"

CLOSED

UNITED STATES DISTRICT COURT

FilED

FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

SEP 30 Z003

CLERK'S OFFICE

U

ICTCOURT

EQUAL EMPLOYMENT OPPORTUNITY

EASTERN CHIGAN

COMMISSION,

03 -7'36~7....L---

Plaintiff,

Case

v.

Honorable PAUL D. 80RMA~.r

...

SELECT SPECIALTY HOSPITAL - Macomb Count~1AGISTRATE JUDGE MORGAN

Defendant.
------------------------~/
ADELE RAPPORT (P44833) STANLEY Pins (P33519) DALE PRICE (P55578) Equal Employment Opportunity Commission 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673

m~C~~W~rRl
f'J SEP 242003 IW
CLERK'S OFFICE U.S. DISTRICT COURT

CONSENT DECREE On Septembe~ 2003, this matter was commenced by the United States Equal Employment Opportunity Commission, (the "Commission") against Select Specialty HospitalMacomb County, Inc., ("Defendant'( or "Select Specialty") on behalf of Charging Party, Katrina
M..-a-lo--n-e ("Charging Party" or "Malone"). The Commission's Complaint alleged that Malone
was discharged based on her perceived disability (a back impairment) and a record of disability in violation ofTitle I of the Americans with Disabilities Act of 1990, as amended.

1

_._-----------------"---------
FINAL DISPOSITION
1. Through this Consent Decree, ("Decree) Plaintiff, the Commission, on behalfof Katrina Malone, and Defendant, Select Specialty, desi re to forever resolve all issues raised, presented, or joined in Civil Action Numbero3.1:31.1rwithout the burden, expense and potential delay offurther litigation, and intend to be bound by the promises made herein.
STIPULATED FACTS
2. The parties stipulate and agree that the EEOC is the agency of the United States government authorized to investigate allegations of unlawful employment discrimination, to bring civil actions to prohibit unlawful employment practices and to seek relief for individuals affected by the practices complained of in this lawsuit.
3. Select Specialty is an employer engaged in an industry affecting commerce within the meaning of Section 701 (g) and (h) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000e(g) and (h), which is incorporated by reference in the ADA. Select Specialty had at least fifteen (15) employees for twenty (20) or more calendar weeks during the relevant time period.
4. Pursuant to the ADA, the parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan (Southern Division) over the subject matter and parties to this case forthe purpose of entering this Decree, and, if necessary, enforcing the provisions of this Decree.
5. Venue is appropriate in the Eastern District of Michigan (Southern Division). For purposes of this Decree and proceedings related to this Decree only, Select Specialty 2

agrees that all statutory conditions precedent to the institution of this lawsuit have been fulfilled.
MONETARY RELIEF
6. Select Specialty agrees to pay Katrina Malone monetary relief in the amount of nine thousand dollars ($9,000) within thirty (30) days of the acceptance and signing of this Decree. An IRS Form 1099 will be issued to Ms. Malone. The funds are to be paid directly to Malone, via U.S. Mail at 19303 Concord St., Detroit, Michigan 48234, with a copy of the check sent to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226.
NON·DlSCRIMINATION
7. Select Specialty, its officers, agents, employees, successors, assigns and all persons in active concert of participation with it, shall comply with the ADA's in all respects.
NON·RETALIATlON
8. Select Specialty, through its directors, officers, agents, successors, assigns and employees, will not retaliate against any person known to them who participated or cooperated in the investigation and prosecution by the EEOC of Charge Number 230A1-1259, filed under the Americans with Disabilities Act.
DISPUTE RESOLUTION AND COMPLIANCE
9. The Parties agree that the United States District Court for the Eastern District of Michigan, Southern Division, shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of 3

either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review.
POSTING OF NOTICE
10. Select Specialty agrees to post a mutually agreeable notification, attached as Attachment A, in at least one (1) conspicuous place at its Macomb County facility, which sets forth employees' rights regarding the federal anti-discrimination laws. This notice shall be posted for three (3) years from the entry of this Decree. Should any posted copies of the notice become defaced, marred or otherwise made unreadable, Select Specialty agrees to post a readable copy of this notice in the same manner heretofore specified as soon as practical thereafter.
NON-ADMISSION OF LIABILITY
11. Select Specialty has denied all allegations set forth in Civil Action D3 -73107( ,along with any and all inferences of wrongdoing, and neither its consent to the entry of this Decree, nor any of the terms or conditions set forth herein shall constitute an adjudication or finding on the merits of the case or be construed as an admission of liability, wrongdoing, guilt, and/or violation of federal law, which Select Specialty expressly denies. ALLOCATION OF COST
12. The Parties agree to pay their respective costs and attorneys fees associated with the drafting and enforcement of this Decree.
4

__ .... _.-.._. .. - - - - - - - - - - - - - - _ . _ - - - - - - - - - - - - -
SEVERABILITY CLAUSE 13. If any provision of this Decree is found to be unenforceable by a court, only the
specific provision in question shall be affected and the other enforceable provisions shall remain in full force.
TRAINING 14. Select Specialty agrees that it will provide a mandatory training program to all
management and supervisory personnel at its Macomb County facil ity who participate in personnel decision making, which will focus on the Americans with Disabilities Act of 1990, as amended. The training will be completed within ninety (90) days of the entry of this Decree. The training will include information and discussion regarding the ADA requirement that employers must conduct an individual assessment of an applicant's ability to perform the essential functions of the job, with or without reasonable accommodation, before disqualifying such individuals from employment. The name of the individual(s) conducting the training, a list of participants and the topics discussed shall be provided to Adele Rapport, Regional Attorney, Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, Michigan 48226, within thirty (30) days of completion of the training.
ENTIRE AGREEMENT 15. This Decree constitutes the entire agreement and commitments of the parties.' Any
modifications to this agreement must be mutually agreed upon in writing and signed by the parties hereto.
DURATION 5

