IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

)

Plaintiff,

)

)

)

v.

)

)

)

BRITTHAVEN, INC. d/b/a

)

BRITTHAVEN OF HENDERSON and )

PRINCIPLE LONG TERM CARE, INC. )

d/b/a KERR LAKE NURSING &

)

REHABILITATION CENTER,

)

)

Defendant.

)

)

)

CIVIL ACTION NO. 5:12-CV-818 COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990, as

amended (the “ADA”), and Title I of the Civil Rights Act of 1991, to correct unlawful

employment practices on the basis of disability and to provide appropriate relief to Nicky

Thomas (“Thomas”), who was adversely affected by such practices. The Equal Employment

Opportunity Commission (the “Commission”) alleges that Britthaven, Inc. d/b/a Britthaven of

Henderson and Principle Long Term Care, Inc. d/b/a Kerr Lake Nursing and Rehabilitation

Center (“Defendants”) failed to provide Thomas with a reasonable accommodation for her

disability and subsequently terminated her from her position as a Cook because of her disability,

in violation of the ADA.

Case 5:12-cv-00818-BR Document 1 Filed 12/27/12 Page 1 of 8

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina, Western Division.
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 I of the ADA and is expressly authorized to bring this action by Section 107(a) and Section 503(c) of the ADA, 42 U.S.C. § 12117(a) and § 12203(c), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Britthaven, Inc., a North Carolina corporation, has continuously been doing business in the State of North Carolina and the City of Henderson, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Britthaven, Inc. has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporate by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
2
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6. At all relevant times, Defendant Britthaven, Inc. has been a covered entity within the meaning of Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
7. At all relevant times, Defendant Principle Long Term Care, Inc., a North Carolina corporation, has continuously been doing business in the State of North Carolina and the City of Henderson, and has continuously had at least 15 employees.
8. At all relevant times, Defendant Principle Long Term Care, Inc. has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporate by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
9. At all relevant times, Defendant Principle Long Term Care, Inc. has been a covered entity within the meaning of Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
10. Defendant Britthaven, Inc. operated a nursing and rehabilitation center in Henderson, N.C. (hereafter the “facility”) under the name “Britthaven of Henderson.” Defendant Britthaven, Inc. operated the facility until at least December 2010.
11. Sometime in or before December 2010, Defendant Britthaven, Inc. transferred operation of the facility to Defendant Principle Long Term, Inc. Defendant Principle Long Term, Inc. has operated the facility under the name of “Kerr Lake Nursing and Rehabilitation Center” since that time.
STATEMENT OF CLAIMS 12. More than thirty days prior to the institution of this lawsuit, Thomas filed a charge with the Commission alleging violations of Title I of the ADA by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
3
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13. Since around November 2010, Defendants have engaged in unlawful employment practices at the facility in violation of Section 102 of the ADA, 42 U.S.C. § 12112(a) and (b), as follows:
(a) Nicky Thomas (“Thomas”) was employed at the facility as a full-time Cook beginning on September 25, 2009. Thomas usually worked second shift and her primary responsibility was the preparation of food for the evening meal at the facility. Thomas was also responsible for serving food to the residents and for cleaning the kitchen after the evening service. (b) At all relevant times, Thomas was qualified to perform the essential functions of her job as a Cook. Thomas performed successfully in her position. Prior to her discharge, Thomas had been performing the job successfully for over a year. (c) Thomas has a disability. In or around February 2010, Thomas was diagnosed with cancer of her breast. Cancer is a physical impairment that substantially limits the major life activity of normal cell growth. (d) After receiving the breast cancer diagnosis, Thomas immediately informed her supervisor, Defendants’ Dietary Supervisor, of her diagnosis and about her treatment plan. Thomas also told the facility administrator that she had been diagnosed with breast cancer and discussed treatment options with the facility administrator. Defendants were therefore aware of Thomas’ disability. (e) Thomas received chemotherapy treatments for her cancer until around lateSeptember or early-October 2010. In October 2010, Thomas had breast surgery related to her cancer. On or about October 27, 2010, Thomas provided her supervisor with a doctor’s note indicating that Thomas needed four to six weeks of leave for surgery related
4
Case 5:12-cv-00818-BR Document 1 Filed 12/27/12 Page 4 of 8

