• •
A. LUIS LUCERO, JR., REGIONAL ATTORNEY JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY WESLEY KATAHIRA, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 TEL: (206) 220-6851

. ! ""'I. "1 !;:~

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
LIFE CARE CENTERS OF AMERICA, INC., d/b/a LIFE CARE CENTER OF LEWISTON,
Defendant.

)

) CIVIL ACTION NO.

) )

COMPLAINT CI)lO 2 - 459 - C-' EJ..

)

) JURY TRIAL DEMAND

)

)

)

)

)

1

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 and to provide

appropriate relief to Sarah Smith who was adversely affected by such practices. The

Equal Employment Opportunity Commission (the "Commission") alleges that defendant

sexually harassed Ms. Smith because of her sex, creating a hostile environment, then

failed to take prompt remedial actions to end the harassment forcing Ms. Smith to

COMPLAINT - Page 1

u.s. EqUAl EMPlOYMENT OPPOOTUNITY COMMISSION
St.13ttle bist,.!e'l' Office. 909 First "'VE:rllIl!, Suite 400 Seattle, Washington 98104-1061
Telephon~; (206) 220· 6BB3 fac~i1flile.: (206) 220-6911 TDD: (206) 220-6882

..

•

•

resign. The Commission alleges that defendant's discriminatory conduct led to Ms.

Smith's constructive discharge. Plaintiff seeks monetary and injunctive relief, including

pecuniary and nonpecuniary compensatory damages and punitive 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 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 committed within

the jurisdiction of the United States District Court for the District of Idaho.

PARTIES

3. Plaintiff, the Equal Employment Opportunity 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) ofTitle VII, 42 U.S.C. §2000e-5(f)(1).

4. At all relevant times, defendant Life Care Center of America, Inc.,

incorporated in the State of Tennessee, has continuously been a corporation doing

business in the State of Idaho and has continuously had at least 15 employees.

5. At all relevant times, defendant Life Care Centers of America, Inc., d/b/a

Life Care Center of Lewiston ("Life Care Centers"), has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g)

and (h) ofTitle VII, 42 US.C §§2000e-(b), (g) and (h).

COMPLAINT - Page 2

u.s. EqUAl EMPlOYMENT OPPOOTUNXTY COMMISSION
St.Gttie bls'trle' Offlel!
909 First Avenue:, Suite: 400 Seattle:, wliShlngton 98104-1061
TE:ll!phone: (206) 220-61313:3 FQ,i;~imil~; (206) 220-6!H1 TOD: (206) 220-6a82

• • STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Sarah Smith

filed a charge, initially with the Idaho Human Rights Commission, which was transferred

to the Equal Employment Opportunity Commission alleging violations of Title VII by

defendant, Life Care Centers. All conditions precedent to the institution of this lawsuit

have been fulfilled.

7. From at least October, 2000 defendant engaged in unlawful employment

practices at its Lewiston, Idaho facility in violation of § 703(a) Title VII, 42 U.S.C. §

2000e-2(a). Defendant affected the terms and conditions of Ms. Smith's employment

by subjecting her to ongoing harassment based on her sex, female. This ongoing

sexual harassment and retaliation led to her constructive discharge on or about

December g, 2000.

8. The effect of the practices complained of in paragraph 7 above has been

to deprive Sarah Smith of equal employment opportunities and otherwise adversely

affect her status as an employee of Life Care Centers because of sex.

9. The unlawful employment practices complained of in paragraph 7 above

were intentional.

10. The unlawful employment practices complained of in paragraph 7 above

were done with malice or with reckless indifference to the federally protected rights of

Sarah Smith.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining defendant, its officers, successors,

COMPLAINT - Page 3

U.S. EQUA~ EMPWYMENT OPPORTUNITY COMMISSION SeGnie DiS1'riet Offiel!!
909 Fir$t A~l'\u~. Suite. 400 SeatTle, Washingtch 98104-I061
nl.-.phone.: (206) 2iW-688J Facsimile: (~06) 220-6911 TOO; {206} 220-6BB2

• •
agents, assigns, and all persons in active concert or participation with it, from engaging

in any 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 all employees, and which

eradicate the effects of its past and present unlawful employment practices,

C. Order defendant to make whole Sarah Smith 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_

D. Order defendant to make whole Sarah Smith by providing compensation

for past and future pecuniary losses resulting from the unlawful employment practices

described in paragraph 7 above, including past and future out-of-pocket expenses, in

amounts to be determined at trial.

