Case 1:06-cv-22459-DLG Document 1 Entered on FLSD Docket 09/29/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISIO N

U .S . EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, ) CIVI

Plaintiff )

COMPLAIN T

V . ) JURY DEMAND

INJUNCTIVE RELIE F

VALLEY MANOR SOUTH, INC . ) REQUESTED

d/b/a HALPERN'S ETHAN ALLEN

)

Defendant

/

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, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief due to Lourdes Ramos . Juana Dunleavy and other similarly situated individuals (together "Complainants") who were adversely affected by such practices . As stated with greater particularity in the paragraphs below, the United States Equal Employment Opportunity Commission ("EEOC" or "Commission") alleges that Defendant subjected the Complainants to sexual harassment by one of Defendant's owners . The conduct was sufficiently severe or pervasive to constitute and intimidating, hostile and offensive work environment .
JURISDICTION AND VENU E 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 Title VII of the Civil Rights Act of 1964, as amended, 42 U .S.C. §2000e-5(f)(1) and (3) ("Title VII"), 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 Southern District of Florida, Miami Division .

Case 1:06-cv-22459-DLG Document 1 Entered on FLSD Docket 09/29/2006 Page 2 of 5
PARTIES 3 . Plaintiff, the EEOC, is the agency of the United States of America charged wit h the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(1)(1) and (3) of Title VII, 42 U .S.C. §2000e-5(t)(1) and (3) . 4 . At all relevant times, Defendant Valley Manor South, a company that sells Ethan Allen home furnishings, has continuously been a Florida Corporation, doing business in the State of Florida and the City of Miami, and has continuously had at least 15 employees . 5 . At all relevant times, Defendant Valley Manor South, Inc . 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 CLAIM S 6 . More than thirty days prior to the institution of this lawsuit, Lourdes Ramos and Juana Dunleavy filed charges of discrimination 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 June 2001, Defendant has engaged in unlawful employment practices at its Miami facility, in violation of Section 703(a)(1) and (2) of Title VII, 42 U .S .C. §2000e-2(a) : (a) Lourdes Ramos and Juana Dunleavy were subjected to sexual harassment by one
of Defendant's owners in the form of unwelcome verbal and physical conduct of a sexual nature sufficiently severe or pervasive to constitute an intimidating, hostile and offensive work environment . The harassment included, but is not limited to the owner : (1) making lewd comments ; (2) pressing his body up against their bodies ; (3) commenting and joking about women's underwear ; (4) commenting and joking about male sexual anatomy ; and (5) frequently reaching down his pants and adjusting his genitals while talking with Ms . Ramos and Ms. Dunleavy . (b) Other similarly situated female employees also were subjected to sexual harassment by the owner in the form of unwelcome conduct of a sexual nature

Case 1:06-cv-22459-DLG Document 1 Entered on FLSD Docket 09/29/2006 Page 3 of 5
sufficiently severe or pervasive to constitute an intimidating, hostile and offensive work environment. 8 . The effect of the unlawful employment practices complained of above has been t o deprive the Complainants of equal employment opportunities, and otherwise adversely affect their status as employees because of their sex . 9 . The unlawful employment practices complained of above were intentional . 1 0. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Complainants .
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court : A . Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in sex-based discrimination in its policies, practices and procedures, at its Florida facilities, and any other employment practice which discriminates on the basis of sex . B . Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices . C . Order Defendant to make whole Complainants by providing compensation for past and future pecuniary losses resulting from the employment practices described in paragraph 7 above, including but not limited to, out-of-pocket losses, medical expenses and job search expenses, in amounts to be determined at trial . D. Order Defendant to make Complainants whole by providing compensation for past and future nonpecuniary losses resulting from the employment practices described in paragraph seven above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial . E . Order Defendant to pay punitive damages for its malicious and reckless conduct described in paragraph 7 above, in an amount to be determined at trial .

