'Q,JS 44 (Rev. 3/99)

e CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as requ by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required fOl use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

U S. Equal Employment Opportunity CommissIOn

(b) County of ReSidence of First Listed Plaintiff _ _ _ _ _ _ _ _ _ __ (EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant _ _ _ _ _ _ _ _ __
(IN U.S P .AThITIFF CASES ONLy)
fE NOTE IN LAND CONDEW ATiON A~e~~N OF T
LAND INVOLVED.

(c) Attorney's (Firm Name, Address, and Telephone Number)
Suzanne Anderson, Supervisory Trial Attorney
EEOC-Dallas District Office 207 South Houston St., 3,d Floor Dallas, TX 75202 (214) 253-2740

Attorneys (If Known)

SEP 302004
CLERK, U S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

X I U.S Government Plaintiff

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

III. CITIZENSHIP 0 F PRINCIPAL P ARTlES(Place an "X" m One Box for PIc

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF I

Citizen of This State 0 I 0 I Incorporated or Pnncipal Place 0 4

of Business In This State

o 2 U.S Government

o 4 DiverSity

Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5

Defendant

(Indicate Citizenship of Parties

of BUSiness In Another State

in Item III)

Citizen or Subject of a 0 3 0 3 Foreign Nation

o 6

Forei!!:n Countrv

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

FORFEITUREIPENALTV

BANKRUPTCY

OTHER STATUTE~

o I I 0 Insurance o 120 Manne o 130 Miller Act

PERSONAL INJURY
o 310 AIrplane o 315 AIrplane Product

PERSONAL INJURY 0 362 Personal Injmy-
Med. Malpractice

o 610 Agriculture o 620 Other Food & Drug o 625 Drug Related Seizure

0122 Appeal 28 USC 158 0123 Withdrawal

o 400 State ReapportlOnmen
o 41 0 AnlItrust
0 430 Banks and Banking

o 140 NegotIable Instrument o 150 Recovery of Overpayment 0

& Enforcement of Judgment

o 151 Medicare Act

0

o 152 Recovery of Defaulted

Student Loans

0

(Excl Veterans)

0

o 153 Recovery of Overpayment

Liability 320 Assault, Libel &
Slander 330 Federal Employers'
LiabilIty 340 Manne 345 Marine Product
LIabilIty

0 365 Personal Injury Product LiabilIty

of Property 21 USC

28 USC 157

0 450 CommercelICC Rates,

o 630 Liquor Laws

t - - - - - - - - - - - I O 460 DeportalIon

0 368 Asbestos Personal InJmyProduct Liability

o 640 R R & Truck
o 650 Atrlme Regs. o 660 OccupatIOnal

PERSONAL PROPERTY

SafetylHealth

0 370 Other Fraud

o 690 Other

t-_P_R_O"--P_E_R_T_Y_R_I...;,,G_H_T_S,--; 0 470 Racketeer Influenced,

[820 Copynghts [830 Patent [840 Trademark

Corrupt OrgamzatlOns
o 810 Selective Service o 850 Secunties/Commodillf
Exchange

0 371 Truth in Lending t - - - - - - - - - - - - i l - - - - - - - - - - - - I O 875 Customer Challenge

of Veteran's Benefits 0 350 Motor Vehicle

0 380 Other Personal

_o o o

160 Stockholders' SUits 190 Other Contract
_195_Co_ntr_act_Pro_duc_t Li_abi_lIty+

0
0 _

355 Motor Vehicle Product LiabilIty 0
_360_Ot_her_Per_son_al I_nJm-y.-_

Property Damage 385 Property Damage
__Pro_duc_t L_iabI_lity_-

1

0 0

REAL PROPERTY

CIVIL RIGHTS PRISONER PETITIONS 0

0 210 Land Condemnation 0 220 Foreclosure

0 441 Voting X 442 Employment

o 510 MolIons to Vacate

Sentence

o

0 230 Rent Lease & Ejectment 0 443 Housing!

Habeas Corpus.

