United States Equal Employment Opportunity Commission 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 Iris Santiago-Flores Trial Attorney (215) 440-2684
UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff, )

)

v.

)

)

)

HCR MANOR CARE HEALTH SERVICES )

AT YARDLEY,

)

Defendant. )

Civil Action No. 02-cv-7483(JD)
AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (“Title VII”) to correct unlawful employment practices on the basis of race (Black) and to provide appropriate relief to a class of three black former employees of Defendant who were adversely affected by such practices. The Commission alleges that Defendant HCR Manor Care Health Services (“Defendant”) discriminated against Evette Ford, Djenen Augustin, and Kenyattia Gaither, because of their race (Black), by subjecting them to harsher disciplinary treatment under its progressive disciplinary procedures and by causing their termination, while similarly situated white employees who engaged in similar or identical conduct were not subjected to the same treatment. As a result of Defendant’s racially discriminatory treatment, Ms. Ford, Ms. Augustin, and Ms. Gaither suffered lost wages, emotional distress, and other damages.
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), as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3), 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant HCR Manor Care Health Services, located in Yardley, Pennsylvania, has been doing business in the State of Pennsylvania, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the initiation of this lawsuit, Evette Ford, Djenen Augustin, and Kenyattia Gaither, each filed separate charges with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least February, 2001, Defendant has engaged in unlawful employment practices at its Yardley, Pennsylvania location in violation of Section 703(a), as amended, 42 U.S.C. § 2000e3(a). Specifically, the Commission alleges that Defendant discriminated against Ford, Augustin, and
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Gaither, based on their race (Black), by subjecting them to more severe disciplinary actions and termination for violation of its policies because of their race, Black.
A. Evette Ford, who is Black, was initially hired by Defendant Employer on April 23, 1998. She was last employed by Defendant Employer as a Certified Nursing Assistant (CNA) from September 11, 2000 until February 14, 2001. Her hourly rate of pay was $9.36. Ford was qualified for her position as CNA and performed her job duties satisfactorily. In January 2000, she received her certification as a Nurse Aide and was registered in the Pennsylvania Nurse Aide Registry.
B. Since October 28, 2000, Ford was permanently assigned as a full-time CNA in the South Wing Unit on the 7:00 a.m. to 3:00 p.m. shift. On February 14, 2001, Defendant Employer terminated her employment for the “critical offense of insubordinate acts or statements or willful failure to carry out orders” after she refused to go to the Arcadia Unit, to which she was not permanently assigned.
C. Prior to February, 2001, White Certified Nurse Assistants had similarly refused assignments to other Units to which they were not permanently assigned, yet they were not similarly disciplined or subject to termination.
D. Augustin, who is also Black, was employed with Defendant Employer as a CNA from June, 2000 to February 4, 2001. She was paid $8.00 per hour. She was permanently assigned to the Newtown Unit on the 7:00 a.m. to 3:00 p.m. shift. Augustin was qualified for her position as CNA and performed her job duties satisfactorily. In August, 2000, she had successfully completed the Nurse Aide Training Program conducted by TLC Institute in Mercer County, New Jersey. At the time of her termination, she was eligible to retake the state test for Nurses Aides to get appropriate certification.
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E. Gaither, who is Black, was employed as a CNA with Defendant Employer from July 25, 2000 to February 4, 2001. She was also paid $8.00 per hour. Along with Augustin, she was permanently assigned to the Newtown Unit on the 7:00 a.m. to 3:00 p.m. shift. Gaither was qualified for her position as CNA and performed her job duties satisfactorily. In or around August, 2000, she had successfully completed the Nurse Aide Training Program sponsored by Defendant Employer. At the time of her termination, she was eligible to retake the state test for Nurse Aide to get appropriate certification.
F. On February 6, 2001, Defendant Employer terminated both Augustin and Gaither from their employment as Certified Nursing Assistants based on “conduct detrimental to company operations that results in serious negative public relations or customer service” for their involvement in a verbal dispute in front of residents.
G. However, on previous occasions, White employees who had engaged in similar misconduct, in violation of Defendant Employer’s policies, were not similarly subjected to discipline and/or termination.
H. In addition, on a regular basis, Black CNAs were subjected to reprimands for infractions such as tardiness, absenteeism, leaving their assignment without authorization, and other violations of company policies at a substantially higher rate than White CNAs who engage in similar misconduct.
I. No other employee had been terminated for similar incidents of misconduct or violation of company policy prior to the occurrence of the incidents identified above concerning Ford, Augustin, and Gaither.
8. The effect of the practices complained of in paragraph 7(A)-(I) above has been to
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deprive Ford, Augustin, and Gaither of equal employment opportunities and otherwise adversely affect their status as employees because of their race, Black, in violation of Title VII.
9. The unlawful employment practices complained of in paragraph 7 above were intentional and were done with malice or with reckless indifference to the federally protected rights of Ford, Augustin, and Gaither.
PRAYER FOR RELIEF 10. 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 continuing to wrongfully terminate individuals, and any other employment practice which discriminates on the basis of race, Black.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities to individuals, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Ford, Augustin, and Gaither by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, front pay or reinstatement.
D. Order Defendant to make whole Ford, Augustin, and Gaither by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described above, including, but not limited to, their losses resulting from humiliation, pain, suffering, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order Defendant to pay punitive damages to Ford, Augustin, and Gaither for its
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malicious and reckless conduct described above, in amounts to be determined at trial. F. Grant such further relief as the Court deems necessary and proper in the public
interest. G. 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, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, DC 20507
JACQUELINE H. McNAIR Regional Attorney
JUDITH A. O’BOYLE Supervisory Trial Attorney
IRIS SANTIAGO-FLORES Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 South Fifth Street, Suite 400 Philadelphia, PA 19106 (215) 440-2684 (215) 440-2848 (Fax)
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 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANlA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff, )

