Case 3:06-cv-01624-RGJ-KLH
U-S-DISTRICT COURT WESTERN DISTRICT OF LOUI81ANA
RECEIVED

Document 1-1

Filed 09/21/2006

Page 1 of 7

SEP 2 1 2006 UNITED STATES DISTRICT COURT
•..,., ~"·"'"WESTERN DISTRICT OF LOUISIANA

BY

"'"'"

MONROE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

PHM CORPORATION d/b/a

)

THE OAKS & WEST MONROE

)

GUEST HOUSE

)

)

Defendant.

)

3:06cv1624 JUDGE JAMES MAG. JUDGE HAYES

COMPLAINT AND JURY DEMAND NOW INTO COURT, through undersigned counsel, comes Plaintiff, the United States Equal Employment Opportunity Commission, ( "EEOC" or "Commission"), and files its Complaint and Jury Demand. Plaintiff respectfully avers as follows:
NATURE OF THE ACTION I. This action is brought under Title VII of the Civil Rights Actofl964, as amended, and Title I ofthe Civil Rights Act of1991, to correct unlawful employment practices and to provide appropriate injunctive relief to correct the unlawful employment practices to which Tobie Escher was adversely subjected. The PlaintiffEqual Employment Opportunity Commission ("EEOC" or "Commission") alleges that Escher, a Black female, was subjected to discrimination based on race by Defendant, PHM Corporation d/b/a The Oaks and West Monroe Guest House (hereinafter, "Defendant" or "PHM") when it terminated her for conduct similar to that of one or more similarly situated white employees, and that PHM refused to rehire Escher at another of its facilities because ofher race and in retaliation for complaining ofdiscrimination in connection with her separation, all in violation of

Case 3:06-cv-01624-RGJ-KLH Document 1-1 Filed 09/21/2006 Page 2 of 7
Title VII.
JURISDICTION AND VENUE 2. JurisdictionofthisCourtisinvokedpursuantto28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(1)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(1)(l) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act ofl991, 42 U.S.C. § 198la. 3. The employment practices alleged to be unlawful were at all material times committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
PARTIES 4. Plaintiff, the EqualEmploymentOpportunityCommission (the "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 Sections 706(1)(1) and (3) of Title Vll, 42 U.S.C. § 2000e-5(1)(l) and (3). 5. At all relevant times and continuously to this date, the Defendant has been a for profit business corporation operating two medical facilities in Monroe, Louisiana with more than 15 employees. 6. At all relevant times and continuously to this date, Defendant has been an employer engaged in an industry affecting conunerce under Sections 701 (b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e (b), (g) and (h). 7. Atall relevant times, all material facts occurred within the jurisdiction ofthis Court at the two medical facilities operated by PHM Corporation in Monroe, Louisiana.
2

Case 3:06-cv-01624-RGJ-KLH Document 1-1 Filed 09/21/2006 Page 3 of 7
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution ofthis lawsuit Ms. Escher filed a charge with the Commission alleging violations of Title Vll by the Defendant and Title I ofthe Civil Rights Act of 1991. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since February of2004, the Defendant has engaged in unlawful employment practices at its facility, The Oaks, which is located at 1000 McKeen Place, Monroe, Louisiana and at its sister facility, West Monroe Guest House, located at I007 Glenwood Drive, West Monroe, Louisiana. 10. Ms. Tobie Escher was employed by the Defendant as a Licensed Practical Nurse at their facility in Monroe, Louisiana called "The Oaks" from February II, 2003 until February !8, 2004. II. On or about February 18, 2004, Ms. Escher was scheduled to be off from work, but volunteered to work that day expecting to be given her ususal hall assigmnent. After reporting to work, Ms. Escher was assigned to work the "D Hall," which according to Ms. Escher and other nurses, was the least desirable ofthe halls to work. After learning ofthe assignment, Ms. Escher told the Assistant Director of Nursing, Annette Picard, that she had decided not to accept the overtime shift, and clocked back out. Ms. Escher left the facility, and was later called by the Director of Nursing, Kathryn Thigpen, who informed her that Picard had alleged that Ms. Escher had used profanity. Ms. Escher denied having used any profanity, but Ms. Thigpen fired her anyway. Ms. Escher pointed out to Ms. Thigpen that Martha Clark (a Licensed Practical Nurse who is White) had also done the same thing, but that Ms. Clark was not fired or disciplined. 12. Ms. Escher subsequently applied to work for the Defendant at its sister facility, the West Monroe Guest House, and she was initially hired effective February25, 2004. On February 24,2004,
3

Case 3:06-cv-01624-RGJ-KLH Document 1-1 Filed 09/21/2006 Page 4 of 7

Ms. Escher was contacted by Debbie Faulk, the Assistant Director of Nursing at the West Monroe

facility, who told her that she could not hire her because she had been advised by Annette Picard,

from "The Oaks," that Ms. Escher had abandoned her job, and that the Defendant, PHM, had a policy

of not rehiring employees at one facility after they have been terminated by a sister facility. Ms.