0 240 Torts to Land

AccommodatIOns o 530 General

o

0 245 Tort Product Liability 0 444 Welfare

o 535 Death Penalty

o 0 290 All Other Real Property 0 440 Other ClVll Rights

540 Mandamus & Other o

o 550 Civil Rights

o 555 Prison Condition

LABOR

SOCIAL SECURITY

710 Frur Labor Standards [861 HIA (I395ff)

720 LAacbtorlMgmt. RelatIOns [[886632 BDlIaWckCLIDunIWg (W92(34)05(g»

[864 SSID Title XVI

730 LaborlMgmt Reportmg [865 RSI (405(g»

& Disclosure Act 740 Rrulway Labor Act

FEDERAL TAX SUITS

790 Other Labor Litigation []70 Taxes (U S Plruntiff or Defendant)

791 Empi. Ret. Inc. Secunty Act

[]71 IRS-T1urd Party 26 USC 7609

12 USC 3410
o 891 Agncultural Acts o 892 Economic StabilIzatiOl o 893 EnVirorunental Matter> o 894 Energy Allocation Act o 895 Freedom of
Informallon Act
o 900 Appeal of Fee
Determination Under I
Access to Justice
o 950 Constitutionality of
State Statutes
o 890 Other Statutory AclIor

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

X I Original

o 2 Removed from

Proceeding

State Court

o 3 Remanded from
Appellate Court

Transferred from
o another district
4 Reinstated or 0 5 (specify) Reopened

CAUSE O F ACTION (Cite the U S CiVil Statute under which you are filing and wnte bnefstatement of cause.

VI.

Do not cite JunsdlCtlOnal statutes unless diverSity.)

To correct unlawful employment practices on the basis of sex and to provide appropriate relief to Happiness Asadu who was terminated based on her sex, female, and because of her pregnancy

o 6 Multidistrict
litIgation

Appeal to Dis Judge from
o 7 Magistrate Judgment

VII. REQUESTED IN

o CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F.R.C.P 23

VIII. RELATED CASE(S)

(See mstructions):

IF ANY

JUDGE

DEMAND $

CHECK YES only If demanded In complaint'

JURY DEMAND:

X Yes 0 No

DOCKET NUMBER

r-- -- -----------

o~r FILEIOf I .. , ,f .." lJl~THlCT COCH.T

;\CHIUE'<.,\ (.:c

,

_

IN THE UNITED STATES DISTRIC COURT

Of TEXAS

FOR THE NORTHERN DISTRICT T

-- ..,

DALLAS DIVISION

I

04

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

MARINER HEALTH CARE, INC.

}

d/b/a MARINER HEALTH DOWNTOWN }

}

COMPLAINT
r---------

}

Defendant.

}

SEP 302004

-------------------------------}
NATURE OF THE ACTION

CLERK, V.S.A11~IflJCT COURT By
----~~+-------

This is an action under Title VII of the Civil Rights Act of 1964, as amended by the

Pregnancy Discrimination Act, and Title I ofthe Civil Rights Act of 1991 to correct unlawful

employment practices on the basis of sex and to provide appropriate relief to Happiness Asadu

who was terminated based on her sex, female, and because of her pregnancy.

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

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

Section 102 of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a.

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

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

Texas, Dallas Division.

..

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.c. § 2000e-5(a). 4. At all relevant times, Defendant, Mariner Health Care, Inc. d/b/a Mariner Health Downtown ("Mariner") has continuously been and is now doing business in the State of Texas 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 under Section 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, Happiness Asadu filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Happiness Asadu, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(l) of Title VII, 42 U.S.c. § 2000e2(a)(1) by terminating Ms. Asadu from employment because she was pregnant. 8. The result of the foregoing practices has been to deprive Happiness Asadu of equal employment opportunities because of her sex. 9. The unlawful employment practices complained of in paragraph 7 above were
Page -2-

