Case 9:99-cv-08434-DTKH Document 1 Entered on FLSD Docket 06/15/1999 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

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COMMISSION, Plaintiff,

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CIVIL {/ACTION NO.

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ASSOCIATED HOME HEALTH CARE OF PALM BEACH, A DIVISION OF MARSHAL MEDICAL SERVICES, INC.
Defendant.

)

)

)

INJUNCINE RELIEF SOUGHT

)

) JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 to correct tmlawful employment practices on the basis ofdisability and to provide app10priate relief to Rosetta Jackson who was adversely affected by such practices. The Commission alleges that the Defendant failed to provide Rosetta Jackson, a qualified individual with a disability, with a reasonable accommodation and that the Defendant terminated Rosetta Jackson's employment because of her disability.
JURISDICDON 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 l07(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates
by reference Section 706(f)(1) and (3) ofTitle vn of the Civil Rights Act of 1964 ("Title Vll"), 42
U.S.C. § 2000e-5(t)(l) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991,
1

Case 9:99-cv-08434-DTKH Document 1 Entered on FLSD Docket 06/15/1999 Page 2 of 6
42 u.s.c. §1981A.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District for the Southern District of Florida, West Palm Beach Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"}, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title 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) and (3), 42 U.S.C. §2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981A. 4. At all relevant times, Defendant, Associated Home Health Care of Palm Beach, a division of Marshal Medical Services, Inc., has continuously been doing business in the State of Florida and the City of Delray Beach, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce under 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 Sections 701(g) and (h) of Title VTI, 42 U.S.C. §§2000e(g) and (h).
6. At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
2

Case 9:99-cv-08434-DTKH Document 1 Entered on FLSD Docket 06/15/1999 Page 3 of 6
STATEMENT OF CLAIMS
7. More than thirty days prior to the institution of this lawsuit. Rosetta Jackson filed a charge with the Commission alleging violations ofTitle I of the ADA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since on or about September 16, 1996, Defendant Employer has engaged in unlawful employment practices at its facility, in violation of Section 102 ofTitle I of the ADA, 42 U.S.C. 12112. Defendant discriminated against Rosetta Jackson in the terms and conditions of her employment by failing to provide her with a reasonable accommodation for her disability, and by terminating her employment because of this disability.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Rosetta Jackson ofequal employment opportunities and otherwise adversely affect her status as an employee, because ofher disability.
10. The unlawful employment practices complained of in paragraph 8 above were intentional.
11. The unlawful employment practices complained ofin paragraphs 8 above were done with malice or with reckless indifference to the federally protected rights of Rosetta Jackson.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it. from engaging in failure to provide
3

Case 9:99-cv-08434-DTKH Document 1 Entered on FLSD Docket 06/15/1999 Page 4 of 6
reasonable accommodations, discriminatory discharge and any other employment practice which discriminates on the basis of disability.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole Rosetta Jackson, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices; including but not limited to reinstatement of Rosetta Jackson and/or frontpay.
D. Order Defendant Employer to make whole Rosetta Jackson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including but not limited to, out ofpocket losses suffered by Rosetta Jackson such as medical, job search, and transportation expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Rosetta Jackson by providing compensation, in amounts to be determined at trial, for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life.
F. Order Defendant Employer to pay Rosetta Jackson punitive damages for its malicious and reckless conduct, as described in paragraph 8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
4

Case 9:99-cv-08434-DTKH Document 1 Entered on FLSD Docket 06/15/1999 Page 5 of 6

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted,

C. GREGORY STEWART General Counsel

G~OLYNY.~S
Associate General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

Gll..BERT CARRILLO

I , )

S · ory ri& ~'mlf)JA

CHELH.SHO~

Senior Trial Attorney Florida Bar Number 0988626

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131 (305) 530-6003

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5

Case 9:99-cv-08434-DTKH DocumenCtIV1IL CEOnVteEreRdSoHnEFELTSD Docket 06/15/1999 Page 6 of 6
Tt1e JS-44 ctvd cover shret and :t':e .ntorm,won conu~n~ lterf'ln ne;("P.r re-plact nor supplement the filing 1nd servtCf of ple.,ines or att'\er p.aers as reQuired by IM, except 11 crov•ded bv local rules of court. Thtl form. JOCroud bv the Judtcial Conttretlef' ot the Un,ted St"" '" Sepumber 1974. is riQU~ted for the uu of the Clerk at Court for the pur~ of ;ntt1•t•n9 the,,..,,, dcxket sheot. ISEE INSTRUCTIONS 01\1 THE REVERSE OF THE FORM.)
I (a) PLAINTIFFS
Equal Employment Opportunity Commission