)

v.

)

)

)

HeR MANOR CARE HEALTH SERVICES )

AT YARDLEY,

)

Defendant. )

Civil Action No. 02-cv-7483(LD)

ElL EF (l

..',; ('; 1'102

I,

.... ,

....

'.

CONSENT DECREE

This Consent Decree is entered into by the Plaintiff, the United States Equal Emldoyment

Opportunity Commission (the "EEOC" or the "Commission") and. the Defendant" HeR Manor

Care Health Services at Yardley, ("HeR Manor Care"), its directors, officers, agents, employees,

successors or assigns.
I
The Commission brought this action on Sep1,iember 26,2002. in the United ,iState;l District Court for the Eastern District of Pennsylvania to enforce the proviSions of Title VII of the Civil

Rights Act of 1964, as amended, and Title! oftbe Civil Rights Act of 1991,42 U.S.t. § :LODOe, et.

COrruniSSion!'~leged seq ('Title Vll"). In its ComJ11aint; the

that HeR Manor carelcliSCriminated

against Evette Ford, Djenan Augustin. and Kenyattia Gaither, because of their ra~~; (B: ack), by
!
subjecting them to harsher disciplinary treatment undl~r its progressive disciplinary Procecures and
by causing their tennination, while similarly situated white employees who engage~ in s !mila!' or

identical conduct were not subjected to the same tre~tment.

As a result of settlement discussions, and in ain attempt to avoid litigation COfIS, th e pru.tles

I

,

I

to this action do hereby agree to entry of this Co~sent Decree (hereinafter refet'ed t::l as the

•

!

! ,

, ,

.

"Decree") which shall resolve fully and finally aJjl clairp.s which were raised by: 1he EEOC in its

!

I
Complamt. It is the intent of the parties that tbi~' Decree shall be a final and b~ll,ding settlement

!
between the parties signatorY hereto~ their succeS$ors and assigns, in full disposition (If all claims

I I alleged in the Commission's Complaint against H,jeR Manor Care.

The Parties hereby agree that:

1. Tbis Decree is entered into in compromiFe ofthe claims asserted in this civil a:tion. HeR

i

,

Manor

Care

denies

any

wrongdoing,

and

this

Decr¢e , ,

shall,

under

no

circumstancej~,,

be

(.Qnstrued

or

deemed to be evidence of any wrongdoing~ fault,10r liability; ot any infirmity inlthe d~fenses thaI

HeR Manor Care asserted.

,

Uni4: 2_ The EEOC is the agency of the

Stares government autb.orizefl by Congress to

I

,

investigate allegations of unlawful employment discrimination, to bring civil adions based upon

!

these allegations of unlawful practices, and to .see~: relief for individuals affected b)y such practices.

3. The parties stipulate that, purs~ant to l'tpe VII and 28 USC § 451, 1331!, 133~ r, 1343, and

I

1345, the United States District for the Eastern D~strict of Pennsylvania has jurisdlCtion over both

.

Ii·

I

the subject matter and the parties in this case. The p'arties further stipulate that venne is appropriate

in the Eastern District ofPennsylvania.

I

\
NON-DISCRIMINATION

I

4. HeR Manor Care agrees to comply full~ with a.ll of the provisioIL.'l ofT-ide v II, and will

,

I

I
avoid engaging in any employment practice whiChl operates to den.y equal employ~en.t opportunity

,

based on race, in violation of TitJe VIT.