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 Happiness Asadu.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the 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 sex. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, including pregnant females, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Happiness Asadu by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Happiness Asadu whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out-of-pocket job hunting expenses. E. Order the Defendant to make Happiness Asadu whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation,
Page -3-

embarrassment, emotional distress, anxiety, and loss of enjoyment oflife, in amounts to be
determined at trial. F. Order the Defendant to pay Happiness Asadu punitive or exemplary damages for
its intentional, malicious conduct or reckless indifference described and referenced in paragraph
7 above, in an amount to be determined at trial. G. Grant such further relief as the Court deems necessary and proper in the public
interest. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
~-
ROBERT A. CANINO Regional Attorney Okd rna State Bar No. 0117821
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Page -4-

Dallas, Texas 75202 (214) 253-2740 (214) 253-2749 FAX
Page -5-

 
 \, ,
ORIGINAL

U.s.mSTRICTCOVRT

NORTHERN l,USTru
IN THE UNITED STATES DIS RICT COU't CTOFTEXAS

FOR THE NORTHERN DIST CT OF

ED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
LIVING CENTERS OF TEXAS, INC. d/b/a MARINER HEALTH DOWNTOWN
Defendant.

} I C~~RK, U.S.~CTCOVRT

! --1 f L_CCTIVViIiiL::A;u;'rfiricr

i'rJ't

Y
N

f

it

-_

_

}

3:04-CV-2121-G

}

}

COMPLAINT

}

}

}

}

JURY TRIAL DEMANDED

}

}

}

-------------------------------}

PLAINTIFF'S FIRST AMENDED COMPLAINT

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 employment practices

on the basis of sex and to provide appropriate relief to Happiness Asadu who was terminated based on

her sex, female, and because of her pregnancy. This First Amended Complaint properly names the

Defendant as Living Centers of Texas, Inc.

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 (3) of the Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102 of

the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a.

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

within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-S(a). 4. At all relevant times, Defendant, Living Centers of Texas, Inc. d/b/a Mariner Health Downtown ("Mariner") has continuously been and is now doing business in the State of Texas 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 under Section 70 1(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, Happiness Asadu filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Happiness Asadu, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1 ) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by terminating Ms. Asadu from employment because she was pregnant. 8. The result of the foregoing practices has been to deprive Happiness Asadu of equal
Page -2-

employment opportunities because of her 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 Happiness Asadu. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the 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 sex. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, including pregnant females, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Happiness Asadu by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Happiness Asadu whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out-of-pocket job hunting expenses. E. Order the Defendant to make Happiness Asadu whole by providing compensation for
Page -3-

past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order the Defendant to pay Happiness Asadu punitive or exemplary damages for its intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 0117821
fA~SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
Page -4-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2742 (214) 253-2749 FAX
Page -5-

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

VS.

)

)

LIVING CENTERS OF TEXAS, INC., )

d/b/a MARINER HEALTH

)

DOWNTOWN,

)

)

Defendant.

)

CIVIL ACTION NO. 3:04-CV-2121-G

CONSENT DECREE
THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission (“EEOC”), and Living Centers of Texas, Inc., Mariner Health Downtown (“Mariner”) in the United States District Court for the Northern District of Texas, with regard to the EEOC’s Complaint filed on September 30, 2004 (Complaint), in Civil Action No. 3:04-CV-2121-G. The Complaint is based upon a Charge of Discrimination filed by Happiness Asadu, Charging Party, against the defendant employer.

The above-referenced Complaint alleges that the defendant Mariner violated 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, by terminating Ms. Asadu based upon her sex and because of her pregnancy. The defendant employer denies that it discriminated against Ms. Asadu.
The EEOC, Ms. Asadu and defendant Mariner agree to compromise and settle the differences embodied in the Complaint and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree (“Consent Decree”).
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the court finds appropriate and therefore, it is ORDERED, ADJUDGED and DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge No. 310200401224. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC and Ms. Asadu waive further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charge.
- 2 -