Case 1:06-cv-22459-DLG Document 1 Entered on FLSD Docket 09/29/2006 Page 4 of 5
F . Grant such fu rther 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 .
JAMES L . LEE Deputy General Counse l
GWENDOLYN YOUNG REAMS Associate General Counse l
DELNER FRANKLIN-THOMAS Regional Attorne y
NORA E . CURTIN Supervisory Trial Attorney
Lauren G . DreiTinger Trial Attorne y New York Bar No . 750288890 EQUAL EMPLOYMENT OPPORTUNITY COMMISSIO N 2 South Biscayne Boulevard, Suite 2700 Miami , Florida 3313 1 Tel . (305) 808-1788 Fax (305 ) 808-1835

Case 1:06-cv-22459-DLG Document 1 Entered on FLSD Docket 09/29/2006 Page 5 of 5

'W.JS44 (Rev II 105)

CIVIL COVER SHEET (.t

The JS 44 civiI cover sheet and the in IonitLit ioil contai tied lie rein neither replace nor supplement the tiling and service of p gs ther papefi e I K __#aVvided by local rules ofcourt . This form, approved by the Judicial Conference of the United States in September 1974 . is renuireddddddTTTTTTor the use of thhe Clerk of ourt for tTTiie purpose of initiating
the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FO / rOTICE : Attorneys MUST Indicate All Re-filed Cases Below.

I . (a) PLAINTIFFS DEFENDANTS United States Fqual Employment Opportunity Commissio n

V-GRAHA M %J1 7 ♦w . a r . . . . . . .

(b) Count of Residence of First Listed Plaintiff (EXCEPT IN U .S . PLAINTIFF CASES )
(C) Attorney ' s I Finn Name . .-\ ddre .s a nd I'eleplione Number)
U .S . EEO C 2 South Biscayne Blvd ., Suite 2700 Miami, Florida 33131 (305) 808-1795

County of Residence of First Listed Defendant

Dade

(IN U S PLAINTIFF '?Si(7,tL~'1`~

NOTE IN LANDC'ONDENINAhThN~I C•A, 7T~ t5tE)TNFitt6i1F ' O`I'FlEI"FRACT r Tt ; tr7
LAND INVOL\ ED (,l' :.U 1,L 7 A-

Attorneys (If Kttown l
Pyszka . Blackmon, Levy . Mowers & Kelle y

(d) Check County Where Action Arose : u MIAMI- DADE u MONROE O BROW' ARD 7 PALM BEACH u MARTIN u ST. LUCIE u INDIAN RIVER u OKLECHOBEE HIGHLAND S

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

V(1 1 U S Government Plaintiff

u 3 Federal Question ( U.S . Government Not a Party)

111 . CITIZENSHIP OF PRINCIPAL PARTIES(t'tace an 'X" in One Box for Plaintif f

( For Diversity Cases Only )

and One Box for Defendant )

Citize n of This State

PTF DEE

u

I u I Incorporated ur Principal Place

of Business In This State

PTE DE N u 4 u4

O 2 U.S . 'otenunent De ndant

u4

Di,ersd v (Indic, to Citizenship of Parties in Item 111

Citize n of Another State 1

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

CONTRACT

TORTS

lS t L] oreign ounytr
FORFEITURE/PENALTY

u 110 Insurance O f20 Marine r1 130 Miller Act
O 140 Negotiable Instrument u 150 Recovery of Overpayment
& Enforcement of Judgment -1 151 Medicate Act 1 152 Recuser of Defaulted
Student Loans (Excl Veterans) 11 153 Recovery of Overpayment of Veteran's Benelits 9 16U Stockholders' Suits u 190 Other Contract u 195 Con tract Product Liability u 196 Franchise REAL PROPERTY -1 210 Land Condemnation u 220 Foreclosure u 230 Rent Lease & Elecmtent O 240 Torts to Land 11 245 Ton Product Liability u 290 All Other Real Property

PERSONAL INJURI u 310 Airplane 11 315 Airplane Product
Liability
fl 320 Assault . Libel &
Slander u 3 3U Federal Employee'
Liability u 340 Marine u 345 Marine Product
Liability n 350 Motor Vehicle u 355 Motor Vehicle
Product Liability 0 300 Other Personal
Injury CIVIL RIGHTS u 441 Voting O 442 Employment u 443 Housing/
Acconunodations u 444 Welfare u 445 Amer. w/Disabilities -
Employment u 446 Ainer . w/Disabilities -
Other u 440 Oilier Civil Rights