I

5. HeR Manor Care agrees that it shall nJt engage in any employment p!1aGtic( S which
i
retaliate in any manner against a.ny person, indiuding but nOl limited to~ Eventc Ford, Djenan
i
21
! i
i

- - - -~-I'-!
I
I
I,

per~ri'' Augustin, and Kenyattia Gaither, beca1L<;e ofthat :n' s'cooperation with the EEOC wit1 respect

],1

wii' .

I'

to this civil action. HeR Manor Care will co:t:.p.ply :Title VIP s prohibition ofretaljiatior.. because

I'

of the filing ofa charge, the giving of testimony or fiislance, or participation in this mal tor, or in

any investigation, bearing or proceeding under Title JiVn.
6. HCRManor Care shall not dlvulge, ~riy or indirectly, to any employer or potential
employer of EvetteFord, DjenanAugustin, and Kenykttia Gaither, the facts or circum151.an.cr~s related

~anor fih~s participation in the litigation of this matter. FurtherJ

Care agrees that the personnd of

: I

Ms. Augustin. Ms. Ford and Ms. Gaither shalU be renIo' ved from Manor Care at Yardlq and placed

,

I

at Manor Care's cOIporate headquarters in ToledoJ Ohio, where they will be marked "Sealed -

.

I

Contents to be released only as required by law." M ~' or Care will keep at the Yardl(;y facility only

employm~nt~ Ltle documents showing their dates of

job and last rate. of pay.

Cor 7. This Decree, being entered into with the I, sent ofthe Commission and HeR Mi Inor Care
th: shall not constitute an adjudication or fmdillg on merits of the case and shall not be c:oustrued

Il'
as an admission of liability by HeR Manor Care.
MONETARY CO~ENSATION

8. HeR t"'l Manor Care agrees to pay the sum oUI 0,000.00 to Evette Ford in "ttlemem

ofclaims brought by the EEOC in this action. In conlideration for the monetary relief!to be paid, Ms.

J~ Ford agrees to execute a. release to be presented to by HeR Manor Care.

'

9. HCR Manor Care agrees to pay the stt total of $]0,000.00 to Djeruln Augustin in

settlement of claims brought by the EEOC in this adion. In consideration for the monetan, reliefw, be paid, Ms. Augustin agrees to execute a release to ~e presented to her by HeR Manor C rre.

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i' !
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I:
, 10. HeR Manor Care agrees to pay the s~ total of $10,000.00 to KenYG\t1ia Craither in : settlement of cla:ims brought by the EEOC in this act~bn. In considera!ion for the md,netar: f relief to
':i
be paid. Ms. Gaither agrees to execute a release to bej;presented to her by HeR Man~I Cal e.
1L Within fourteen (14) days after HeR Ma!Ilor Care has received their eX4ClIted release"
i Defendant will make the agreed monetary payment.1I, Proof of the payment shall b¢ mail ed to Iris
Santiago-Flores, Senior Trial Attorney, EEOC, Pbila~" elphiaDistrict Office, 21 S. Fiftlh Sueet, Suite
I
400, Philadelphia, PA 19106.

EOUITABLE l~ELIEF

Defendam HeR Manor Care agrees to the f6II'~lowing injunctive relief:

I

faC~Hty 12. HCRManor Care agrees to post aNotice ltits Yardley, Pennsylvania

in the form

daJ attached hereto asllxhibit "A" fur a period of 90 from the date ofthe filing oftj>is D<;cree with

slall ~oard; the Court. The Notice shall be easily legible and

be posted on the bulletin

at HCR

Manor Care where notices, bulletins or announcemlnts of this nature are llsually and customarily

em~loyee,_ ~ p~sted b~"'m" posted for the be!"'fiI of all

Should

copy of the Notice

defaced,

marred or otherwise made l.lPIeadable~ HeR Manor aare agrees immediately to post kread able copy

.

I

i

ofthe Notice.

i
I

I

I

13 _ HCR Manor Care agrees to conduct tr~g on employment discriminati on under Title '

i~ls faCili~ VII for its managers, supervisors, and employees at Yardley, Pennsylvania

lNithm 90 days

l. of the filing ofthe Decree with the Court, unless it completed the training withip the >receding

90 day period. Defendant agrees to notify th e coJission as to the date ofthe trainiirtg, at d provide

~Ieser.ted the identity ofthe presenter(s) and inforrnatioT.l regLding the substantive content

at the

training to the Commission after the trainin.g is coni pleted_

4

- -- --- II -
J: ·1
I.

tl,,,.
14. HeR Manor Care agrees to provide Evette Ford, Djenan Augus~, and Kenyattia

:~ Mano~~ Gaither a neutral Lette.r of reference, stating only eir positions wiLh HeR

Car(:, dateCs) of

;1

employment, and salary.