to her cancer and for recovery from that surgery. Thomas also informed her supervisor of her post-operative appointment scheduled for November 10, 2010. Thomas’ supervisor approved the medical leave and told Thomas to provide an updated doctor’s note after her November 10, 2010, post-operative appointment. (f) On or around November 10, 2010, Thomas provided her supervisor with a doctor’s note from her post-operative appointment. The note indicated that Thomas needed to take additional leave until December 10, 2010 due to her medical condition. Thomas’ supervisor responded that she would be glad to have Thomas return to work in December 2010. Based on this conversation, Thomas understood that Defendants had approved her medical leave until December 10, 2010. (g) On or about November 29, 2010, Thomas received a call from an employee of Defendants who indicated that Thomas was going to be fired due to not reporting to work. In response to that call, Thomas went to Defendants’ facility and met with the facility administrator. Although Thomas informed the facility administrator that she had a doctor’s note excusing her from work until December 10, 2010, and despite the fact that the facility administrator had already received a copy of said note from Thomas’ supervisor and received a second copy from Thomas during their meeting, Defendants refused to allow Thomas to take leave until December 10, 2010. Instead, the facility administrator told Thomas that she could resign. When Thomas refused to resign, the facility administrator terminated Thomas’ employment. 14. At all relevant times, Thomas was a qualified individual with a disability within the meaning of the ADA. Defendants failed to provide Thomas with a reasonable
5
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accommodation for her disability when they refused to grant her leave until December 10, 2010, and Defendants ultimately discharged Thomas because of her disability.
15. The effect of the practices complained of in paragraph 13 above has been to deprive Thomas of equal employment opportunities and otherwise adversely affect her employment status because of her disability.
16. The unlawful employment practices complained of in paragraph 13 above were intentional.
17. The unlawful employment practices complained of in paragraph 13 above were done with malice or with reckless indifference to the federally protected rights of Thomas.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from discriminating against individuals because their disabilities, including discrimination in hiring, firing, and any other employment practice which discriminates on the basis of disability. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for disabled persons, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendants to make Thomas whole by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement or front pay in lieu thereof.
6
Case 5:12-cv-00818-BR Document 1 Filed 12/27/12 Page 6 of 8

D. Order Defendants to make Thomas whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 13 above, in amounts to be determined at trial.
E. Order Defendants to make Thomas whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph 13 above, including emotional pain, suffering, inconvenience, humiliation, loss of enjoyment of life, loss of civil rights, and other non-pecuniary losses, in amounts to be determined at trial.
F. Order Defendants to pay Thomas punitive damages for its malicious and reckless conduct described in paragraph 13 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. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. DATED this the 27th day of December, 2013. Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION P. DAVID LOPEZ General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel 7
Case 5:12-cv-00818-BR Document 1 Filed 12/27/12 Page 7 of 8

Equal Employment Opportunity Commission 131 M Street, NE Washington, DC 20507
/s/ Lynette A. Barnes LYNETTE A. BARNES Regional Attorney
TINA BURNSIDE Supervisory Trial Attorney Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202 /s/ Zoë G. Mahood ZOË G. MAHOOD NC Bar No. 21722 Senior Trial Attorney Raleigh Area Office 434 Fayetteville Street, Suite 700 Raleigh, NC 27601 Phone: (919) 856-4180 Fax: (919) 856-4156 zoe.mahood@eeoc.gov ATTORNEYS FOR PLAINTIFF
8
Case 5:12-cv-00818-BR Document 1 Filed 12/27/12 Page 8 of 8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION CIVIL ACTION NO. 1:12-CV-818

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

BRITTHAVEN, INC. d/b/a

)

BRITTHAVEN OF HENDERSON

)

and PRINCIPLE LONG TERM

)

CARE, INC. d/b/a KERR LAKE

)

NURSING & REHABILITATION

)

CENTER,

)

)

Defendant.

)

)

JOINT MOTION FOR ENTRY OF CONSENT PROTECTIVEORDER

Plaintiff Equal Employment Opportunity Commission and Defendants Britthaven, Inc. and Principle Long Term Care, Inc., by counsel, move the Court to enter a Consent Protective Order in this action. The Consent Protective Order has been agreed upon by the parties and is subm itted herewith. The unders igned certifies that she has communicated with counsel for Defendant, and th at counsel consents to the filing of this motion.