PERSONAL INJURY u

u 362 Personal Injury - u Med . Malpractice u

7 365 Personal Injury -

Product Liability

u

1 368 Asbestos Personal u

Injury Product

u

Liabilit

u

PERSONAL PROPERTY

u 370 Other Fraud

u

u 371 Truth in Lending

u 380 Other Personal

u

Property Damage

u 385 Property Damage u

Product Liability

u

PRISONER PETITIONS u

u 510 Motions to Vacate u

Sentence

u

Habeas Corpus :

u 530 General

u 535 Death Penalty

u 540 Mandamus & Other

u 550 Civil Rights

u 555 Prison Condition

610 Agriculture
620 Other Food & Drug 625 Drug Related Seizure
of Property 21 USC 881 630 Liquor Laws 640 R .R . & Truck 650 Airline Regs 660 Occupational
Safety/Health 690 Other
LABOR 710 Fan Labor Standards
Act 72U Labor/blgntt Relations 730 Labor/tslgmt.Reponhig
& Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Enipl . Ret . Inc.
Security Act

2 u 2 Incorporated and Principal Place u 5 u 5 of Business In Another State

3

u , Foreign Nation

6 u6

BANKRUPTCY
u 422 Appeal 28 USC 158 u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark
SOCIAL SECURITY u 861 HIA (1395(1) u 862 black Lung (923) u 863 DI W'C/DI W W (455ig)i u 864 SSID Title XV I u 865 RSI 405 (g )
FEDERAL TAX SUITS u 870 Taxes (U .S . Plaintiff
or Defendant) u 871 IRS-Third Part),
26 USC 7609

OTHER STATUTE S
O 400 State Reapportionment u 410 Antitrust 0 430 Banks and Bankin g
O 450 Commerc e u 460 Deportation u 470 Racketeer Influenced an d
Corrupt Organization s u 480 Consumer Credi t u 490 Cable/Sat TV u 810 Selective Servic e 0 850 Securities,Commodnies '
Exchang e u 875 Customer Challenge
12 USC 341 0 71 890 Other Slaruton Action s O 891 Agricultural Act s u 892 Economic Stabilization Ac t u 893 Environmental Matters u 894 Energy Allocation Act O 895 Freedom of Infomtatio n
Act 0 900Appeal of Fee Detemtinatio n
Under Equal Acces s to Justice O 950 Constitutionality o f
State Statutes

V . ORIGIN (Place an "N" in One 13os Only )

r71 1 Original

D 2 Removed from D 3

Proceeding

State Cour t

V1 . RELATED/ RE-FILED CASE(S) .

(See instructions second page)

Re-filed- D 4 Reinstated or ] 5

(see VI below )

Reopened

Appeal to District

Transferre d anothe r distrifcrtom (specify)

D

6

Multidislnct Litigation

7

7

JuMdaggies

from trate

Judgment

a) Ire-tiled Case 1 YES ONO

h) Related Cases D YES C7N O

JUDGE

DOCKET NUNIBE R

VII . CAUSE OF ACTION

Cite the U .S . Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity )

Sexual harassment in violation of Sections 703(a)(1) and (2) of Title VII of the Civil Rights Act of 1964, 42

11 S C . Section 20 00e-7(a )

0

LENGTH OF TRIAI . via 5-7 days estimated (for both sides to try entire case )

VIII . REQUESTED IN D CHECK IF THIS IS A CLASS ACTION COMPLAINT : UNDER F .RC .P 23

DEMAND S CHECK YES only if demanded in complaint JURY DEMAND : 0 Yes jD N o

ABOVE INFORMATION 151' RUE & CORRECT TO THE BEST OF NI Y KNOWLEDGE

SIGNATURE OF ATTORNEY OF RECORD

(r c c .c_lzlte r~~ ~e I~ .( ~~ .(

FOR OFFICE USE ONLY

DATE
September 29, 200 6

AMOUNT

RFCEIPI' ri

IFP

 
 Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

---------------------------------------------------------------------- -)

)

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

v.

)

Civil Action No.:

)

06-22459-CIV-GRAHAM

VALLEY MANOR SOUTH, INC.