16. This Decree shall remain in effect for three (3) years from its entry with the Court.

ADELE RAPPORT 4833) STANLEYPITTS(P 3519) DALE PRICE (P55578) Equal Employment Opportunity Commission 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-5673
IT IS SO ORDERED:
!vJ

HARD SMITH (P36668) Select Specialty Hospital-Macomb County, Inc. Blake, Kirchner, Symonds Mcfarlane, Larson & Smith, PC 535 Griswold St. Ste 1432 Detroit, Michigan 48226 (313) 961-7321
DATE

6

, .

EXHIBIT A NOTICE

The ADA prohibits discrimination against any employee on the basis of disability with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or in retaliation for the opposition to unlawful employment practices.

Select Specialty Hospital-Macomb County, Inc. supports and will comply with this federal law in all respects. Select Specialty Hospital-Macomb County, Inc. further agrees that it will conduct an individual assessment of all applicants' ability to perform the essential functions of the job, with or without reasonable accommodation, before disqualifying any applicant from employment.

Dated: _ _ _ __

SELECT SPECIALTY HOSPITALMACOMB COUNTY, INC.

7

 
 • •
. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

EQUALEMPLOYMENTOPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

~

)

)

SELECT SPECIALTY HOSPITAL- MACOMB )

COUNTY, INC.

)

)

Defendant.

)

)

7' 3 6 7 1 HONORAl('f3 -

CASE NO. PAUL D. BORMAN

COMPLAINT AND JURY TRIAL DEMAND

MAGISTRATE JUDG.E MORGAN

.~ '!.~-> ~
'-oJ

' ..... -...,.

This

is

an

action

under

NATURE OF THE ACTION Title I of the Americans With Disabilities

Act

of

'
1990

", .~?. d-...pcf:-'ue rJ 'o~-'I

, .~, 7:" ....... .,;

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disabI!.lty and

to make whole Katrina Malone ("Malone").

The Equal Employment Opportunity Commission alleges that Defendant, Select Specialty

Hospital-Macomb County, Inc. ("Select Specialty") violated the Americans with Disabilities Act by

terminating her employment based on her perceived disability (a back impairment).

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 107(a) of the Americans With

Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections

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

5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, as amended, 42 U.S.C.

Section 1981(A).

\

• •
2. The employment practices hereafter alleged to be unlawful were committed in the Eastern District of Michigan.
PARTIES 3. The 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 I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) of Title VIT, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Select Specialty was doing business in the State of Michigan and the City of Mount Clemens, and continuously had at least fifteen (15) employees. 5. At all relevant times, Dcfendant Select Specialty was continuously engagcd in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(g) and (h) of Titlc VIT, 42 U.S.C. § 2000e(g) and (h). 6. At all relevant times, Defendant Select Specialty was a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Malone filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Select Specialty. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning May 21, 2001, Defcndant Select Specialty engaged in unlawful employment practices in violation of the ADA Sections 102(a), 42 U.S.C. §§ 12112(a), at its Mount
2

• •
Clemens, Michigan facility. The Defendant's unlawful practices include, but are not limited to,
failing to reasonably accommodate Malone as an employee by discharging her based on her perceived disability (a back impairment).
9. Malone is a qualified individual with a disability who was able to perform the essential functions of her position with or without reasonable accommodation.
10. The effect of the above-mentioned unlawful employment practices has been to deprive Malone of equal employment opportunities because of her disability.
11. The above-mentioned unlawful employment practices were intentional. PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disability; B. Order the Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices; C. Order the Defendant Employer to provide training to its management employees regarding the ADA; D. Order the Defendant Employer to make whole Malone by providing her with appropriate lost earnings and benefits, with pre-judgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices; E. Order Defendant Employer to make whole Malone by providing compensation for
3

• •
past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above in amounts to be proven at trial.
F. Grant the Commission its costs in this action; and
G. Grant such further relief as the Court deems necessary and proper.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAl\t1ES L. LEE Deputy General Counsel
Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, D.C. 20507

DATE I

STANLEY PITTS Supervisory Trial Attorney
DALE PRICE Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroi t, Michigan 48226 (313) 226-6701

4

 
 CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?195578056585038-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:03-cv-73671-PDB

CLOSED, VMM

Equal Empl v. Select Spec Hosp Assigned to: Judge Paul D Borman Demand: $0
Plaintiff Equal Employment Opportunity Commission TERMINATED: 09/30/2003
V. Defendant Select Specialty Hospital-Macomb County, Incorporated TERMINATED: 09/30/2003

Date Filed: 09/24/2003 Date Terminated: 09/30/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Dale R. Price, Jr. Equal Employment Opportunities Commission (Detroit) 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-7808 Email: dale.price@eeoc.gov TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/24/2003 09/30/2003

#

Docket Text

1 COMPLAINT with jury demand (LS) (Entered: 09/25/2003)
2 CONSENT judgment entered by Judge Paul D. Borman [EOD Date: 10/1/03] (lg) (Entered: 10/01/2003)

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