2. The parties agree that this Consent Decree does not constitute an admission by Mariner of any violation of Title VII or Title I of the Civil Rights Act of 1991 and the Pregnancy Discrimination Act.
3. Defendant agrees to post the Notice appended hereto as Attachment “A” on the employee bulletin board at its work site within ten (10) business days after the entry of the Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within 14 business days after posting the Notice. The Notice shall remain posted during the term of the Consent Decree.
4. During the year that the Consent Decree is in effect, defendant agrees to conduct training for all employees, including management employees, which will include advising them of the requirements and prohibitions of the federal antidiscrimination laws with an emphasis on gender and pregnancy discrimination. The training will, among other things, inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating the federal antidiscrimination laws. The training shall be at least one (1) hour in duration. No less than 10 days before the training is conducted, defendant agrees to give written notice to the EEOC as to the date and location of the training, the name and qualifications of the person providing the training and the substance of the training. All materials used in conjunction with the training shall be forwarded to the EEOC. Within 20
- 3 -

days following the training, defendant shall submit to the EEOC confirmation that the training was conducted, and a list of attendees, and a copy of all materials used in conjunction with the training.
5. Defendant agrees to remove from the personnel file of Happiness Asadu, Ms. Asadu’s charge of discrimination and the Complaint filed by the EEOC in federal court based upon her charge.
6. Defendant agrees to pay monetary relief to Ms. Asadu, for all claims, in the gross sum of $20,000 ($5,000 of which shall be designated as wages and subject to withholding). Ms. Asadu shall provide a form w-9 for the remainder. The payment shall be made 10 business days after the date of entry of the Consent Decree, by check made payable to Ms. Asadu. The check shall be sent by certified mail, return receipt requested or by hand delivery to William C. Backhaus, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
7. Defendant agrees to report to the EEOC within 14 business days of entry of this Consent Decree, regarding its compliance with the agreements set forth in paragraphs 2 through 9 above.
8. All reports to the EEOC required by the Consent Decree shall be sent to William C. Backhaus, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
- 4 -

9. Defendant agrees to provide a neutral employment letter of reference for Ms. Asadu which includes the date of her employment, the last position held, and the last salary earned by Ms. Asadu.
10. If defendant, Mariner, fails to tender payment or otherwise fails to timely comply with the terms of paragraph 9 above, defendant Mariner shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts; and b. Bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the defendant. 11. Neither the EEOC, Ms. Asadu, nor defendant Mariner, shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that defendant Mariner fails to perform the promises and representations contained herein. The EEOC shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court. 12. The parties to this Consent Decree agree to bear their own costs and attorney’s fees associated with the above-referenced Complaint.
- 5 -

13. The term of this Decree shall be for one (1) year from the effective date.
The court shall retain jurisdiction to enforce the terms of this Decree until the
expiration of the term of the Consent Decree.
SO ORDERED, ADJUDGED and DECREED this 5th day of August, 2005.
APPROVED FOR ENTRY:
FOR PLAINTIFF U.S. E.E.O.C.:
/s/ _______________________
ROBERT CANINO Regional Attorney Oklahoma Bar No. 011782
SUZANNE ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 01493850
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston, Third Floor Dallas, Texas 75202 Tel No. 214-253-2742 Fax No. 214-253-2749
- 6 -

FOR DEFENDANT LIVING CENTERS OF TEXAS, INC., d/b/a Mariner Health Downtown
/s/
__________________________________ BRYANT MCFALL Texas Bar No. 00784556
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 700 Preston Commons 8117 Preston Road Dallas, Texas 75225 Tel. No. 214-987-3504 Fax No. 214-987-3927
NOTICE TO ALL EMPLOYEES
This NOTICE is being posted pursuant to a Consent Decree between MARINER HEALTH DOWNTOWN and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC). This NOTICE will be conspicuously posted for a period of one (1) year at this facility and in all places where employment notices are posted. It must not be altered, defaced, or covered by any other material.
POLICY: Discrimination of any kind can and often will detract from employees’ job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lowers overall employee morale and productivity. It is the policy of Mariner Health Downtown that discrimination based on sex and/or gender are unacceptable conduct and will not be condoned.
PURPOSE: It is the purpose of this policy to reaffirm and amplify the position of Title VII of the Civil Rights Act of 1964, as amended, and the Equal Employment Opportunity Commission’s guidelines on sex-based and/or gender discrimination, and to reiterate Mariner Health Downtown’s policy against discrimination.
SCOPE: This policy extends to all employees of Mariner Health Downtown, including management, non-management, temporary and/or probationary.
- 7 -