)

d/b/a HALPERN'S ETHAN ALLEN

)

)

)

Defendant.

)

------------------------------------------------------------------------/

CONSENT DECREE

THE LITIGATION

1. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action

alleging Defendant, Valley Manor South, Inc. d/b/a Halpern's Ethan Allen. ("Defendant" or "Ethan Allen"), violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., ("Title VII") by discriminating against Charging Parties Lourdes Ramos and Juana Dunleavy ("Complainants") on the basis of their sex, female. Specifically, EEOC alleged that Defendant violated Title VII by subjecting the Complainants to a sexually hostile work environment at its Miami, Florida facility. The Defendant specifically denied the allegations contained in the Complaint, or that it committed any violation of law, willful or otherwise, and denies any liability whatsoever.

2.

In the interest of resolving this matter and avoiding time and future costs of

continuing the litigation and as a result of having engaged in comprehensive settlement

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 2 of 10

negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree ("Decree"). This Decree fully and finally resolves any and all issues and claims

arising out of the Complaints filed by EEOC in this action.

FINDINGS

Having carefully examined the terms and provisions of this Decree, and based on

the pleadings, record, and stipulations of the parties, the Court finds the following:

a. This Court has jurisdiction of the subject matter of this action and of the

parties.

b.

No party shall contest the jurisdiction of this Federal Court to enforce this

Decree and its terms or the right of the EEOC to bring an enforcement suit upon alleged breach

of any term(s) of this Decree.

c. The terms of this Decree are adequate, fair, reasonable, equitable, and just.

The right of the Complainant and the public interest are adequately protected by this Decree.

d. This Decree conforms with the Federal Rules of Civil Procedure and Title

VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of Lourdes Ramos, Juana

Dunleavy, Ethan Allen, EEOC and the public.

e.

The terms of this Decree are and shall be binding upon the present and

future representatives, agents, directors, and officers of Ethan Allen.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

GENERAL INJUNCTIVE PROVISIONS

3. Defendant acknowledges its responsibility under Title VII to maintain a sexually hostile-free work environment and accordingly, Ethan Allen, its officers, agents (including

2

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 3 of 10

management personnel), successors, and assigns are hereby enjoined from discriminating on the basis of sex.

4.

Ethan Allen, its officers, agents, employees, successors, assigns, and all persons

acting in concert with it are hereby enjoined from engaging in any form of retaliation against any

person because such person has opposed any practice made unlawful under Title VII, filed a

Charge of Discrimination under Title VII, testified or participated in any manner in any

investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.

DISTRIBUTION OF ANTI-DISCRIMINATION POLICY

5. Within thirty (30) calendar days of entry of this Consent Decree, a copy of Defendant's current anti-discrimination policy ("Policy") shall be forwarded to EEOC. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall be mailed to: Ethan Allen Settlement, c/o Trial Attorney Lauren Dreilinger, United States Equal Employment Opportunity Commission, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.

6. The Policy shall be distributed to all of Defendant's employees and management staff and shall be included in any relevant policy or employee manuals kept by Defendant's business. The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees at all of Defendant's facilities and printed in a font that is easily legible (at least 11 point font).

7. A copy of the Policy shall be distributed to each new regular full-time, part-time, or temporary employee on the day the employee is hired. The manager responsible for distributing the Policy to each new employee shall review the Policy in depth with the employee.

3

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 4 of 10
Ethan Allen shall maintain records demonstrating that each new employee discussed the Policy with the responsible manager and illustrating the length of time spent discussing the Policy.
TRAINING 8. During each of the two years covered by this Decree, Defendant shall provide training to all Ethan Allen employees, including all management personnel, on equal employment opportunity laws (including sexual harassment and retaliation) and the new Policy. The training shall be conducted by Jeffrey A. Mowers, Esq. ofPyszka, Blackmon, Levy, Mowers & Kelley. The first training shall take place within sixty (60) calendar days of entry of this Decree. The remainder of the training sessions shall take place annually and no later than March 30th of each year throughout the duration of the Decree. 9. Within ten (10) calendar days of the completion of training, Ethan Allen shall notify EEOC of the dates the training was conducted, the name and job title of the person(s) who conducted the training, and the name and job title of each person who received the training. 10. Ethan Allen agrees to provide EEOC, upon request, with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
POSTING OF NOTICE 11. Within five (5) business days after entry of this Decree, Ethan Allen shall post an eleven (11) inches by fourteen (14) inches laminated copy ofthe Notice attached as Exhibit A to this Decree at all of its facilities in Florida in a conspicuous location easily accessible to and commonly frequented by employees of Ethan Allen. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Ethan Allen shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Ethan Allen shall
4