Escher again pointed out that West Monroe had recently hired a white LPN, Kim Whittington, after

Ms. Whittington had been discharged at "The Oaks" for "no call, no show."

13. The disciplinary records of Ms. Escher and Ms. Clark show that Ms. Clark had an extensive

disciplinary record, which included "having a bad attitude and cursing on the hall," and that Ms.

Escher had only one previous write-up for "failure to clock out at lunch."

14. The practices complained of in paragraphs nine through fourteen above constitute

discrimination based on race and retaliation in violation ofTitle Vll. Defendant is liable under Title

VII for the above-described practices of its supervisors and employees.

15.

The effect of the practices complained of in paragraphs nine through thirteen above have

been to deprive Ms.Escher ofequal employment opportunities, alter her conditions ofemployment,

and to adversely affect her status as an employee because of her race, in violation of Title VII.

16. The unlawful employment practices complained of in paragraph nine through thirteen above

were intentional.

PRAYER FOR RELIEF

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 engaging in discrimination based on race, as

well as retaliation, within the meaning of Title VII, and any other employment practice which

4

Case 3:06-cv-01624-RGJ-KLH Document 1-1 Filed 09/21/2006 Page 5 of 7
discriminates on the basis of race. B. Order Defendant to institute and carry out policies, practices, and programs which are designed to prevent discrimination based on race and retaliation, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Ms. Escher by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained ofin paragraphs nine through thirteen above, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, in amounts to be determined at trial. D. Grant a judgment requiring Defendant to make Ms. Escher whole by providing appropriate back wages and pre-judgment interest, in an amotmt to be determined at trial, as well as any other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices, including, but not limited to, order an award of front pay in an amount to be determined at trial. E. Order Defendant to pay Ms. Escher punitive damages for its malicious and reckless conduct, as described in paragraphs nine through fourteen above, in amounts to be determined at trial. F. Grant such further legal or equitable relief as the Court deems necessary and proper in the public interest. G. Award the Commission the costs of this litigation.
5

Case 3:06-cv-01624-RGJ-KLH Document 1-1 Filed 09/21/2006 Page 6 of 7
JURY TRIAL DEMAND
In accordance with Rules 38 and 39 ofthe Federal Rules ofCivil Procedure, the Commission
hereby requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
Ronald S. Cooper General Counsel
JAMES L. LEE Deputy General Counsel
Gwendolyn Reams Associate General Counsel 1801 LStreet,N.W. Washington, D.C. 20507
egi nal Attorney I Smith Street, 6• Fl.
J7JL-{i7~ LILLIANMTHRNTON Senior Trial Attorney Bar Roll Number La. 25525
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras Street, Suite 1900
New Orleans, La. 70112
Telephone: (504) 595-2876 Facsimile: (504) 595-2886
AGENT FOR SERVICE OF PROCESS L. Michael Ashbrook 300 Washington Street Momoe, La 71210-3068
6

Case 3:06-cv-01624-RGJ-KLH Document 1-1 Filed 09/21/2006 Page 7 of 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New Orleans Field Office

1555 Poydms Street Suite 1900

New Orlearu;, LA 70112

(504) 589-2329

TrY (504) 5&9-2958 FAX (504) 589-6861

Website:www.eeoc.gov

Robert H. Shemwell Clerk of Court Western District of Louisiana 300 Fannin Street, Suite 1167 Shreveport, La. 71101-3083

September 20, 2006
U.S. DISTRICT COURT WESTERN OISTRtCT OF LOUISIANA
RECEIVED
SEP 2 1 2006
-·r~(~"'Wf:LL, CLERK
IY -lf'.--"D£"1'\J=TY;--

RE: EEOC vs. PHM Corporation d/b/a The Oaks & West Monroe Guest House

Dear Mr. Shemwell,

Enclosed please find our pleadings on the above captioned matter which we are asking to be filed upon receipt. Please return a stamped copy to our office. Thank you for assistance with this matter.

Yours truly,
~t~~a~ ~----ffitan M. Thornton
Senior Trial Attorney Direct Line- 504-595-2876

 
 Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 1 of 7

UNITED STATES DISTRICT COURT. WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§ CIVIL ACTION NO. 3:06cv1624

Plaintiff

§

§ JUDGE JAMES

V.