E. Order defendant to make whole Sarah Smith by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices

complained of in paragraph 7 above, including without limitation emotional pain,

suffering, and loss of enjoyment of life, in amounts to be determined at trial.

F_ Order defendant to pay Sarah Smith 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 Commission its costs of this action.

COMPLAINT - Page 4

U.S. EQUA~ EMPWYMENT OPPORTUNITY COMMISSION SeQttie. blstrlet Offi~
909 Fir,ft Avenue, Suitr. 400
5~Qttlr., Washlhgtal'l 98104-1061 TelephonE:: (206) 220-6883 Facsimile; (206) ;2;10-6911
TDD: (206) 220-6882

• • JURY TRIAL DEMAND

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

complaint.
DATED this ao~ day of ~Ye&l\\-'e.t'

,2002.

A. LUIS LUCERO, JR.
Regional Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

JOHN F. STANLEY Acting Supervisory Trial Attorney

WESLEY KATAHIRA Senior Trial Attorney

Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Telephone (206) 220-6864

Office of the General Counsel 1801 "L" Street NW Washington, D.C. 20507

Attorneys for Plaintiff

COMPLAINT - Page 5

II.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSlON
58attl. Distr'id Offic;;.. 909 rlrst A~nue, Suite 400 seattle, Washington 98104-1061 T~lepI1QI1"': (206) 220 ·6883
fo,l;Simile: (206) 220-6911 TOD: (206) 220-6a82

 
 ql.
...

•

~

I

•
THE IIONORA~t~E~1~DGE

2

ZOOl MAY 21 P I: 20

3

4

5

6

7

UNITED STATES DISTRICT COURT

DISTRICT OF IDAHO

8

9 EQUAL EMPLOYMENT OPPORTUNITY

}

COMMISSION,

}

10

)

Plaintiff,

)

II

)

v.

)

12

)

LIFE CARE CENTERS OF AMERICA, INC., }

13 d/b/a LIFE CARE CENTER OF LEWISTON,

)

)

14

Defendant.

)

)

15

)

CASE NO. CV-02-459-C-EJL
CONSENT DECREE AND ORDER DISMISSING ACTION

16

17

I. INTRODUCTION

18

1. This action originated with a discrimination charge filed by Sarah Smith with the Idaho

19 Human Rights Commission on or about January 31, 200 I, simultaneously filed with the Equal

20 Employment Opportunity Commission ("EEOC or the Commission") pursuant to a worksharing

2 I agrccment. Ms. Smith alleged that Life Care Centers of America, Inc., d/b/a Life Care Centcr of

22 Lewiston CLi fe Care Centers") discriminated against Ms. Smith based upon her sex (female) in

23 violation of Title VII of the Civil Rights Act ofl964, 42 U.S.C.§ 2000e, et seq. ('Title VII").

24

2. On April 29, 2002, the Idaho Human Rights Commission issued a letter of determination

25 with a finding of probable cause that Life Care Centers violated Title VII by subjecting Ms. Smith to

26 sexual harassment which created a hostile working environment. After tile Idaho Human Rights

27 Commission was unsuccessful in its attempt to conciliate the charge, the EEOC assumed processing of

CONSENT DECREE - PAGE I

EQUAL EMPLOYMENT OPpORl\JNITY COMMISSION
SN1:tlIl D~bid. Office Fl(IOeralOl"liClil Building
909 Fir'St Av!!l'R.J&, Su~ 400 Se91tle, Wsfol1inglOJI. ~104-1($1
T!!lephcne (206) 220-6863
Fax (2OG) 22Q..(;i911 TDD (206) 220-6882

• •

1 the charge.

2

3. The Commission med its Complaint on September 30, 2002 in the United States District

3 Court for the District of Idaho in Boise, Idaho. The complaint alleges that Life Care Centers violated

4 Title VII by subjecting Ms. Smith to sexual harassment which created a hostilC working environment,

5 and which caused her constmctive discharge.