Inc

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0 2 U.S. Government
Defendant

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(For Diversity Cases Only)

Citizen of This State

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Citizen or SubJect of a Foreign Country

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Incorporated or Principal Place
of Business In This State lncorporetad and Principal Place
of Buslneaa in Another Stata Foreign Nation

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VIII. RELATED CASE(S) (See instructicns): IF ANY

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 Case 9:99-cv-08434-DTKH Document 8 Entered on FLSD Docket 11/17/1999 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

NOV 1 6 b':i'J

vs.

CASE NO. 99-8434-CIV-HURLEY

ASSOCIATED HOME HEALTH CARE OF PALM BEACH, ETC.,
Defendant. ----------------------------------------------------,I

ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO
UNITED STATES MAGISTRATE JUDGE

THIS CAUSE is before the court upon receipt ofthe parties' joint scheduling report. It is thereupon,
ORDERED and ADJUDGED: Trial Date & Location
I. This case is set for trial on the October 2000 calendar commencing on Tuesday, October 10,2000. Counsel for all parties shall appear at a calendar call commencing at 1:30 p.m. on Friday, September 29,2000. Unless instructed otherwise by subsequent order, the trial and all other proceedings in this case shall be conducted in courtroom 5 at the U.S. Courthouse, 701 Clematis Street, West Palm Beach, Florida.
Motion Practice 2. Every motion filed in this case shall be accompanied by one proposed original order granting the motion. The order shall contain an up-to-date service list of all attorneys in the case.

Case 9:99-cv-08434-DTKH Document 8 Entered on FLSD Docket 11/17/1999 Page 2 of 5

In light of the court's "fax-back" program, additional copies ofthe proposed order and self-

addressed stamped envelopes should not be provided.

Pretrial Discovery Schedule

3. Pretrial discovery shall be conducted in accord with Local Rules 16.1 and 26.1 and the

Federal Rules of Civil Procedure. The court has considered but, at present, declines to adopt the

parties' suggested discovery schedule. If, after reviewing the following schedule, the parties conclude

their proposal is preferable, they may resubmit a proposed discovery schedule in the form of a

proposed agreed order. Once entered it shall supersede the generic schedule outlined below. Note:

any substitute schedule must include the time frame set forth below for the submission of summary

judgment motions (not later than ninety (90) days prior to commencement of trial calendar).

Rule 14. 19 Motions

-- 180 days before trial calendar

Discovery Cutoff

-- 90 days before trial calendar

Substantive Pretrial Motions

-- 90 days before trial calendar

Mediation Cutoff

-- 60 days before trial calendar

Rule 15(a), (d) Motions

-- 60 days before trial calendar

Mandatory Pretrial Stipulation

-- 5 days before calendar call (note Local Rule 16.1.E)

Pretrial Conference

--as directed by the court

Voir Dire Questions

--First day ofjury trial

Jury Instructions

-- 5 days before calendar call

Proposed Findings & Conclusions -- 5 days before calendar call

Motions in Limine

-- First day of trial

2

Case 9:99-cv-08434-DTKH Document 8 Entered on FLSD Docket 11/17/1999 Page 3 of 5

Exhibit List for Court (Two Copies)
Witness List for Court (Two Copies)

-- First day of trial (impeachment excepted)
-- First day of trial (impeachment excepted)

Consent Jurisdiction 4. In light of the benefits offered by a trial before a magistrate judge, M· trial on a date certain as opposed to placement on a month-long calendar, the parties are urged to consider this option. Therefore, within twenty (20) days ofthe entry ofthis order each attorney is ordered to meet with his/her client and discuss this option. At the end of the twenty-day period, each party shall file a separate pleading indicating: ( 1) that they have met and discussed magistrate jurisdiction and (2) unequivocally setting forth their position (yes or no) on magistrate consent jurisdiction. Plaintiff's counsel shall monitor this process. If there is not unanimity in favor of magistrate jurisdiction, plaintiff's counsel need do nothing further. If, however, there is unanimity in favor of magistrate jurisdiction, plaintiff's counsel shall send a note to the court, with a copy to defense counsel, alerting the court to this issue. It is the receipt of this note that will cause the court to meet with the magistrate judge and obtain a new trial date for the parties.
Mediation 5. Pursuant to Federal Rule ofCivil Procedure 16 and Local Rule 16.2, this case is referred to mediation as follows:
a. The mediation shall be completed sixty (60) days prior to the scheduled trial calendar.
b. The parties shall, within ninety (90) days hereof, agree upon a mediator and
3

Case 9:99-cv-08434-DTKH Document 8 Entered on FLSD Docket 11/17/1999 Page 4 of 5

advise the Clerk's office oftheir choice, failing which the Clerk will designate a mediator from

the list of certified mediators on a blind random basis;

c.