§

§

PHM CORPORATION d/b/a

§

MAG. JUDGE HAYES

THE OAKS & WEST MONROE

§

GUEST HOUSE

§

AMENDED COMPLAINT AND JURY DEMAND NOW INTO COURT, through undersigned counsel, comes Plaintiff, the United States Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission"), and pursuant to Federal Rule of Civil Procedure 15 files its Amended Complaint and Jury Demand. The EEOC respectfully avers as follows:
NATURE OF THE ACTION l. Tills action is brought under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices and to provide appropriate injunctive relief to correct the unlawful employment practices to which Tobie Escher· (hereinafter "Escher") was adversely subjected. The EEOC alleges that Escher, a Black female, was subjected to discrimination based on race by Defendants PHM Corporation d/b/a The Oaks and West Monroe Guest House (hereinafter sometimes "PHM"), Woodlawn Manor, Inc. d/b/a "The Oalcs" (hereinafter sometimes "The Oaks"), and West Monroe Guest House, Inc. d/b/a "West Monroe Guest House" (hereinafter sometimes "WMGH") when PHM and Woodlawn Manor, Inc. ternlinated her from "The Oalcs" for conduct sinlliar to that of one or more sinlliarly
1

Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 2 of 7
situated white employees and PHM and WMGH refused to hire her at !'West Momoe Guest House" for the same conduct, all because of her race, in violation of Title VII.
JURISDICTION AND VENUE 2. 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 pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 3. The employment practices alleged to be unlawful were at all material times committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
PARTIES 4. Plaintiff, the Equal Employinent Opportunity Commission (the "Commission"), is tlle 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 Sections 706(f)(1) and (3) ofTitle VII, 42 U.S.C. §2000e-5(f)(I) and (3). 5. At all relevant times and continuously to this date, the Defendant PHM has been a business corporation operating two extended-care residential facilities for the elderly and infirm in Momoe, Louisiana known as "The Oaks" and "West Momoe Guest House" and has employed more than 15 employees. 6. At all relevant tinles and continuously to this date, the Defendant Woodlawn Manor, Inc. has been a business corporation that owns the extended-care residential facility for the elderly and infirm in Momoe, Louisiana known as "The Oal(S" and has employed more than 15 employees.
2

Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 3 of 7
7. At all relevant times and continuously to this date, the Defendant West Monroe Guest House, Inc. has been a business corporation that owns the extended-care residential facility for the elderly and infirm in Monroe, Louisiana known as "West Monroe Guest House" and has employed more than 15 employees. 8. At all relevant times and continuously to this date, each Defendant, individually and/or collectively as a joint and single employer or integrated enterprise, has been an employer engaged in an industry affecting commerce under Sections 70l(b),(g) and (H) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h). 9. At all relevant times, all materials facts occurred witlrin the jurisdiction of this Court in Monroe, Louisiana.
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit Escher filed a charge with the EEOC alleging violations of Title VII and Title I of the Civil Rights Act of 1991 by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Since February of 2004, the Defendants PHM and The Oales have engaged in unlawful employment practices at the facility "The Oales," which is located at 1000 McKeen Place, Monroe, Louisiana. Also, since February of 2004, the Defendants PHM and WMGH have engaged in unlawful employment practices at "The Oales'" sister facility "West Monroe Guest House," which is located at 1007 Glenwood Drive, West Monroe, Louisiana. 12. Escher was employed by Defendants PHM and/or The Oales as a Licensed Practical Nurse at "The Oales" facility from February 11, 2003 until February 18, 2004. 13. On or about February 18,2004, a day that Escher originally was scheduled to be off, she reported for work after having voluntarily signed-up to work with the expectation that she would
3

Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 4 of 7
be given her usual hall assignment that day. After reporting to work, Escher learned that she was assigned to work the "D Hall" that day. This assignment, according to Escher and the other nurses, was the least desirable assignment. After learning of this assignment, Escher informed the Assistant Director of Nursing Annette Picard that she declined to work the extra shift because of the hall assignment; and then she clocked out and left the facility. Later she received a call from "The Oaks" Director of Nursing Kathryn Thigpen, who informed Escher that she was being. terminated for insubordination and that Ms. Picard had alleged that Escher used profanity while abandoning her shift. Escher denied having used any profanity and pointed out that a white Licensed Practical Nurse (Martha Clark) had done the same thing but was not fired or disciplined. Thigpen fired Escher anyway. 14. Escher subsequently applied to work for Defendants PHM and WMGH at the "West Momoe Guest House," the sister facility to "The Oaks." She was conditionally hired effective February 25, 2004. After talang her pre-hire drug screen but prior to actually reporting for work, Escher was contacted by Debbie Faulk, the Assistant Director ofNursing at "West Momoe Guest House," who told her that she could not hire her because Annette Picard from "The Oaks" advised her that Escher had abandoned her job, and that PHM has a policy of not hiring employees at one facility after they have been terminated by a sister facility. Escher pointed out that "West Momoe Guest House" had recently hired a white LPN Kim· Whittington after Ms. Whittington was discharged at The Oaks for "no call, no show." Regardless, PHM and WMGH refused to hire Escher. 15. The disciplinary records of Escher and Clark show that Clark had an extensive disciplinary record, which included "having a bad attitude and cursing ·on the hall," and that Escher had only one previous write-up for "failure to clock out at lunch."
4

Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 5 of 7
16. The practices complained of in paragraphs eleven through fifteen above constitute discrimination based on race in violation of Title VII. Defendant is liable under Title VII for the above-described practices of its supervisors and employees. 17. The effect of the practices complained of in paragraphs eleven through fifteen above has been to deprive Escher of equal employment opportunities, alter her conditions of employment, and to affect adversely her status as an employee because of her race, in violation of Title VII. 18. The unlawful employment practices complained of in paragraph eleven through fifteen above were intentional.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a pe=anent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discrimination based on race within tlle meaning of Title VII, and any other employment practice which discriminates on the basis of race. B. Order Defendants to institute and carry out policies, practices, and programs which are designed to prevent discrimination based on race and retaliation, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendants to malce Escher whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs eleven through fifteen above, including but not linlited to emotional and mental anguish, pain and suffering, hunliliation, and loss of enjoyment of life, in amounts to be determined at trial. D. Grant a judgment requiring Defendants to malce Escher whole by providing appropriate back wages and pre-judgment interest, in an amount to be determined at trial, as well as any
5

· .'

Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 6 of 7

other affmnative relief necessary to eradicate the effects of Defendant's unlawful employment
practices, including, but not limited to, order an award of front pay in an amount to be
detennined at trial.
E. Order Defendants to pay Escher punitive damages for its malicious and recldess conduct,
as described in paragraphs nine through thirteen above, in amounts to be determined at trial.
F. Grant such further legal or equitable relief as the Court deems necessary and proper in
the public interest.
G. Award the Commission the costs of this litigation.
JURy TRIAL DEMAND
In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the
Commission hereby requests a jury trial on all questions offact raised by its complaint.
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMESL.LEE Deputy General Counsel .
GWENDOLYN YOUNG REAMS Associate General Counsel
JIM SACHER Regional Attorney La. Bar Roll No. 14888 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION HOUSTON DISTRICT OFFICE Mickey Leland Federal Building 1919 Smith Street 7th Floor Houston, Texas 77002-8049 Tel: (713)-209-3398 Telefax: (713)-209-3402 .

6

Case 3:06-cv-01624-RGJ-KLH Document 8 Filed 12/22/2006 Page 7 of 7
VI·
N. ELEANOR GRAHAM Senior Trial Attorney La. Bar Roll No. 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras Street, Suite 1900 New Orleans, LA 70112 Tel: (504) 595-2875 (Graham) Fax: (504) 589-6861 or 595-2886 COUNSEL FOR PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7

 
 Case 3:06-cv-01624-RGJ-KLH Document 12 Filed 02/01/2007 Page 1 of 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

EEOC VERSUS PHM CORP., ET AL

CIVIL ACTION NO. 3:06CV1624 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

ORDER
The Court’s Civil Case Management Order issued October 13, 2006. Under that Order, the parties were required to file their Case Management Report within fourteen (14) days of the date of their meeting, but no later than January 22, 2007. As of this date, no Case Management Report has been filed. Therefore,
IT IS ORDERED that counsel for all parties show cause in writing within ten (10) business days of the date of this Order why they should not be sanctioned for failing to comply with this Court’s Civil Case Management Order. Counsel may not submit a Case Management Report in lieu of responding to this Order.
MONROE, LOUISIANA, this 1st day of February, 2007.

 
 RECECIVasEe D3:06-cv-01624-RGJ-KLH Document 23 Filed 04/18/2007 IN MONROE, LA

APR 1 8 2007
f<r:-
ROBERT H. SHEMWELL, CLERK WESTERN DISTRICT Of LOUISIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOmSIANA

Page 1 of 1

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff

)

)

v.

)

)

)

PHM CORPORATION d/b/a THE OAKS & )

WEST MONROE GUEST HOUSE;

)

WOODLAWN MANOR, INC.;

)

WEST MONROE GUEST HOUSE, INC.,

)

Defendants

)

CIVIL ACTION NO. 3:06-CV-1624
JUDGE JAMES
MAGISTRATE HAYES

Considering the Joint Motion to Approve and Enter Consent DeCl'ee and to Dismiss

Action filed by all parties and the appended Consent Decree, the Conrt grants the parties'

motion, Fnrther, the Court having executed the Consent Decree, hereby instructs the Clerk to

enter the Decree into the record and to dismiss the EEOC's action with prejudice, with each

party to bear its own costs and attorneys' fees.
Ig ~ Rendered and signed at Monroe, Louisiana, this day of

,2007.