6

4. Detendants denied the allegations of discrimination in the EEOC's complaint and asserted

7 several a1lirmati ve defenses.

8

5. 'The parties want to conclude fully and finally all claims arising out orEEOe's complaint,

9 and the charge of discrimination filed with EEOC by Sarah Smith. They enter into this Consent Decree

10 to further the objectives of equal employment as set forth in Title VII.

II

H. NONADMISSION en: LlABfLlTY AND NONDETERMlNA'nON

12

BY mE COURT

13

6. This Consent Decree is not an adjudication or finding on the merits ofthis case and shall not

14 be construed as an admission by defendant of a violation of Title VII or any other applicable law.

15

III. JURISDICTION AND VENUE

16

7. Jurisdiction of this Court is invoked pursuant to 28 USc. §§ 451,1331,1337,1343 and

17 1345. This action is authorized pursuant to Sections 706(f)(1) and (3) ofTitle Vll of the Civil Rights

18 Al:t of 1964, as amended, 42 UB.C. §§ 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act

19 of 1991, 42 U.S.C. § 1981 a. The employment practices alleged to be unlawful in the complaint filed

20 herein occurred within the jurisdiction of the United States District Court for the District Idaho.

21

TV, SETTLEMENT SCOPE

22

8. This Consent Decree is the final and complete resolution of all allegations of unlawful

23 employment practices contained in Ms. Smith's discrimination charge, in the EEOC's administrative

24 determinations, and in the complaints filed herein, including all claims by the parties for attorney fees

25 and costs. The scope of this Consent Decree will be limited to the Lite Care Centers location in

26 Lewiston, Idaho. The parties acknowledge that Life Care Centers and Sara Smith have entered into a

27 separate settlement agreement containing additional terms of settlement between them, to which the

CONSE'NT DECREE - PAGE 2

EQUAL EMPLOYMENT oPPORTUNITY COMMI$SION s.atue Dlstrh;:t Ofriet Fed'IUI! O1ftCEt (Suildlng
009 f'"irs! Allel'lr.le, SUit• .(QO Se.!Ime, W"shio\non 9E!1()4;-1061
"relflt*i(lt'let (206) 220-6683 Fl:Io). (200) 220-6911 lDD 12001 ?.,n r:"'''~

• •

I EEOC is not a party. The entry ofthis Consent Decree is conditioned on Sara Smith's execution of said

2 settlement agrecment.

3

4

V. MONETARY RELIEF

5

9. In settlement ofthis lawsuit, Life Care Centers a!,'fees to pay Sarah Smith $ 28,000. A eheck

6 in this amount made payable to Sarah Smith and the law firm she has retained in this matter, Keeton and

7 Tait, will be mailed directly to Keeton and Tait, by certified mail to P.O. Box Drawer E, 312 Miller

8 Street, Lewiston, lD, 83501 within five (5) business days of the date this Consent Decree is entered by

9 the Court.

10

VI. AFFIRMATIVE AND OTHER RELIEF

II

A. General Provisions

12

10. Life Care Centers, its ofliccrs, agents, and employees will refrain from engaging in

13 practices which unlawfully discriminate against employees on the basis of sex. In recognition of its

14 obligations under Title VII, Life Care Centers will institute the policies and practices set forth below.

15

B. Anti-Discrimination Policies and Procedures

16

II. Life Care Centers shall institute and carry out anti-discrimination policies, procedures and

17 training /hr employees, supervisors and management personnel, to the extent not already established,

18 and will provide equal.employmentopportunities for all employees. Life Care Centers will evaluate and,

19 where appropriate, modifY the practices of its managers and supervisors in order to prevent

20 discrimination in employment. Life Care Centers will ensure that its managers and supervisors

21 understand its Equal Employment Opportunity ("EEO") policies and how those policies define and

22 identifY what constitutes employment discrimination.