Ii··

I'

i,

DISPUTE RESOLUfIO I AND COMPLIANCE

15. The Court may order expedited diSCO: ery under the Federal Rules O}Civil Procedure
I
for pmposes of determining compliance with thi~ Decree Or defending against a cl;:im of non-

compliance. The Court will have all equitable po ers, including injunctive relldf, to I!nforce thi.s

Decree.

16. If any provision of the Consent De'ree is found to be unlawful, only ':he specific

full provision in question shall be affected and the oth~r provisions will remain in forGt~ and effect.

br binding ~ture 17. The terms ofthe Decree are and shall

upon the present and

employees,

agents, trustees, ad.ministrators, succeSSorS, representatives, and assigns of HeR Mane r Care.
~e 18. This Decree constitutes me eutire Jreement and comrniunents. of parties. Any
modifications to this agreement must be mutually 'greed upon and memorialized ijl a WI iting signed

by HeR Manor Care and the Conunission.

19. This Decree shall be filed in the Unit d States District Court fOJ; the Eastern District of i j
Pennsylvania and shall continue to be in effect for a period of six (6) months. I ..
I
20. The Parties agree to file a Stipulation,:,of Dismissal with Prejudice in t,he form attached
hereto as Exhibit ''8''.
21. Failure by the Commission to seek:!enforcement of this Decree "With rei~ard to one
provision shall not be construed as a waiver of it rights to do so with regard to the same or other

provisions of this Decree.

5

I--~- ~--~~-

-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

;iHCR MANOR CARE HEALTH S:;RVICE , ATYARDLEY
~~~~~.------
M. Fr s Ryan~ Esq, / ' La ffices of Dechen Pnce & RO,ids "4 0 Bell Atlantic Tower
1717 Arch Street
Philadelphia. PA 19103 (215) 994-4000
Itd/)e?'J
DATE:

APPROVED AND SO ORDERED:

1J..-\'1ID"L.

DATE

J.

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v-- _'" -- L

 
 United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?190442776036573-L_3...
CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:02-cv-07483-LDD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. HRC MANOR CARE HEALTH SERVICES AT YARDLEY Assigned to: HONORABLE LEGROME D. DAVIS Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/26/2002 Date Terminated: 11/22/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by IRIS SANTIAGO-FLORES EQUAL EMPLOYMENT OPPORTUNITY COM PHILA DISTRICT OFFICE 21 S. 5TH ST., STE 400 PHILADELPHIA, PA 19106 215-440-2684 Email: iris.santiago-flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?190442776036573-L_3...

HRC MANOR CARE HEALTH SERVICES AT YARDLEY

represented by M. FRANCES RYAN DECHERT CIRE CENTRE 2929 ARCH STREET PHILADELPHIA, PA 19104-2808 215-994-2438 Email: mfrances.ryan@dechert.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2002 09/26/2002 09/26/2002 09/30/2002
10/21/2002 11/22/2002
11/22/2002 12/09/2002

#

Docket Text

1 COMPLAINT against HRC MANOR CARE HEALTH SERVICES AT YARDLEY, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tj, ) (Entered: 09/26/2002)
Summons Issued; 1 Mailed to counsel 9/26/02. (tj, ) (Entered: 09/26/2002)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 09/26/2002)
2 AMENDED COMPLAINT against HRC MANOR CARE HEALTH SERVICES AT YARDLEY , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(jpd, ) Additional attachment(s) added on 10/17/2002 (ldb, ). (Entered: 09/30/2002)
3 WAIVER OF SERVICE Returned Executed by M. FRANCES RYAN, attorney, on behalf of HRC MANOR CARE HEALTH SERVICES AT YARDLEY waiver sent on 10/15/2002, answer due 12/16/2002. (ajf, ) (Entered: 10/22/2002)
4 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). IT IS FURTHER ORDERED THAT ALL PENDING MOTIONS ARE DENIED AS MOOT. SIGNED BY JUDGE LEGROME D.DAVIS ON 11/26/02. 11/27/02 ENTERED AND COPIES MAILED.(jpd, ) (Entered: 11/27/2002)
***Civil Case Terminated. (kv, ) (Entered: 12/02/2002)
5 CONSENT DECREE WITH COURT APPROVAL. SIGNED BY JUDGE LEGROME D. DAVIS ON 12/9/02. 12/10/02 ENTERED AND COPIES MAILED.(jpd, ) (Entered: 12/10/2002)

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