Cooper Referred to: Magistrate Judge John J. Hughes Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/27/2006 Date Terminated: 03/18/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by MICHAEL B. RANIS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 33 WHITEHALL STREET NEW YORK, NY 10004 (212) 336-3701 Email: michael.ranis@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
VENTIV PHARMA SERVICES a Division of Ventiv Health, Inc. now known as in Ventiv Pharma Sercvices, a Division of in Ventiv Health, Inc.

represented by PATRICK T. COLLINS NORRIS, MCLAUGHLIN & MARCUS, PC 721 ROUTE 202-206 PO BOX 1018 SOMERVILLE, NJ 08876-1018 (908) 722-0700 Email: ptcollins@nmmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2006
09/27/2006

# Docket Text
1 COMPLAINT against VENTIV PHARMA SERVICES , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet)(ce3) (Entered: 09/28/2006)
2 Summons Issued as to VENTIV PHARMA SERVICES. Mailed to Counsel (Days Due - 20.) (ce3) (Entered: 09/28/2006)

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11/08/2006 11/09/2006 11/09/2006 01/23/2007 01/24/2007
01/30/2007 01/31/2007 04/27/2007 06/01/2007 06/04/2007
06/13/2007 06/14/2007

3 ANSWER to Complaint with Jury Demand by VENTIV PHARMA SERVICES. (Attachments: # 1)(COLLINS, PATRICK) (Entered: 11/08/2006)
CLERKS OFFICE QUALITY CONTROL MESSAGE: Regarding Document 3 by PATRICK COLLINS, Esq. filed 11/8/06. Please be advised for future filings attachments should be properly identified. Examples: #1 Certification of John Doe, #2Brief, #3 Exhibits A-C, etc... (ck) (Entered: 11/09/2006)
4 NOTICE of Hearing: Initial Conference set for 1/30/2007 11:30 AM in Trenton Courtroom 6W before Magistrate Judge John J. Hughes. (Attached: Instructions, Joint Discovery Plan)(dg, ) (Entered: 11/09/2006)
5 Joint MOTION for Discovery Schedule and Initial Conference by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (RANIS, MICHAEL) (Entered: 01/23/2007)
CLERKS OFFICE QUALITY CONTROL MESSAGE - Please be advised that document 5 Joint Discovery Plan submitted by M. Ranis, Esq. on 1/23/07 is Discovery and not filed pursuant to the Local Rules of this Court. ALSO NOTE: The wrong event MOTION was used for filing this document which sets a deadline. The Clerk will terminate the deadline created by this incorrect filing. This submission will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (lk) (Entered: 01/24/2007)
Minute Entry for proceedings held before Judge John J. Hughes : Scheduling Conference held on 1/30/2007. (dg, ) (Entered: 01/30/2007)
6 SCHEDULING ORDER: Settlement Conference set for 4/27/2007 11:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes.. Signed by Judge John J. Hughes on 1/30/07. (Attachments: # 1 Supplement Form of Final Pretrial Order)(dg, ) (Entered: 01/31/2007)
Minute Entry for proceedings held before Judge John J. Hughes : Settlement Conference held on 4/27/2007. (dg, ) (Entered: 04/30/2007)
7 STATUS REPORT , ORDER re: Court Conference by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (RANIS, MICHAEL) (Entered: 06/01/2007)
CLERKS OFFICE QUALITY CONTROL MESSAGE - The Document 7 Status Report submitted by M. Ranis, Esq. on 6/1/07 is NOT a Status Report but a Proposed Order and MUST BE EXECUTED BY A JUDICAL OFFICER BEFORE FILING. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.. (lk) (Entered: 06/04/2007)
Minute Entry for proceedings held before Judge John J. Hughes : Settlement Conference held on 6/13/2007. (dg, ) (Entered: 06/18/2007)
NOTICE of Hearing:Settlement Conference set for 7/16/2007 11:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (dg, ) (Entered: 06/14/2007)

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03/18/2008 03/18/2008

Minute Entry for proceedings held before Judge John J. Hughes : Settlement Conference held on 7/16/2007. (dg, ) (Entered: 07/26/2007)
8 Letter from Michael Ranis, EEOC. (RANIS, MICHAEL) (Entered: 07/26/2007)
9 Letter from Michael Ranis re: ConsDecr. (RANIS, MICHAEL) (Entered: 08/22/2007)
10 SETTLEMENT AGREEMENT as CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Consent Decree)(RANIS, MICHAEL) (Entered: 02/14/2008)
11 CONSENT DECREE. Signed by Judge Mary L. Cooper on 3/17/08. (lk) (Entered: 03/18/2008)
***Civil Case Terminated. (lk) (Entered: 03/18/2008)

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