23

12. Within sixty (60) days of the date of the effective date of this Consent Decree, Life Care

24 Centers will: (a) review its EEO policy, and revise it as necessary, to ensure that it adequately prohibits

25 sexual harassment and addresses Life Care Centers' obligation to provide a harassment-free work

26 environment for its employees; and (b) distribute a written copy of its EEO policy to all present and

27 future employees, both management and non-management. Life Care Centers will provide EEOC with

CONSENT DECREE - PAGE 3

EQUAL EMPLOYMENT OPPORTUMTY COMMISSION Seattle Dlstrlct Offtee
909 First Avenu8, StJ.lte 400 SErmtle, walif1i~ 96104-1061
Tglt;!phone- (206) 220-6883 FOIX (206) 220-G911 TDD (4'00) 22C1-6881

• •

I a written copy ofits EEO policy as part ofits first semi-annual report as provided in paragraph 21 below.

2

C. Training

3

I3. Within one hundred and twenty (120) days of the entry of this Consent Decree, Life Care

4 Centers will develop and present to all managers, supervisors and employees three (3) hours oftrainin g

5 on employment discrimination, including sexual harassment, and one (i) hour ofsuch training annually

6 thereafter for the duration of the Consent Decree. The EEOC will have an opportunity to review the

7 training materials prior to the training date.

8

14. Life Care Centers will notify the EEOC of the completion of the training and will specifY

9 the names and job titles of the employees who participated in and completed the training as part of its

IO semi-annual reporting to the EEOC.

II

D. Expungement of Records

12

15. Life Care Centers will not disclose any information or make references to any charge of

I3 discrimination or this lawsuit in responding to employment reference requests for information about

14 Sarah Smith.

15

16. Life Care Centers will expunge from the persoIDlel files of Ms. Smith and from any other

16 records where such information is kept by Life Care Centers, any references to a charge ofdiscrimination

17 against Life Care Centers and this lawsuit. If Ms. Smith wishes to do so, Life Care Centers will permit

18 her to review her personnel file within thirty (30) days after the entry of this Consent Decree to ensure

19 that all such references have been expunged. Lifc Care Centers will not add any information or

20 references to the personnel files of Ms. Smith or rccords regarding her charge ofdiscrimination and this

21 lawsuit after such references have been expunged.

22

E. Policies Designed to Promote Supervisor Accountability

23

17. Life Care Centers agrees that it shall impose appropriate discipline -- up to and including

24 termination, suspension without payor demotion -- upon any supervisor or manager who Life Care has

25 determined has engaged in unlawful sexual harassment or with actual orconstruetive knowledge permits

26 any sueh conduct to occur in his or her work area or among employees under his or her supervision, or

27 who retaliates against any person who complains or participates in any investigation or proceeding

CONSENT DECREE - PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle D~1r1et OfIic;:e Fedlilf8l 0Ifrc.e Building-
909 First Avenue. Sulle 400
SeOlittle, WZiishil1gton 98104-1061 Tt:I'e~ (205. 220-6883 FQ)j (200) 220-6911
TDO (206) 220-6882

• •

I concerning any such conduct. Li fe Care Centers shall communicate this policy to all of its supervisors

2 and managers.

3

18. Life Care Centers agrees that it shall continue to advise all managers and supervisors of

4 their duty to actively monitor their work areas to ensure employees' compliance with the company's

5 EEO policy, and to report any incidents and/or complaints ofdiscrimination or retaliation ofwhich they

6 become aware.

7

19. Life Care Centers agrees that it will revise its supervisor appraisal process to include

8 perfonnance evaluations for the handling ofEEO issues as an element in supervisor appraisals.

9

20. Life Care Centers agrees that it shall include "commitment to equal employment

10 opportunity" as a criterion for qualification for supervisory positions.

II +

F. Reporting

J 2

21. Life Care Centers shall report in writing and in affidavit fonn to the EEOC on a semi-

13 annual basis, beginning six (6) months from the date of the entry of this decree, and thereafter every six

14 (6) months for the duration of the decree the following information:

15

a. Certification of the completion of the training required pursuant to Paragraph 13 of this

Decree and list of attendees;

16

b. CertiJication that its REO policy has been distributed to all current and newly hired

17

employees;

18

c. A list of any changes, modifications, revocations or revisions to its EEO policies and

procedures which concern or affect the subject of discrimination or retaliation.