 
 RECCEaIsVeE3D:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 IN MONFIOE, LA

APR 1 8 2007 /?!C.-
ROBERT H. SHEMWELL CLERK WESTERN DISTRICT l)f L6UtSIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

Page 1 of 8

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff

)

)

v,

)

)

)

PHM CORPORATION d/b/a THE OAKS & )

WEST MONROE GUEST HOUSE;

)

WOODLAWN MANOR, INC.;

)

WEST MONROE GUEST HOUSE, INC.,

)

Defendants

)

CIVIL ACTION NO. 3:06-CV-1624
JUDGE JAMES
MAGISTRATE HAYES

CONSENT DECREE
On September 21, 2006, the Equal Employment Opportunity Commission ("the Commission") instituted Civil Action Number 3:06-CV-1624 in the United States District Court for the Western District of Louisiana (Monroe Division), charging Defendant PHM Corporation. ("PHM") with violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C.§ 2000e et seq. ("Title VII"), and alleging that PHM engaged in unlawful employment practices by terminatiog the employment of Tobie Escher and refusing to rehire her at a sister facility because of her race and as an act of retaliation. On December 22, 2006, the Commission filed an Amended Complaint charging PHM and co-defendants Woodlawn Manor, Inc. ("Woodlawn") and West Monroe Guest House, Inc. ("WMBH") as a joint and single employer or integrated enterprise with violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and alleging that the defendants engaged in unlawful employment practices by terminating the employment of Tobie Escher and refusing to hire her at a sister facility because
1

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 2 of 8
of her race. The Commission and the defendants now wish to resolve all claims and controversies
encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however, to the approval of this Court. Defendants deny any wrongdoing in this case, and in the treatment of Tobie Escher or any other employee.
THEREFORE, IT IS HEREBY AGREED BETWEEN THE COMMISSION AND THE DEFENDANTS AND ORDERED, ADJUDGED, AND DECREED that:
JURISDICTION AND PROCEDURAL MATTERS 1. Tllis Court has jurisdiction over the subject matter oftllis lawsuit and over the parties to this lawsuit. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of which constitute a fair and equitable settlement. 3. The negotiation, execution, and entry of this Decree will resolve any and all claims of the Title VII violations brought by tl1e Commission against ti1e defendants arising out of Commission Charge Number 270-2004-00999 and this lawsuit, Civil Action Number 050844. 4. Neither the negotiation, nor the execution, nor the entry of this Consent Decree shall constitute an aclmowledgment or admission of any kind by Defendants or tl1at their officers, agents, or employees have violated or have not been in compliance witl1 any Federal, State or Local constitution, statute, law, regulation or ordinance. 5. This Decree relates only to the alleged Title VII violations raised or which could have been raised against the defendants in EEOC Charge Number 270-2004-00999 and tl1is
2

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 3 of 8
lawsuit. It is expressly acknowledged and agreed by the parties that tins Decree does not relate to any other Conm1ission charges.
INDIVIDUAL RELIEF 6. Within thirty (30) days after the entry of this Decree the Defendants shall pay the sum of$ 15,000.00 ("FIFTEEN THOUSAND DOLLARS") as damages to Tobie Escher for claims that were raised in Commission Charge Number 270-2004-00999 and this lawsuit. Further, within thirty (30) days after the entry of this Decree, the defendants shall provide Tobie Escher with a written letter that apologizes for her termination and provides a positive reference for prospective employers of Ms. Esclier. The defendants shall provide contemporaneously a copy of the damage check and apology/reference letter for Tobie Escher to the EEOC's Trial Attorney N. Eleanor Graham and the Regional Attorney for the Houston District Office.
INJUNCTIVE RELIEF A. TITLE VII COMPLIANCE REQUIREMENTS 7. The defendants shall comply with all requirements of Title VII. The defendants agree not to discriminate on the basis of race in all phases of employment, including recruitment, application, hiring, testing, job assignment, promotion, training, discharge and all terms, conditions or privileges of employment. The defendants further agree not to discriminate or retaliate against any person because of opposition to any practice declared unlawful under Title VII because of the filing of a charge, giving of testimony or assistance; or because of participation in any manner in any investigation, proceeding, or hearing under Title VII.
3

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 4 of 8
B. REPORTING REQUIREMENTS 8. For the duration of this Decree, the defendants shall submit semiannual written reports to the EEOC's Trial Attorney N. Eleanor Graham and the Regional Attorney for the Houston District Office. The initial report must be submitted by the defendants six (6) months after the entry of this Consent Decree or not later than October 30, 2007. The defendants must submit subsequent semiannual reports on the following dates: April30, 2008; October 30, 2008; and April30, 2009. These reports shall certify the defendants' compliance with this Decree in accordance with paragraphs 7 tlu·ough 10 of this Decree and further provide per semiannual reporting period as follows: the identity by name, social security number, last known address and last ]mown telephone numbers of any individuals whose race is black and were terminated by the defendants without receiving a written warning or progressive discipline notice that such conduct would result in termination. For purposes of this Decree, "temlinated" means: involtmtary discharge or firing; solicitation of resignation in lieu of discharge or fuing; and a change in the workplace terms and conditions of an employee that the employee deemed to be sufficiently adverse to constitute a constructive discharge (e. g., the cessation of an individual's employment, regardless of whether recorded as "voluntary" or "job abandonment" by any of the defendants, when the employment ended baseci upon a unilateral shift change of the employee that was mandated by any of the defendants, but likely would have been impossible for the employee to accommodate due to family responsibilities). C. TITLE VII TRAINING REQUIREMENTS 9. The defendants agree to conduct, for the duration of this decree, an annual twohour training program about Title VII for its supervisors and managers. Each training program
4