Plaintiff's counsel shall be responsible for coordinating the mediation

conference date and location agreeable to the mediator and all counsel of record;

d. Within five (5) days following the mediation conference, the mediator shall file

a Mediation Report indicating who attended the mediation and the result thereof.

Discovery Referred to Magistrate Judge

6. In accordance with the Magistrate Act, 28 U.S.C. § 636(b)(l)(A), and Federal Rule of

Civil Procedure 72, all pretrial discovery motions which may be filed in this case and all motions that

relate directly to these motions, such as motions for extension of time, motions for reconsideration,

motions for sanctions, and motions for mental or physical examinations are REFERRED to United

States Magistrate Judge Frank J. Lynch for final disposition. Counsel shall send a copy of any

discovery motion or responsive pleading directly to the Magistrate Judge at the same time that

pleading is filed with the Court. Counsel shall caption the Magistrate Judge's name below the case

number.

7. This referral shall expire at the end ofthe discovery period established in the pretrial

schedule above. Upon expiration, all matters pending before the United States Magistrate Judge shall

remain before the Magistrate Judge for resolution, and all new matters shall be filed for consideration

by the undersigned.

Telephonic Conferencing

8. When practical, counsel are urged to utilize telephonic conferencing for any pretrial

appearances including calendar call. Counsel wishing to appear in this manner for any proceeding

4

) Case 9:99-cv-08434-DTKH Document 8 Entered on FLSD Docket 11/17/1999 Page 5 of 5

must notify the Courtroom Deputy at 561/803-3452 at least 24 hours prior to the proceeding.

Counsel wishing to appear for the calendar call by telephone must so notify the Courtroom Deputy

by noon of the Wednesday preceding the date of the calendar call.

J.5L DONE and SIGNED in Chambers at West Palm Beach, Florida, this

day of

November, 1999.

copy furnished: Magistrate Judge Frank J. Lynch, Jr. Rachel H. Shonfield, Esq. John B. Chiara, Esq.

United States Diyrici Judge

For updated court information, visit unofficial Web site

5

at http://sites.netscape.net/usctssodflalhomepage

 
 Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

~;·-".ICJ_

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

99-8434-CIV -HURLEY

)

)

ASSOCIATED HOME HEALTH CARE OF

)

PALM BEACH

)

NOV 2 2000

)

)

CARlOS JUENKf.
.LD£.RK0'U'.IS.A. .D•ISWT..PC.eT:

CONSENT DECREE

1. This Consent Decree (the "Decreeu) is made and entered

into by and between Plaintlff, the Equal Employment Opportunity

Commission (hereinafter referred to as the "Commission" or "EEOC")

and Defendant Associated Home Health Care of Palm Beach

(hereinafter referred to as "Associated Home Health) . The

Commission and Associated Home Health are collectively referred to

herein as "the Parties."

2. On June 11, 1999, EEOC initiated this action by filing

its Complaint against Associated Home Health. EEOC's Complaint

alleged that Associated Home Health violated the Americans with

Disability Act of 1990 ("ADA"). The Complaint arose out of the

allegations in an EEOC charge filed by Rosetta Jackson against

Associated Home Health.

3. On August 26, 1999, Associated Home Health, filed its

Answer to EEOC's Complaint, denying its actions were discriminatory '1
~ l
/9

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 2 of 11

in any way.

4. In the interests of resolving this matter/ to avoid the

costs of litigation/ and as a result of having engaged in

comprehensive settlement negotiations/ the Parties have agreed that

this action should be finally resolved by the entry of this Decree.

This Decree is final and binding upon the Parties/ their successors

and assigns.

5. The Parties agree that this DPcree resolves all claims

against Associated Home Health arising out of EEOC Charge Number

lSM-97-0085 1 and the Complaint filed in this action/ and constitutes a complete resolution of all claims under the Americans

with Disabilities Act. The Parties further agree that this Decree

does not resolve any Charges of Discrimination that may be pending

with the EEOC other Lhan the Charges referred to in this paragraph.