19

d. A summary of sexual harassment complaints, if any, filed by employees working at Life

20

Care Center of Lewiston, Idaho which are reported to management and the resolution of

each complaint; and

21

e. A statement listing the other provisions of this Decree that defendants are required to

22

perfbnn and certifYing that Life Care Centers has complied with the tenns ofthe Decree.

If Life Care Centers has not complied with any term of the Decree, the statement will

23

specifY the areas of noncompliance, the reason for the noncompliance, and the steps

taken to bring the defendants into compliance.

24

25

E. Posting

26

22. Life Care Centers will post a Notice, attached as Exhibit I to this Consent Decree. lbc

27 Notice shall be posted on a centrally located bulletin board at Life Care Center of Lewiston for the

CONSENT DECREE - PAGE 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle OlSttk;t 0fflI;:.. F~ral ()ffia;I Building
909 Fir1'l A\I'enue, Suite 4CO SliIatlJEt, ~i!lhinglt;ll1 58104-1061
Tel9phon& (206) 2'2()..Q$3i F'tl( (206) 220-6911 TDD (206) 2~2

• •

1 duration of the Consent Decrec.

2

VII. ENFORCEMENT

3

23. Ifthe EEOC determines that Life Care Centers has not complied with the terms of this

4 Decree, the EEOC will provide written notification of the alleged breach to Life Care Centers. The

5 EEOC will not petition thc court for enforcement of the decree for at least thirty (30) days after

6 providing written notification of the alleged breach. The 30-day period following the written notice

7 shall be used by the parties for good faith efforts to resolve the dispute.

8

VIII. RETENTION OF JURISDICTION

9

24. The United States District Court for the District ofIdaho shall retain jurisdiction over

10 this matter for the duration of the decree.

I I

IX. DURATION AND TERMINATION

12

25. 1his Decree shall be in effect for three (3) years beginning May 30, 2003 and ending

13 May 30, 2006. If the EEOC petitions the Court lor breach of the Decree, and the Court finds Life

14 Care Centers to be in violation of the terms ofthe Decree, the Court may extend the duration of the

15 Decree.

16

X. CONCLUSION

17

26. The parties are not bound by any provision of this decree until it is signed by authorized

18 representatives of each party and entered by the Court.

19

20

rn'JY Th Dated this 6.S day of

,2003.

21

22 A. LUIS LUCERO, JR. Regional Attorney
23
KATHRYN OLSON 24 Supervisory Trial Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

25 DAMIEN A. LEE Trial Attorney
26 EQUAL EMPLOYMENT
27 OPPORTUNITY COMMISSION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CONSENT DECREE - PAGE 6

EQUAL EMPLOYtllENT OPPORTUNITY COMMISSION
S&attla Dt'lotrlet otnc.e
f9der8l' OffIce Building
909 F"it;!;1 AVIII1Ve, Sulte-400
SI'!'IIiIIIl, WaShlngtoo 98104-1061 T!!lephonI;I (205):220-6683
Fa); (200) 220-6$11 TOO {206J220-6B82

•

•

Seattle District Office 909 First Avenue, Suite 400 2 Seattle, Washington 98104
Telephone (206) 220-6915

n

3

4 BY; e;'. ~ ~'i1

5 Attorneys for Plaintiff

Office of the General Counsel 1801 "L" Street, N.W. Washington, D.C. 20507 Telephone (202) 663-4702

6 1/
7 II
8 II
9 II
10 II
II STEVEN W. BERENT~SQ.
12 BY: f§!n,~L\~~~
13

14 Attorney for Defendant

15 HAWLEY TROXELL ENNIS & HAWLEY LLP 877 Main Street, Suite 1000
16 Boisc,ID 83701-1617 (208) 344-6000
17

18

19

20

21

22

23

24

25

26

27

CONSENT DECREE - PAGE 7

EQUAl- EMPL.OYMENT OPPORTUNJTV COMMISSION Sutde Di&trict Offic.e FI!!der.al OI'tIClit 8uQd11'19
909 Fil"$l A'tenuI!I, Suite 400 Sea1Ue, WZll!;hin~on 93104-1061
T9IepOOne (:<1)6.) 22O-6fJ83
Fa)[ (206) 22().6911
TOO (206) 2iO-68a2

• •

ORDER APPROVING CONSENT DECREE

2

3

The Court having considered the foregoing stipulated agreement of the parties,

4 IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is,

5 approved as the final decree of this Court in full settlement ofthis action. This lawsuit is hereby

6 dismissed with prejudice and without costs or attorneys' fees to any party. The Court retains

7 jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein.