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 5 of 8
shall include the topics of discriminatory tem1ination of blacks in violation of Title VII, including: (i) illegal termination of blacks for reasons that similarly-situated non-blacks are not terminated and (ii) application of any no-rehire policies by PHM, Woodlawn and/or WMBH in an unbiased manner such that blacks are not disparately excluded from consideration for hire or rehire, as compared with their non-black counterparts, by any of the foregoing entities and/or the facilities they control or operate. Any officer, supervisor, or manager, who failed to attend any Title VII training program, as mandated by this Decree, shall be required to attend a make-up training progran1 or view a videotape oftl1e entire original training program witllin two months
of tl1e missed program. The initial training program shall be conducted witllln six (6) months
after tl1e entry of this Consent Decree. The defendants' initial and semiarmual reports to the EEOC's Trial Attorney and Houston District Office Regional Attomey shall provide all date(s) Title VII training occurred; the names and positions ofthe managers and supervisors who attended t11e training and malce-up training or videotape programs; the signatures of all these same individuals aclmowledging their presence at such training programs; and the topics covered during all such programs (or in lieu of the topics list, a copy of the training outlines, materials or videotapes that were utilized during the tt·aining sessions).
D. POSTING REQUIREMENTS I 0. In accordance with federal anti-discrimination laws that are enforced by the Conunission, t11e defendants agree to post conspicuously the Commission's poster entitled: "Equal Employment Opportunity Is The Law" in prominent and accessible places in its buildings in Monroe, Louisiana where its employees work and where said poster can be readily observed by the defendants' employees and applicants for employment. In their periodic compliance
5

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 6 of 8
reports, the defendants shall routinely certify the efforts they have taken to assure that the posters have remained in place during the pendency of tllis Decree.
E. POLICY REQUIREMENTS 11. The defendants agree to send to the ColUIUission a copy of their policy(ies) prohibiting discrimination in violation of Title VII. In the event that the defendants do not yet have such a policy(ies), then they will create, implement and send a copy of such policy(ies) to the EEOC's Trial Attorney N. Eleanor Graham and the Regional Attorney for the Houston District Office within sixty (60) days after tl1e entry oftllis Decree. Additionally, the defendants shall disseminate such policy(ies) to all of its employees; and for the duration oftllis Decree, they shall certify in their initial and semiannual reports to the EEOC's Trial Attorney and Regional Attorney that tl1ey have disseminated such policy(ies) to all of their employees.
DURATION 12. Tllis Consent Decree shall remain in force for two years after the date of entry of tllis Decree.
VALIDITY, ENFORCEMENT AND MISCELLANEOUS PROVISIONS 13. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, tl1e validity of tl1e remaining parts, terms and provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree. 14. This Court shall retain jurisdiction over this action for tl1e purpose of enforcing this Decree, if necessary; and any party is empowered to enforce tl1is Decree tlrrough tl1e applicable judicial enforcement procedures.
6

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 7 of 8

15. This Decree sets forth the entire agreement between the Commission and the

defendants, which resolves Cmmnission Charge Number 270-2004-00999 and this lawsuit. This

Decree fully supersedes any and all prior agreements or understandings between the Commission

and the defendants pertaining to Commission Charge Number 270-2004-00999 and this lawsuit.

This Decree cannot be altered by oral agreement between the Commission and the defendants,

but only by written Court-ordered modification.

16. Defendants and the EEOC will bear their own attorney's fees and costs.

IT IS SO ORDERED.

JL Monroe, Louisiana, this

day o f ¥ 2007.

SUBMITTED AND APPROVED BY:

RONALD S. COOPER . General Counsel
JAMESL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
JIM SACHER Regional Attorney La. Bar Roll No. 14888
;··-,r-=-05cP
N. ELEANOR GRAHAM Senior Trial Attorney

7

Case 3:06-cv-01624-RGJ-KLH Document 24-1 Filed 04/18/2007 Page 8 of 8
La. Bar Roll No. 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras Street, Suite 1900 New Orleans, LA 70112 Tel: (504) 595-2875 (Graham)
(504) 595-2870 (Main#) Fax: (504) 589-6861 or 595-2886 COUNSEL FOR PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
-ANDCOOK, YANCEY, KING & GALLOWAY A Professional Law Corporation
By: (L~~~ S. Ptice Barker, T.A. #19472 Michael D. Lowe #29323 333 Texas Street, Suite 1700 P. 0. Box 22260 Shreveport, LA 71120-2260 Telephone (318) 221-6277 Telecopier (318) 227-7850 ATTORNEYS FOR PHM CORPORATION, WOODLAWN MANOR, INC., and WEST MONROE GUEST HOUSE, INC.
8

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?974867125005828-L_9...