DEFINITION: Discrimination based on sex occurs when an employment decision is made based on a person’s sex or gender rather than on legitimate factors. Title VII's prohibition of discrimination includes discrimination in hiring, firing, promotions, wages, job assignments, fringe benefits and other terms and conditions of employment. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. An employer cannot refuse to hire a woman because of her pregnancy related condition. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers. An employer may not single out pregnancy related conditions for special procedures to determine an employee’s ability to work. If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. Pregnant employees must be permitted to work as long as they are able to perform their jobs.
RESPONSIBILITY: Employers are responsible for ensuring that all personnel policies, procedure, and activities are in full compliance with applicable federal, state, and local equal employment laws, statutes, rules, and regulations regarding racial discrimination and harassment. Employees are expected to read, understand, and follow the policies that Mariner Health Downtown has established to prevent sexbased and/or gender discrimination.
REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to sex-based and/or gender discrimination must report the alleged act as soon as possible to that person’s immediate supervisor, the facility administrator or to the Human Resources Department. The Human Resources Department may be contacted at 1-800-275-9575. Supervisors and managers who are informed of an alleged incident of sex-based and/or gender discrimination must immediately notify the Human Resources Department.
In addition to reporting a complaint of sex and/or age-based discrimination to company officials, a person may also contact the U.S. Equal Employment Opportunity Commission, and file a charge of employment discrimination. The address and telephone number of the EEOC office is 207 S. Houston Street, Dallas, Texas 75202; (214) 253-2700. Information about employment rights and the procedures dealing with how to file a charge is available on the Internet at www.eeoc.gov.
INVESTIGATION OF COMPLAINTS: A complete investigation of each complaint will be undertaken immediately by the Human Resources Department. The
- 8 -

investigation may include interviews of employees and supervisors at the facility, the inspection of documents, including personnel records.

PUNISHMENT FOR VIOLATION: Employees engaged in sex-based and/or gender discrimination can expect serious disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have engaged in racial harassed or discriminated against another employee will be subject to appropriate sanctions, depending on the circumstances, from a written warning in his or her personnel file up to and including termination of employment.

RETALIATION: There shall be no retaliation against any employee because that person has opposed what they reasonably believe to be unlawful employment practices; or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964. Mariner Health Downtown will not punish you for reporting discrimination based on sex and/or gender simply because you have made a complaint under the above guidelines.

PROTECTION OF PRIVACY: The question of whether a particular action or incident constitutes sex-based and/or gender discrimination requires a determination based on all available facts. Mariner Health Downtown will therefore make a reasonable effort to protect the privacy of all personnel. Confidential information will be shared on a need-to-know basis to complete the investigation and to deal appropriately with the situation.

EXCEPTIONS: There are no exceptions to this policy.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF ONE YEAR.

Signed this

day of

, 2005 .

__________ Date
08/01/05 __________ Date

_______________________________________ Mariner Health Downtown
/s/
_______________________________________ Michael Fetzer District Director Equal Employment Opportunity Commission
- 9 -

 
 District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?942988404789012-L_3...

CLOSED, ECF, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:04-cv-02121

Equal Employment Opportunity Commission v. Living Centers of Texas Inc Assigned to: Judge A. Joe Fish Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2004 Date Terminated: 08/05/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William C Backhaus Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov ATTORNEY TO BE NOTICED

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V. Defendant Mariner Health Care Inc TERMINATED: 11/01/2004 doing business as Mariner Health Downtown TERMINATED: 11/01/2004 Defendant Living Centers of Texas Inc doing business as Mariner Health Downtown
Provider Maxel Bud Silverberg

represented by Bryant S McFall Ogletree Deakins Nash Smoak & Stewart Dallas 700 Preston Commons 8117 Preston Rd Dallas, TX 75225-4324 214/987-3800 Fax: 214/987-3927 FAX Email: bryant.mcfall@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Maxel Bud Silverberg Law Office of Maxel (Bud) Silverberg Millennium I 15455 Dallas Pkwy Suite 600 Addison, TX 75001 972/764-4300 Fax: 972/764-4301 FAX Email: budsilverberg@earthlink.net PRO SE