8

ti.

9

DATED this ~? - day of ---L-=:..,L=jI'---_ _, 2003.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

CONSENT DECREE - PAGE 8

EQUAL EMPlOYMENT OPPORTUNITY COMMISSION
Se"e District Offtee
Fedallil 0I'rII::vi.t aUlkll~
~ first Ayeru8. Suii4!t 400
SQ;&tlle, WOIShingl!)l1 $8104-1061
l'eJephor"1l!l (206) 22[}..6883
Fax (206) 220-6911
TDD(2OG)~

•

•

I

2

NOTICE TO ALL EMPLOYEES

3

'This notice is being posted pursuant to all agreement between Life Care Centers of America,

Inc., dlba/a Life Care Center of Lewiston ("Life Care Centers") and the U.S. Equal Employment

4 Opportunity Commission, entered as the result of a resolution of a lawsuit in federal district court.

There was no finding on the merits of the lawsuit and this notice should not be considered an

5 admission by Life Care Centers of a violation of any law.

6

Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in

Employment Act of 1967, the Equal Pay Act of 1963, and the Americans with Disabilities Act of

7 1990 arc enforced by the EEOC arJd require the following:

8

That there be no discrimination against arJy employee or apylicant for employment

because of the employee's race, sex, color, religion, nationa origin, age (over age 40),

9

or disability with respect to hiring, firing, compensation, or other terms, conditions or

privileges of employment.

10

It is an unlawful employment practice for an employer to retaliate against any employees or

II

applicarJts fOT employment because they have opposed a practice or because they have made a

charge, testified, assisted, or participated in any manner in arJ investigation, proceeding, or

12

hearing under these statutes.

13

Life Care Centers has instituted a training program to train its managers regarding the

requirements of the above statutes.

14

Life Care Centers has posted this notice because the comparJy supports and will comply with

15 these federal laws in all respects.

16 DATED ________________
17 Life Care Centers of America, Tnc.
18

19

20

21 If

22
DATED this
23
A. LUIS LUCERO, JR.
24 Regional Attorney

day of

,2003.

25 KATHRYN OLSON
Supervisory Trial Attorney
26
DAMIEN A. LEE
27 Trial Attorney

CONSENT DECREE - PAGE 9

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Ofne.
r ~n.a 0fI'Ice Building
909 First A\lI&I'IuI!t, Suit. "100 S~","IIiI, WS8hingtOll '9&104-1061
T~lttphone (206) 2:2()...$863
Fm: (206) 220-6911
lDD (2C.6) 120-6882

•
I BY:A.~~ EQUAL EMPLOYME OPPOR 2 COMMISSION
3 Seattle District Office
909 First Avenue, Suite 400 4 Seattle, Washington 98104
(206) 220·6915 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
CONSENT DECREE· PAGE IO

•
EQUAL EMPlOYM~NT OPPORTUNITY COMMISSION Snwe District OMe. FIIdv:rt;II OnIce BulldirYd
90$ FlrlII: AW!r'11At, Suile 400 SGattIe, WlII:shinglan 00104-1061
T9~phone(206)~3
F.iIIX (206) 220-6911 TOD (200) 220-6tU:'1i

• • United States District Court for the District of Idaho May 27, 2003
* * CLERK'S CERTIFICATE OF MAILING * *
Re: 3:02-cv-00459

I certify that I caused a copy of the attached document to be mailed or faxed to the following named persons:

A Luis Lucero Jr, Esq. 1-206-220-6911 US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061

Damien Lee, Esq. US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Ave #400 Seattle, WA 98104-1061

Kathryn Olson, Esq.

1-206-220-6911

US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Seattle District Office

909 First Ave #400

Seattle, WA 98104-1061

Steven W Berenter, Esq. HAWLEY TROXELL ENNIS & HAWLEY PO Box 1617 Boise, ID 83701

Cathy R Silak, Esq.