U.S. District Court Western District of Louisiana (Monroe) CIVIL DOCKET FOR CASE #: 3:06-cv-01624-RGJ-KLH

CLOSED

Equal Employment Opportunity Commission v. P H M Corp Assigned to: Judge Robert G James Referred to: Magistrate Judge Karen L Hayes Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/21/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Nancy Eleanor Graham E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 Fax: 504-589-2805 Email: nancy.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jim Sacher E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3398 ATTORNEY TO BE NOTICED

Lillian M Thornton E E O C (NO) 1555 Poydras St Ste 1900 New Orleans, LA 70112 504-589-6817 TERMINATED: 11/22/2006

V.
Defendant
P H M Corp doing business as Oaks doing business as West Monroe Guest House

represented by S Price Barker Cook Yancey et al P O Box 22260 Shreveport, LA 71120-2260 318-221-6277 Fax: 318-227-7850 Email: barkerp@cykg.com LEAD ATTORNEY

1 of 4

6/5/2007 12:42 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?974867125005828-L_9...

Defendant West Monroe Guest House Inc also known as West Monroe Guest House
Defendant Woodlawn Manor Inc also known as Oaks

ATTORNEY TO BE NOTICED
represented by S Price Barker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by S Price Barker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/21/2006 09/22/2006 10/30/2006 10/31/2006 11/20/2006
11/20/2006 11/22/2006
12/21/2006 12/22/2006 12/22/2006

#

Docket Text

1 COMPLAINT against P H M Corp with Jury Demand, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(crt,Dean, S) (Entered: 09/22/2006)
2 SUMMONS ISSUED as to P H M Corp. (crt,Dean, S) (Entered: 09/22/2006)
3 ANSWER to Complaint by P H M Corp.(crt,Brown, A) (Entered: 10/31/2006)
4 CIVIL CASE MANAGEMENT ORDER for cases assigned to Judge Robert G James sent to pending counsel of record. (crt,Brown, A) (Entered: 10/31/2006)
5 PLAINTIFF'S CONSENT MOTION to Substitute Trial Attorney N Eleanor Graham in place of Lillian M Thornton by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(crt,Dunford, T) (Entered: 11/21/2006)
6 SUMMONS Returned Executed by Equal Employment Opportunity Commission. P H M Corp served on 10/10/2006, answer due 10/30/2006. (crt,Brown, A) (Entered: 11/21/2006)
ELECTRONIC ORDER granting 5 Motion to Substitute Attorney. Added attorney N Eleanor Graham for Equal Employment Opportunity Commission. Attorney Lillian M Thornton terminated. Signed by Judge Karen L Hayes on 11/22/06. (jud,Hayes, Karen) (Entered: 11/22/2006)
7 MOTION to Amend 1 Complaint with consent by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order ; # 2 Proposed pleading)(crt,Yocum, M) (Entered: 12/21/2006)
ELECTRONIC ORDER GRANTING 7 Motion to Amend/Correct complaint. Signed by Judge Karen L Hayes on 12/22/06. (jud,Hayes, Karen) (Entered: 12/22/2006)
8 AMENDED COMPLAINT against West Monroe Guest House Inc, Woodlawn Manor Inc and P H M Corp with Jury Demand filed by Equal Employment Opportunity Commission.(crt,Yocum, M) (Entered: 12/22/2006)

2 of 4

6/5/2007 12:42 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?974867125005828-L_9...

01/18/2007 01/19/2007 01/25/2007 02/01/2007
02/05/2007 02/06/2007 02/07/2007
02/14/2007 02/22/2007
03/01/2007 03/02/2007