6. This Decree constitutes the complete agreement between

the EEOC and Associated Home Health with respect to the matters

referred to herein.

No representations or inducements to

compromise this action have been mader other that those recited or

referenced in this Decree. No waiver 1 modification or amendment of any provision of this Decree shall be effective unless made in

writing, approved by all parties to this Decree and approved or

ordered by the Court.

NOW, THEREFORE, the Court having carefully examined the terms

and provisions of this Consent Decree, and based on the pleadings

2

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 3 of 11
filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT: 7. This Court has jurisdiction of the subject matter of this
action and over the parties for the purposes of entering and enforcing this Decree.
GENERAL INJUNCTIVE PROVISIONS 8. Associated Home Health, its officers, managers, employees, agents and partners, are enjoined from discriminating against any employee who opposes any of Defendant's practices which the employee believes to be a violation of the Americans with Disability Act of 1990; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case. 9. Associated Home Health, its officers, managers, employees, agents and partners, agree that it will not engage in any conduct which violates the Americans with Disabilities Act of 1990, by failing to reasonably accommodate individuals with disabilities.
TRAINING 10. Associated Home Health will establish a written policy of compliance with the ADA. A copy of Associated Home Health's written policy will be provided to the EEOC within 30 days of the Court's execution of this consent decree. Associated Home Health certifies that a complete copy of its ADA policy will be provided
3

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 4 of 11
to all its current employees at all of its facilities within 30 days of the entry of this Decree. Associated Home Health further agrees that all new employees will be provided a copy of the policy as part of the new employee orientation process.
11. In order to further insure the effective implementation of Associated Home Health's anti-discrimination policies, Associated Home Health will conduct training for all of its managers and supervisory personnel at its corporate facility, in West Palm Beach/ Florida/ on all aspects of the ADA. Such training will be at least two hours in length and shall be conducted within three months of the entry of this Decree and on a yearly basis, thereafter, throughout the duration of this decree. Associated Home Health agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), date(s) of the training, copies of all training material to be used at the training scsslon, the name of the individual (s) who will be providing the training material and a list of the names and titles of each employee who will be in attendance at the training. Additionally, Associated Home Health agrees that the EEOC shall, at its discretion, be in attendance at the training session(s).
POSTING 12. Associated Home Health will post within seven days from the Court's execution of this Decree an 11" x 17" size copy of the Notice attached hereto as Exhibit A. Said notice shall be posted
4

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 5 of 11
at all Associated Home Health facilities for the duration of this Decree in conspicuous locations accessible to all employees.
MONITORING 13. Associated Home Health will retain all employment records relating in any way to any complaint, allegation and investigation of ADA discrimination at any of Associated Home Health's facilities for the duration of this Decree and as required by law. 14. Associated Home Health will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification will be due no later than February 15, 2001. With each such certification, the Associated Home Health will provide the EEOC with the name, address and phone number of any person who alleges they have been discriminated against because of their disability while working at any of Associated Home HeAlth's facilities during the preceding six (6) months. Associated Home Health will also state its actions taken in response to each such allegation. Associated Home Health will provide, upon request by the Commission any and all documentation associated with each such complaint. 15. Associated Home Health will retain copies of all ADA complaints along with the results of internal investigations for the duration of this Decree, and shall make the same available to the EEOC for inspection on a bi-annual basis, at the EEOC's
5

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 6 of 11
request. MONETARY RELIEF
16. Associated Home Health shall pay Rosetta Jackson a lump sum in the amount of $10,000, which represents a full settlement of all claims herein and is not an admission of liability by Associated Home Health. Associated Home Health shall pay $6000 within five (5) days of the Court's execution of this consent decree, and $4000 within sixty(60)days of the Court's execution of this Decree. The payment to Rosetta Jackson shall be made by certified check made payable to "Rosetta Jackson" and forwarded to Rosetta Jackson at her home address, by certified mail with a return receipt requested. Defendant agrees to simultaneously provide the Miami District Office of the EEOC with a copy of each payment or checks as well as a copy of the certified mail notice. Said copies shall be forwarded to the attention of Kenneth L. GiJlespie, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
17. If the Associated Home Health fails to tender the abovementioned payments as set forth in paragraph 16, then Associated Home Health shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
6

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 7 of 11

ENFORCEMENT OF DECREE

18. The Commission and Associated Home Health will make best

efforts to effectuate the terms of this Decree.