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 5 of 10
certify to EEOC in writing within ten (10) business days after entry ofthe Decree that the Notice has been properly posted. Ethan Allen shall permit a representative of EEOC to enter Ethan Allen's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 12. For a period of two (2) years following entry of this Decree, Ethan Allen shall maintain and make available for inspection and copying by EEOC records (including name, age, social security number, address, telephone number, complaint and resolution ofthe complaint) of each person complaining about discrimination on the basis of sex and/or retaliation. 13. Ethan Allen shall make all documents or records referred to in Paragraphs 6, 7 and 11, available for inspection and copying within five (5) business days after EEOC so requests. In addition, Ethan Allen shall provide the last known home address, home telephone number, and mobile telephone number for all persons within its employ during the term of the Decree whom EEOC requests and identifies for purposes of verifying compliance with this Decree within five (5) business days of EEOC's request. Moreover, Ethan Allen shall permit employees whom EEOC requests to interview for the purposes of verifying compliance with this Decree to speak confidentially with EEOC. In the event that EEOC is unable to contact an employee for purposes of verifying compliance with this Decree, it shall notify Ethan Allen and Ethan Allen shall, within five (5) business days, provide EEOC with the employee's scheduled hours of work over the next fourteen (14) day period so that EEOC can conduct these interviews at these employees' breaks, at the end of the day, or at some other time convenient to the employee and EEOC. Ethan Allen agrees that it will not discourage employees from participating in these interviews.
5

Case 1:06-cv-22459-DLG

Document 4

-------------------------
Entered on FLSD Docket 01/10/2007 Page 6 of 10

14. Nothing contained in this Decree shall be construed to limit any obligation Ethan

Allen may otherwise have to maintain records under Title VII or any other law or regulation.

REPORTING

15. Ethan Allen shall furnish to EEOC the following written reports twice annually

for a period of two (2) years following entry of this Decree. The first report shall be due six (6)

months after entry of the Decree. The final report shall be due sixty (60) months after entry of

the Decree. Each such report shall contain:

a. A description of each complaint of sexual harassment, sex discrimination

and/or retaliation, including the names of the complaining parties and witnesses and the

resolution of such complaint, occurring within the six (6) month period preceding the report.

Information identifying Ethan Allen employees produced pursuant to this Decree will only be

used to facilitate compliance with this Decree.

b. A certification by Ethan Allen that the Notice required to be posted in

Paragraph 11, above, remained posted during the entire six (6) month period preceding the

report.

MONETARY RELIEF

16.

Defendant shall pay a lump sum in the amount of $150,000.00 (one hundred

fifty-thousand dollars) to resolve this litigation. The monies referenced herein shall issue within

ten calendar days from the court's execution of this Decree. The monies shall be distributed as

set forth in Exhibit B attached hereto.

17. If Defendant fails to tender the payment described in paragraph 17, above, and

Exhibit B, then Defendants shall pay interest on the defaulted payment at the rate calculated

6

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 7 of 10
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.
DISPUTE RESOLUTION 18. In the event that either party believes there has been non-compliance with any provision(s) of the Decree, the party shall have the right to seek Court intervention. Additionally, no party shall contest the Court's jurisdiction to hear a dispute arising from the Decree nor challenge EEOC's ability to bring an action to enforce the terms of the Decree in this Court.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 19. All provisions of this Decree shall be in effect for a period of two (2) years immediately following entry of the Decree. 20. Each party to this Decree shall bear its own expenses, costs and attorneys' fees, excepting those provided for in Exhibit B.

