UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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SPECIALTY CARE SERVICES, LLC, d/b/a )

WEST PARK PLACE

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Defendant.

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___________________________________________)

Civil Action No. ________________
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 to correct unlawful employment practices on the basis of sex (pregnancy) and to provide appropriate relief to Jacqueline Floyd-Hyke who was adversely affected by such practices. As stated with greater particularity in Paragraph 7 below, the plaintiff Equal Employment Opportunity Commission alleges that the defendant, Specialty Care Services, LLC, d/b/a West Park Place, discriminated against Floyd-Hyke based on her sex and pregnancy by terminating her employment as an administrator when she returned to work after a maternity leave.
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 Sections 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 comm itted within the jurisdiction of the United States District Court for the Eastern District of Wisconsin.

PARTIES 3. The plaintiff, the Equal Employment Opportunity Commission (“EEOC”), 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) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, the defendant, Specialty Care Services, LLC, d/b/a West Park Place (“West Park Place”) has continuously been a corporation doing business in the State of Wisconsin and the City of West Allis, and has continuously had at least 15 employees. 5. At all relevant times, West Park Place 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 30 days prior to the institution of this lawsuit, Jacqueline Floyd-Hyke filed a charge with the EEOC alleging violations of Title VII by West Park Place. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 2003 to the present, West Park Place has engaged in unlawful employment practices at its facility located in West Allis, Wisconsin, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) by terminating Floyd-Hyke from her position of Community Base Residential Administrator after she returned from maternity leave and that she could “spend more time with her new baby while collecting unemployment.” 8. The effect of the practices complained of in Paragraphs 7 has been to deprive FloydHyke of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and pregnancy.
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9. The unlawful employment practices complained of in Paragraphs 7 above were, and are, intentional.
10. The unlawful employment practices complained of in Paragraphs 7 above were done by West Park Place with malice or with reckless indifference to the federally protected rights of FloydHyke.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining West Park Place and its officers, successors, and assigns, and all persons in active concert or participation with them, from engaging in discrimination based on sex (pregnancy). B. Order West Park Place to implement practices, and programs which provide equal employment opportunities for pregnant women and those who are returning from maternity leave and which eradicate the effects of its past and present unlawful employment practices. C. Order West Park Place to make whole Floyd-Hyke by providing appropriate back pay with pre-judgment 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) rightful place reinstatement. D. Order West Park Place to make whole Floyd-Hyke by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 7 above, in amounts to be determined at trial. E. Order West Park Place to make whole Floyd-Hyke by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraph 7 above, including emotional pain, suffering, loss of enjoyment of life, and humiliation caused by West
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Park Place’s discriminatory treatment of her, in amounts to be determined at trial.
F. Order West Park Place to pay Floyd-Hyke punitive damages for its malicious and
reckless conduct described in Paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the EEOC its costs of this action.
JURY TRIAL DEMAND
The EEOC requests a jury trial on all questions of fact raised by its complaint.
Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 “L” Street, N.W. Washington, D.C. 20507

Dated: _______________, 2004

Jean P. Kamp Regional Attorney

Dated:

, 2004

Rosemary J. Fox Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 (414) 297-4131
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 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

SPECIALTY CARE SERVICES, LLC, d/b/a

)

WEST PARK PLACE,

)

)

Defendant.

)

___________________________________________)

Civil Action No. 04-C-0450

CONSENT DECREE AND ORDER This action was filed by the Equal Employment Opportunity Commission (“Commission”) on May 11, 2004, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et. seq. The Commission alleged that Specialty Care Services, LLC (hereinafter, “defendant”) discriminated against Jacqueline Floyd-Hyke because of her sex and pregnancy when she returned to work after maternity leave. Defendant has denied the Commission’s allegations. The Commission and defendant (the “parties”) have agreed to resolve this matter pursuant to this Consent Decree, without continuing to trial on the merits of the Commission’s claim. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, it is ORDERED, ADJUDGED, AND DECREED THAT: 1. This Court has jurisdiction over the subject matter of this action and over the parties for purposes of entering and enforcing this Decree.

2. The terms of this Decree are acceptable, and serve the parties’ desire to avoid the uncertainty and expense of further litigation.
3. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person. The entry of this Decree will be in the best interest of the parties, those for whom EEOC seeks relief, and the public.
4. This Decree resolves all claims arising out of the Charge of Discrimination filed by Jacqueline Floyd-Hyke, EEOC Charge No. 260-2004-00522; and the lawsuit filed by EEOC in the United States District Court for the Eastern District of Wisconsin, Case No. 04-C-0450.
INJUNCTIVE RELIEF 1. Injunction.
Defendant and its officers, agents, employees, successors, and all persons in active concert or participation with them shall not engage in any employment practice that discriminates on the basis of sex or pregnancy. 2. Training.
Defendant shall provide training in regard to the Sex Discrimination and Pregnancy Discrimination to all of its supervisory employees within 90 days from the date of entry of this Consent Decree and Order, and shall provide the EEOC’s Milwaukee District Office with a list of those trained and the date and description of the training provided. 3. Posting.
Defendant shall place a public notice, in a conspicuous place, at its offices, for a period of one year from the date of entry of this Consent Decree and Order. The notice shall be in the
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form attached hereto as Exhibit A and captioned “Notice To All Employees.” Defendant shall provide the EEOC’s Milwaukee District Office with proof of compliance with this provision. 4. Certification to Commission.
Defendant shall promptly certify to the undersigned counsel for the Commission that it has complied with the foregoing provision. 5. References to Ms.Floyd-Hyke by Defendant
Defendant further agrees to prohibit any dissemination, directly or indirectly, to any other employer or potential employer of any facts or circumstances surrounding Ms. Floyd-Hyke’s charge of discrimination or the events relating to the charge or this lawsuit. 6. Reporting
Defendant shall report, in writing, to the undersigned counsel for the Commission, the name, address, phone number, and job title any pregnant employee terminated, disciplined, or demoted during the term of this Decree, one year. Defendant shall maintain all documents pertaining to such actions for term of the Decree, and for two years thereafter, and shall make such documents available for inspection by the Commission pursuant to Paragraph 7 herein. 7. Right of Entry for Inspection
The Commission shall have the right, on ten (10) business days written notice to Defendant, to enter upon Defendant’s offices and inspect any relevant documents or records for the purpose of determining defendant’s compliance with this Consent Decree and Order. MONETARY RELIEF
Defendant agrees, within fifteen (15) days of signature of this Consent Decree and Order by the Court, to pay $9, 000 to Ms. Floyd-Hyke. Defendant shall mail the payment to Ms.
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Floyd-Hyke and shall simultaneously provide a copy of the payment check(s) to the undersigned counsel for the Commission.