9 ANSWER to Amended Complaint by West Monroe Guest House Inc, Woodlawn Manor Inc, P H M Corp.(crt,Berry, D) (Entered: 01/19/2007)
10 NOTICE of Corporate Disclosure Statement Requirement sent to S Price Barker on behalf of West Monroe Guest House Inc, Woodlawn Manor Inc, P H M Corp (crt,Berry, D) (Entered: 01/19/2007)
11 LETTER from EEOC to Clerk of Court regarding regarding discontinuation of notice. (crt,Brown, A) (Entered: 01/25/2007)
12 ORDER TO SHOW CAUSE: Parties are to show cause in writing within ten (10) business days of the date of this Order why they should not be sanctioned for failing to comply with this Court's Civil Case Management Order. Counsel may not submit a Case Management Report in lieu of responding to this order. Signed by Judge Robert G James on 2/1/07. (crt,Dickerson, D) (Entered: 02/01/2007)
13 RESPONSE TO ORDER TO SHOW CAUSE by Equal Employment Opportunity Commission. (crt,Yocum, M) (Entered: 02/05/2007)
14 RESPONSE TO ORDER TO SHOW CAUSE by West Monroe Guest House Inc, Woodlawn Manor Inc, P H M Corp. (Attachments: # 1 Exhibits)(crt,Brown, A) (Entered: 02/07/2007)
15 MINUTE ENTRY: re 12 Order to Show Cause. The Court, having reviewed the responses submitted by counsel, will not order sanctions. The parties are required to file the Rule 26(f) Report no later than Friday, February 16, 2007, by 5:00 P.M. Compliance Deadline set for 2/26/2007. Signed by Judge Robert G James on 2/7/07. (crt,Dickerson, D) (Entered: 02/07/2007)
16 RULE 26(f) Case Management Report. (crt,Brown, A) (Entered: 02/14/2007)
17 SCHEDULING ORDER: Jury Trial set for 11/13/2007 at 9:00 AM in Monroe, 2nd floor before Judge Robert G James. Pretrial Conference set for 10/18/2007 at 11:00 AM in Monroe, 3rd floor before Magistrate Judge Karen L Hayes. Pretrial Order due by 10/15/2007. Joinder of Parties and Amendment of Pleadings due by 4/6/2007. Plaintiffs Witness List due by 5/7/2007. Defendants Witness List due by 5/16/2007. Plaintiffs Expert Info/Reports due by 6/5/2007. Defendants Expert Info/Reports due by 7/5/2007. Discovery due by 6/5/2007. Discovery II due by 7/5/2007. Dispositive Motions due by 7/20/2007. Expert Depositions due by 8/29/2007. Conference/Meeting of counsel to prepare pretrial order to be held by 9/25/2007. Motions in Limine due by 9/28/2007. Trial Brief/Pretrial Submissions due by 11/5/2007. Signed by Judge Karen L Hayes on 2/22/07. (crt,Dickerson, D) (Entered: 02/22/2007)
18 MOTION to Continue Trial Date with consent and MOTION for Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Text of proposed order)(crt,Yocum, M) (Entered: 03/01/2007)
19 ORDER granting 18 Motion to Continue Trial Date and denying 18 Motion for Conference. The Court will not set a conference to select a trial date. Rather, the trial is hereby RESET for the Court's civil jury trial date of January 14, 2008 at 9:00 a.m. and the pretrial conference is RESET for December 13, 2007 at 1:30 p.m. The Clerk of Court is instructed to issue a new Scheduling Order as soon as possible. Signed by Judge Robert G James on 03/02/07. (crt,Yocum, M)

3 of 4

6/5/2007 12:42 PM

CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?974867125005828-L_9...

03/02/2007 03/05/2007
03/14/2007 04/18/2007 04/18/2007 04/18/2007

(Entered: 03/02/2007)
Set/Reset Scheduling Order Deadlines: Jury Trial set for 1/14/2008 09:00 AM in Monroe, 2nd floor before Judge Robert G James. Pretrial Conference set for 12/13/2007 01:30 PM before Magistrate Judge Karen L Hayes. (crt,Yocum, M) (Entered: 03/02/2007)
20 SCHEDULING ORDER: Jury Trial set for 1/14/2008 at 9:00 AM in Monroe, 2nd floor before Judge Robert G James. Pretrial Conference set for 12/13/2007 at 1:30 PM in Monroe, 3rd floor before Magistrate Judge Karen L Hayes. Pretrial Order due by 12/10/2007. Joinder of Parties and Amendment of Pleadings due by 6/1/2007. Plaintiffs Witness List due by 7/2/2007. Defendants Witness List due by 7/11/2007. Plaintiffs Expert Info/Reports due by 7/31/2007. Defendants Expert Info/Reports due by 8/30/2007. Discovery due by 7/31/2007. Discovery II due by 8/30/2007. Dispositive Motions due by 9/14/2007. Expert Depositions due by 10/24/2007. Conference/Meeting of counsel to prepare pretrial order to be held by 11/20/2007. Motions in Limine due by 11/23/2007. Trial Brief/Pretrial Submissions due by 1/4/2008. Signed by Judge Robert G James on 3/5/07. (crt,Dickerson, D) (Entered: 03/05/2007)
21 CORPORATE DISCLOSURE STATEMENT by West Monroe Guest House Inc, P H M Corp. (crt,Brown, A) (Entered: 03/15/2007)
22 JOINT MOTION to Approve and Enter Consent Decree and JOINT MOTION to Dismiss by Equal Employment Opportunity Commission, West Monroe Guest House Inc, Woodlawn Manor Inc and P H M Corp. (Attachments: # 1 Text of proposed order ; # 2 Proposed Consent Decree)(crt,Yocum, M) (Entered: 04/18/2007)
23 JUDGMENT granting 22 Joint Motion to Approve & Enter Consent Decree AND granting 22 Joint/Voluntary Motion to Dismiss with prejudice and each party to bear its own costs and attorneys' fees . Signed by Judge Robert G James on 4/18/07. (crt,Dickerson, D) (Entered: 04/19/2007)
24 CONSENT DECREE. Signed by Judge Robert G James on 4/18/07. (crt,Dickerson, D) (Entered: 04/19/2007)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

06/05/2007 12:45:16

hs0328 Client Code: eeoc

Docket Report

Search Criteria:

3:06-cv-01624-RGJ-KLH

3

Cost:

0.24

4 of 4

6/5/2007 12:42 PM