19. The Commission shall have independent authority to seek

the judicial enforcement of any aspect, term or provision of this

Decree.

COSTS

20. Each Party shall bear its own cosls and attorneys' fees

associated with this litigation.

DURATION OF CONSENT DECREE

21. The duration of this Decree shall be four (4) years from

the date of entry of the Decree.

22. This case will be dismissed with prejudice. However, the

Court will reta1n jurisdiction to enforce this Consent Decree

during the four year period that said Decree is in effer.t.

SO ORDERED, ADJUDGED AND DECREED, this
c0..m:==, 1 2 000 •

day of
/

·' '

7

Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 8 of 11

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

. 1

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by:

I itA- lL-< . . I( <IIh /._L . ., __:

Delner Franklin-Thomas

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Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE DEFENDANTS

by:

Date:

I

I

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Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 9 of 11

POSTED PURSUANT TO A CONSENT DECREE
This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. Associated Home Health of Palm Beach, Civil Action No.99-8434-CIV-HURLEY in the Southern District of Florida.

Under Section 102 of Title I of the Americans with Disabilities Act of 1990:
It shall be an unlawful employment practice for an employer:

(1) to limit, segregate, or classify a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(2) to participate ln a contractual or other agreement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by the ADA (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs) ;

( 3) to utilize administration -

standards,

criteria,

or methods of

(A) that have the effect of discrimination on the basis of disability; or

(B) that perpetuate the discrimination of others who are

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Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 10 of 11
subject to common administrative control;
(4) to exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;
(5) (A) to not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
(B) to deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;
(6) to use qualificaclon standards, employment tests or other select ion criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and
(7) to fail to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking
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Case 9:99-cv-08434-DTKH Document 19 Entered on FLSD Docket 11/03/2000 Page 11 of 11
skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).
Associated Home Health will not engage in any of the above acts or practices.
Associated Home He~lth will not discriminate or retaliate in any manner against any person because of opposition to any practice declared unlawful under the ADA or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding, or hearing under the ADA.
Associated Home Health will maintain and conduct all employment policies and practices in a ~anner which does not discriminate on the basis of disability or retaliation.
This notice shall remain posted for four years from the date signed. Employees or applicants for employment who have questions about their rights under the American with Disabilities Act of 1990 or any other federal anti-discrimination laws may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000, (305) 530-6000 or (305)530-6007.

PRESIDENT/CEO, Associated Home Health of Palm Beach

Signed this

day of -------' 2000.

 
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U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:99-cv-08434-DTKH

CLOSED

Equal Employment v. Associated Home Assigned to: Judge Daniel T. K. Hurley Demand: $0 Cause: 42:12182 Americans with Disabilities Act

Date Filed: 06/11/1999 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Clifford Gregory Stewart Equal Employment Opportunity Commission 1801 L Street NW Washington, DC 20507 202-663-4195 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel H. Shonfield Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6007 TERMINATED: 06/18/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Associated Home Health Care of Palm Beach a division of Marshal Medical Services, Inc.

represented by John Boyer DiChiara John B. DiChiara, P.A. 507 SE 11th Court Fort Lauderdale, FL 33316 954-522-5101 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/11/1999

#

Docket Text

1 COMPLAINT filed; FILING FEE WAIVED; A-7, FJL (Former Deputy

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06/11/1999 06/11/1999 06/18/1999
08/18/1999 09/16/1999 10/14/1999
10/26/1999 11/16/1999
11/16/1999 11/16/1999 03/02/2000 03/06/2000