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
Is/ Nora E. Curtin, Esq.
Nora E. Curtin, Esq. Supervisory Trial Attorney New York Bar No. 2357697 Gregory Gochanour, Esq. Acting Regional Attorney Illinois Bar ARDC No. 06210804 2 South Biscayne Blvd., Suite 2700
7

For VALLEY MANOR SOUTH, INC.: By:
Is/ Jeffrey A Mower, Esq.
Jeffrey A Mowers, Esq. Florida Bar No.: 508240 Pyszka, Blackmon, Levy, Mowers &
Kelley 14750 N.W. 77th Court, Suite 300 Miami Lakes, Florida 33016

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 8 of 10 Miami, Florida 3313 1 SO ENTERED: The Honorable Donald L. Graham United States District Judge
8

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 9 of 10
EXHBDTA
NOTICE TO ALL VALLEY MANOR SOUTH, INC. EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the U.S. District Court in EEOC and v. Valley Manor South, Inc. d/b/a Halpern's Ethan Allen, Civil Action No. 06-22459 Valley Manor South, Inc. d/b/a Halpern's Ethan Allen ("Ethan Allen") has adopted a policy that prohibits discrimination against employees based on sex in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and/or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Halpern's Ethan Allen will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment and retaliation.
Ethan Allen will assure its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with EEOC. Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated Halpern's Ethan Allen policy prohibiting discrimination.
EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may contact EEOC at (305) 808-1740. EEOC charges no fees and has employees who speak languages other than English.
This Notice must remain posted for two (2) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice of compliance with its terms may be directed to: Ethan Allen Settlement, c/o EEOC, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.

Date:

STAN RUBY

9

Case 1:06-cv-22459-DLG Document 4 Entered on FLSD Docket 01/10/2007 Page 10 of 10
EXHIBITB
Defendant shall pay a total sum of $150,000 dollars to resolve this Litigation. The monies shall be distributed as follows:
a) $50,000 shall be paid to Ms. Ramos representing compensatory damages. Defendant shall issue a Form 1099 to Ms. Ramos.
b) $50,000 shall be paid to Ms. Dunleavy representing compensatory damages. Defendant shall issue a Form 1099 to Ms. Dunleavy.
c) $50,000 shall be paid to Damian & Valori, LLP representing attorneys' fees and costs for Ms. Dunleavy and Ms. Ramos. Defendant shall issue a Form 1099 for to Damian & Valori, LLP.
The payments referenced herein shall issue within ten (10) calendar days from the Court's execution ofthis Decree. Copies ofthe payment and IRS Form 1099s shall be forwarded to the attention of Lauren Dreilinger, United States Equal Employment Opportunity Commission, Miami District Office, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.
10

 
 CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?893441604353691-L_92...

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:06-cv-22459-DLG

CLOSED

U.S. - EEOC v. Valley Manor South Assigned to: Judge Donald L. Graham Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff United States Equal Employment Opportunity Commission
V. Defendant Valley Manor South, Inc. doing business as Halpern's Ethan Allen

Date Filed: 09/29/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Lauren Gayle Dreilinger Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1795 Fax: 305-808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006 09/29/2006 11/30/2006
01/10/2007

#

Docket Text

1 COMPLAINT filed; Magistrate Judge O'Sullivan (dg, Deputy Clerk) (Entered: 09/29/2006)
2 SUMMONS(ES) issued for Valley Manor South (dg, Deputy Clerk) (Entered: 09/29/2006)
3 Joint MOTION Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Dreilinger, Lauren) (Entered: 11/30/2006)
4 CONSENT DECREE entered into by the parties; All provisions of this Decree shall be in effect for a period of two years immediately following the entry; Each party to this Decree to bear its own expenses, costs & attorneys' fees

1 of 2

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01/18/2007

w/exceptions provided for in Exhibit B; (see Consent Decree). Signed by Judge Donald L. Graham on 1/7/07. (cf) (Entered: 01/10/2007)
5 ORDER granting 3 Joint Motion for approval of Consent Decree; Dismissing Case; Closing Case.Signed by Judge Donald L. Graham on 1/18/2007. (ls) (Entered: 01/18/2007)

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eeoc 1:06-cv-22459-DLG 0.08

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5/24/2007 11:46 AM