SO ORDERED, ADJUDGED AND DECREED this ______ day of ____________, 2004.

__________________________________ Hon. Joseph P. Stadtmueller United States District Court Judge

9/21/04 Date

The undersigned agree with the entry of this Consent Decree.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BY:

________________/s/_____________________

JEAN P. KAMP, Regional Attorney

U.S. Equal Employment Opportunity

Commission

310 West Wisconsin Avenue, Suite 800

Milwaukee, WI

53203

ATTORNEY FOR PLAINTIFF

SPECIALTY CARE SERVICES, LLC, d/b/a WEST PARK PLACE

BY:

9/14/04 Date

_____________/s/__________________________ SHARON M. MAREK Registered Agent for DEFENDANT
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Exhibit A
NOTICE TO ALL EMPLOYEES
West Park Place believes in hiring, placing, and promoting individuals on the basis of qualifications and merit. It is West Park Place’s policy that all employment practices, including recruiting, hiring, promotion, layoff, recall from layoff, training, compensation, benefits, and other terms, privileges and conditions of employment, be free from discrimination of any kind, including discrimination on the basis of sex, including pregnancy.
Should you have any complaints of discrimination on the basis of sex, you can contact [________________], or the local EEOC office in Milwaukee. EEOC has employees who speak languages other than English. EEOC’s offices are accessible to individuals with disabilities.
It is the responsibility of all West Park Place employees to comply with this policy in fact and in spirit.

Dated:

__________________

___________________________

Executive Administrator

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

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 Eastern District of Wisconsin - Live - Docket Report

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?923234131791959-L_3...

United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:04-cv-00450-JPS

CLOSED, E-FILE

Equal Employment Opportunity Commission v. Specialty Care Services LLC Assigned to: Judge J P Stadtmueller Cause: 28:451 Employment Discrimination

Date Filed: 05/11/2004 Date Terminated: 10/05/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Eric S Dreiband United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW - Rm 6040 Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW - Rm 6040 Washington, DC 20507 202-663-4669 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee United States Equal Employment Opportunity Commission Office of Legal Counsel 1801 L St NW - Rm 6040 Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-1112 LEAD ATTORNEY

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V.
Defendant
Specialty Care Services LLC doing business as West Park Place

ATTORNEY TO BE NOTICED
Rosemary J Fox United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-4131 Fax: 414-297-3146 Email: rosemary.fox@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel J Finerty Krukowski & Costello SC 7111 W Edgerton Ave PO Box 28999 Milwaukee, WI 53220 414-423-1330 Fax: 414-423-1694 Email: djf@kclegal.com ATTORNEY TO BE NOTICED

Date Filed 05/11/2004
05/27/2004
05/27/2004 05/27/2004 05/27/2004 05/28/2004 09/21/2004

#

Docket Text

1 COMPLAINT with jury demand; Consent Forms Distributed for Magistrate Judge Callahan. E-File Notification Distributed. (vlh, ) Additional attachment(s) added on 5/13/2004 (vlh, ).
2 NOTICE of Appearance by Daniel J Finerty on behalf of all defendants. Attorney(s) appearing: Daniel J. Finerty and Timothy G. Costello (Finerty, Daniel)
3 Defendant Speciality Care Services, LLC d/b/a West Park Place's ANSWER to Complaint by all defendants.(Finerty, Daniel)
4 CERTIFICATE of Interest by all defendants. (Finerty, Daniel)
5 Refusal to Jurisdiction by US Magistrate Judge by all defendants (Finerty, Daniel)
6 CERTIFICATE OF SERVICE by all defendants Specialty Care Services, LLC, d/b/a West Park Place (Finerty, Daniel)
7 SETTLEMENT AGREEMENT Consent Decree and Order by Equal Employment Opportunity Commission (Fox, Rosemary)

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09/21/2004 10/05/2004

8 Docket Annotation - E-mail sent to attorney Rosemary Fox regarding proposed order found at no. 7. (vlh, )
9 CONSENT JUDGMENT signed by Judge J. P. Stadtmueller on 10/5/04. Judgment entered by deputy clerk.(cc: all counsel)(Blackburn, Pat)

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