Clerk) (Entered: 06/15/1999)
Magistrate identification: Magistrate Judge Frank J. Lynch, Jr. (Former Deputy Clerk) (Entered: 06/15/1999)
2 SUMMONS(ES) issued for Associated Home (Former Deputy Clerk) (Entered: 06/15/1999)
3 ORDER REQUIRING COUNSEL TO MEET & FILE JOINT SCHEDULING REPORT: PRETRIAL ORDER filed: ( Signed by Judge Daniel T. K. Hurley on 6/18/99) CCAP [EOD Date: 6/21/99] (Former Deputy Clerk) (Entered: 06/21/1999)
4 ANSWER to Complaint by Associated Home (Attorney John Boyer DiChiara),; jury demand (Former Deputy Clerk) (Entered: 08/19/1999)
5 Joint Scheduling Report of Scheduling Meeting by Equal Employment, Associated Home (Former Deputy Clerk) (Entered: 09/21/1999)
6 ORDER REQURING COUNSEL TO MEET & FILE AMENDED JOINT SCHEDULING REPORT: PRETRIAL ORDER filed: ( Signed by Judge Daniel T. K. Hurley on 10/13/99) CCAP [EOD Date: 10/15/99] (Former Deputy Clerk) (Entered: 10/15/1999)
7 Joint Scheduling Report of Scheduling Meeting by Equal Employment, Associated Home (Former Deputy Clerk) Modified on 10/27/1999 (Entered: 10/27/1999)
8 ORDER SETTING TRAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE: ORDER set trial for 10/10/00 before Judge Daniel T. K. Hurley , set calendar call for 1:30 9/29/00 before Judge Daniel T. K. Hurley (See order for other dadelines) (Signed by Judge Daniel T. K. Hurley on 11/15/99) CCAP [EOD Date: 11/17/99] (Former Deputy Clerk) (Entered: 11/17/1999)
8 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Frank J. Lynch, Jr. ( Signed by Judge Daniel T. K. Hurley on 11/15/99) CCAP (Former Deputy Clerk) (Entered: 11/17/1999)
8 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Daniel T. K. Hurley on 11/15/99) CCAP [EOD Date: 11/17/99] (Former Deputy Clerk) (Entered: 11/17/1999)
9 UNPPOSED MOTION by Equal Employment to continue trial and calendar call due to the observance of the Jewish High Holidays (Former Deputy Clerk) Modified on 03/06/2000 (Entered: 03/02/2000)
10 ORDER denying [9-1] motion to continue trial and calendar call due to the observance of the Jewish High Holidays. Plaintiff, a large Federal Agency, may designate substitute counsel for calendar call or original counsel may make arrangements to attend by telephone (Signed by Judge Daniel T. K. Hurley on 3/5/00) CCAP [EOD Date: 3/6/00] (Former Deputy Clerk) (Entered: 03/06/2000)

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06/13/2000 06/27/2000 06/27/2000 07/06/2000 07/12/2000 07/13/2000
07/14/2000 08/21/2000 11/02/2000
11/02/2000

11 NOTICE of Unavailability by attorney for Associated Home for dates of: 7/31/00 through 8/14/00 (Former Deputy Clerk) (Entered: 06/13/2000)
12 RE-NOTICE by Associated Home to take deposition of Rosetta Jackson 7/10/00 at 10:00 (Former Deputy Clerk) (Entered: 06/28/2000)
13 NOTICE by Associated Home to take deposition of Rosetta Jackson 7/11/00 at 10:00 (Former Deputy Clerk) (Entered: 06/28/2000)
14 RE-NOTICE by Associated Home to take deposition of Rosetta Jackson 7/20/00 at 10:00 (Former Deputy Clerk) (Entered: 07/06/2000)
15 PARTIES JOINT EMERGENCY MOTION by Equal Employment, Associated Home to extend discovery deadline (Former Deputy Clerk) (Entered: 07/13/2000)
16 REPORT of Mediator that: An adjournment was agreed to, pending the attorneys' accomplishing specific goals. The parties will reconvene for further mediation. Plaintiff counsel being directed to timely coordinate scheduling (Former Deputy Clerk) (Entered: 07/14/2000)
17 ORDER granting [15-1] joint motion to extend discovery deadline to 8/14/00 (Signed by Magistrate Frank J. Lynch on 7/14/00) CCAP [EOD Date: 7/17/00] (cg, Deputy Clerk) (Entered: 07/17/2000)
18 ORDER ON TRIAL PREPARATION: (Signed by Judge Daniel T. K. Hurley on 8/18/00) CCAP [EOD Date: 8/22/00] (Former Deputy Clerk) (Entered: 08/22/2000)
19 CONSENT DECREE: for Equal Employment, Associated Home against Associated Home for amount of #10,000. Each party shall bear its own costs and attorneys' fees associated with this litigation. This case will be dismissed with prejudice. However, the Court will retain jurisidiction to enforce this Consent Decree during the four year period that said decree is in effect (Signed by Judge Daniel T. K. Hurley on 11/1/00) CCAP [EOD Date: 11/3/00] (Former Deputy Clerk) Modified on 11/03/2000 (Entered: 11/03/2000)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (Former Deputy Clerk) (Entered: 11/03/2000)

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