1-208-342-3829

HAWLEY TROXELL ENNIS & HAWLEY

PO Box 1617

Boise, ID 83701

____~Chief Judge B. Lynn winmill 1,C'Judge Edward J. Lodge v" Chief Magistrate Judge Larry M. Boyle
_____,Magistrate Judge Mikel H. Williams
Visiting Judges: Judge David O. Carter
-----'Judge John C. Coughenour _____,Judge Thomas S. Zilly

Date:

•

• Cameron S. Burke, Clerk

BY:

 
 District of Idaho Live CM/ECF - Docket Report

Page 1 of 3

JURY, MTNDDL, NDPLMB, TERMED
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Moscow)
CIVIL DOCKET FOR CASE #: 3:02-cv-00459-EJL

EEOC v. Life Care Centers Assigned to: Honorable Edward J. Lodge Demand: $0 Cause: 42:1983 Civil Rights (Employment Discrimination)

Date Filed: 09/30/2002 Date Terminated: 05/27/2003 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Damien Lee US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F Stanley US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: john.stanley@eeoc.gov TERMINATED: 12/05/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathryn Olson

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?488654789471942-L_353_0-1

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V.
Defendant
Life Care Centers of America, Inc doing business as Life Care Center of Lewiston

Date Filed

#

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6895 Fax: (206) 220-6911 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wesley Katahira US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6883 Fax: 1-206-220-6911 Email: wesley.katahira@eeoc.gov TERMINATED: 12/05/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cathy R Silak HAWLEY TROXELL ENNIS & HAWLEY PO Box 1617 Boise, ID 83701 (208) 344-6000 Fax: 1-208-342-3829 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W Berenter HAWLEY TROXELL ENNIS & HAWLEY PO Box 1617 Boise, ID 83701 (208) 344-6000 Fax: 1-208-342-3829 Email: swb@hteh.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?488654789471942-L_353_0-1

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09/30/2002 09/30/2002 10/03/2002 10/31/2002 11/01/2002 12/05/2002
12/16/2002 12/23/2002
02/13/2003 02/19/2003
05/27/2003

1 COMPLAINT (Summons(es) issued) Filing Fee Waived. (msb)
2 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for plaintiff (msb)
3 LITIGATION ORDER by Honorable Edward J. Lodge ; Teleconf set for 1/9/03 at 10:00am (cc: all counsel) (ja)
4 ANSWER TO COMPLAINT by def Life Care Centers of America, Inc. and jury trial demand (ja) (Entered: 11/01/2002)
5 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for def Life Care Centers re answer [4-1] (ja)
6 SUBSTITUTION OF COUNSEL: terminating attorney Wesley Katahira for EEOC and attorney John F Stanley for EEOC and substituting attorneys Damien Lee as primary trial counsel and Kathryn Olson as the supervisory trial attorney (ja)
7 LITIGATION PLAN FORM by def (ja) (Entered: 12/17/2002)
8 SCHEDULING ORDER, REFERRAL TO MAGISTRATE JUDGE AND MEDIATION by Honorable Edward J. Lodge ; Telephonic Status Conference set for 1/9/03 isVACATED; Discovery ddl set for 7/28/03; Pretrial Motion ddl set for 8/27/03; Jury Trial set for 4/13/04 at 9:30am in Moscow Non-dispositive motions referred to Judge Larry M. Boyle; Parties will be contacted by District's ADR coordinator (cc: all counsel) (ja)
9 STIPULATION to the extension of the deadlines for disclosure of expert witnesses and rebuttal thereto (ja)
10 ORDER by Judge Larry M. Boyle granting stipulation to the extension of the deadlines for disclosure of expert witnesses and rebuttal thereto [9-1]; pla shall disclose expert witness by 6/2/03, def shall disclose expert witnesses by 7/11/03, all rebuttal experts shall be identified by 7/25/03 (cc: all counsel) (ja)
11 CONSENT DECREE AND ORDER DISMISSING ACTION by Honorable Edward J. Lodge terminating case (cc: all counsel) (ja)

PACER Service Center
Transaction Receipt

05/16/2007 21:00:58

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:02-cv-00459-EJL

Billable Pages: 2

Cost:

0.16

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?488654789471942-L_353_0-1

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