Date Filed 09/30/2004 09/30/2004 09/30/2004 09/30/2004 11/01/2004

#

Docket Text

1 COMPLAINT against Mariner Health Care Inc , filed by Equal Employment Opportunity Commission.(kdc, ) (Entered: 10/01/2004)
2 CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission. (kdc, ) (Entered: 10/01/2004)
3 Summons Issued as to Mariner Health Care Inc. (kdc, ) (Entered: 10/01/2004)
***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (cxb, ) (Entered: 10/05/2004)
4 FIRST AMENDED COMPLAINT against Living Centers of Texas Inc, filed by Equal Employment Opportunity Commission.(cxb, ) (Entered: 11/02/2004)

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11/01/2004 12/28/2004 01/05/2005 01/25/2005 02/14/2005
02/14/2005 03/02/2005 06/01/2005 07/01/2005
07/07/2005 08/05/2005

5 Designation of lead counsel/ENTRY OF APPEARANCE by William C Backhaus for Plaintiff Equal Employment Opportunity Commission. (cxb, ) (Entered: 11/02/2004)
6 ORIGINAL ANSWER to First Amended Complaint by Living Centers of Texas Inc.(cxb, ) (Entered: 12/29/2004)
7 STATUS REPORT ORDER: Status Report due by 1/26/2005. [see order for specifics] (Signed by Judge A. Joe Fish on 1/5/05) (cxb, ) (Entered: 01/05/2005)
8 JOINT STATUS REPORT by Living Centers of Texas Inc, Equal Employment Opportunity Commission. (cxb, ) (Entered: 01/26/2005)
9 SCHEDULING ORDER: This case is set for trial on thie court's four-week docket beginning 9/5/06. Amended Pleadings due by 5/16/2005; Discovery due by 12/31/2005; Pretrial Conference set for 9/1/2006 09:00 AM before Judge A. Joe Fish; Joinder of Parties due by 5/16/2005; Motions due by 10/28/2005; Proposed Pretrial Order due by 8/25/2006; Pretrial Materials due by 8/25/2006. [see order for specifics] (Signed by Judge A. Joe Fish on 2/14/05) (cxb, ) (Entered: 02/15/2005)
10 Order Regarding Intention to Administer Case Electronically - see order for specifics. (Signed by Judge A. Joe Fish on 2/14/05) (cxb, ) (Entered: 02/15/2005)
11 Order Designating Case for ECF - see order for specifics. (Signed by Judge A. Joe Fish on 3/2/05) (epp, ) (Entered: 03/02/2005)
12 ORDER REFERRING CASE to ADR. Type of ADR: mediation. Maxel B (Bud) Silverberg appointed. [see order for specifics] (Signed by Judge A. Joe Fish on 6/1/05) (cxb, ) (Entered: 06/02/2005)
13 ORDER: The parties having advised the court that this case has been settled, it is ORDERED that the final judgment or order of dismissal be presented for entry by August 1, 2005. If it is not, then the case will be subject to dismissal. (Signed by Judge A. Joe Fish on 7/01/2005) (epp, ) (Entered: 07/01/2005)
14 Alternative Dispute Resolution Summary filed by Maxel B (Bud) Silverberg. Prv Fee: $150/hour/party. Disposition: Settled as a result of ADR.(cxb, ) (Entered: 07/08/2005)
15 CONSENT DECREE..........Defendant agrees to pay monetary relief to Ms. Asadu, for all claims, in the gross sum of $20,000 ($5,000 of which shall be designated as wages and subject to withholding)..............The parties to this Consent Decree agree to bear their own costs and attorney's fees associated with the above-referenced Complaint. [see order for specifics] (Signed by Judge A. Joe Fish on 8/5/05) (Attachments: # 1 Closed Sheet)(cxb, ) (Entered: 08/05/2005)

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