This the 22nd day of May, 2013.

Respectfully Submitted, P. DAVID LOPEZ

Case 5:12-cv-00818-BR Document 18 Filed 05/22/13 Page 1 of 3

ATTORNEYS

General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
LYNETTE A. BARNES Regional Attorney
TINA BURNSIDE Supervisory Trial Attorney
/s/ Zoë G. Mahood ZOË G. MAHOOD Senior Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608 (919) 856-4080 Zoe.Mahood@eeoc.gov
FOR THE PLAINTIFF

2 Case 5:12-cv-00818-BR Document 18 Filed 05/22/13 Page 2 of 3

CERTIFICATE OF SERVICE

I hereby certify that on May 22, 2013, I elec tronically filed the foregoing Motion for Entry of Joint Consent Protective Order with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following:

Gregory Raleigh,

P. McGuire Margaret S. Scholz 4208 Six Forks Road, Suite 1100
N.C. 27609

Respectfully submitted,
/s/ Zoë G. Mahood EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1309 Annapolis Drive Raleigh, North Carolina 27608 Telephone: (919) 856-4080 Facsimile: (919) 856-4156 E-mail: Zoe.Mahood@eeoc.gov

3 Case 5:12-cv-00818-BR Document 18 Filed 05/22/13 Page 3 of 3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

NO. 5:12-CV-818-BR

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BRITTHAVEN, INC. d/b/a

)

BRITTHAVEN OF HENDERSON and )

PRINCIPLE LONG TERM CARE, INC. )

d/b/a KERR LAKE NURSING &

)

REHABILITATION CENTER,

)

)

Defendants.

)

_______________________________ )

O R D E R

This cause comes before the Court upon the parties= joint motion for the entry of a

protective order. (D E-18). The Court has reviewed the proposed consent protective

order submitted by the parties and finds it to be reasonable. Accordingly, the parties’

motion is GRANTED and the Court hereby adopts the parties= proposed stipulated

protective order (DE-18-1) as its own.

DONE AND ORDERED in Chambers at Raleigh, North Carolina on Thursday, May 23, 2013.

____________________________________ WILLIAM A. WEBB UNITED STATES MAGISTRATE JUDGE

Case 5:12-cv-00818-BR Document 19 Filed 05/23/13 Page 1 of 1

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION CIVIL ACTION NO: 5:12-CV-818

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

BRITTHAVEN, INC. d/b/a

)

BRITTHAVEN OF HENDERSON and )

PRINCIPLE LONG TERM CARE, INC. )

d/b/a KERR LAKE NURSING &

)

REHABILITATION CENTER,

)

)

Defendant.

)

)

)

)

)

CONSENT DECREE

The Equal Em ployment Opportunity Comm ission (the “Comm ission”) instituted this action pursuant to Section 107(a) of the Am ericans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. Section 12117(a), which inco rporates by reference Section706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as am ended, 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. The Comm ission’s complaint alleged that Defendants, Britthaven, Inc. d/b/a Britthaven of Henderson and Principle Long Term Care, Inc. d/b/a Kerr Lake Nursing and Rehabilitation Center, failed to provide Nicky Thom as with a reaso nable accommodation for her disability and s ubsequently terminated her from her position as a Cook because of her disability, in violation of the ADA. The Comm ission and the Defendants, Britthaven, Inc. d/b/a Britthaven of Henderson and Principle Long Term Care, Inc.

Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 1 of 10

d/b/a Kerr Lake Nursing and Rehabilitation Center (the “Defendant”), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject m atter of this action is properly before the Court.
The parties have adv ised this Court th at they desire to resolve the alleg ations in the Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction o ver the parties and the subject m atter of this action; (2) the purpose and provisions of the ADA will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discrim inate against any person on the basis of disability within the meaning of the ADA, including failing to provide a reasonable accommodation. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under the ADA or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute. 3. Defendant shall pay Nicky Thom as the sum of Fift y-Thousand Dollars ($50,000.00) in settlement of the claims raised in this action. Defendant shall m ake payment by issuing a check payable to Nicky Thom as. Payment shall be made within fifteen (15) days afte r the Court approves this Consent Decree, and Defendant shall mail the check to Nicky Thomas at an address provided by the Comm ission. W ithin ten (10) days after the check has been sent, Defendant shall send to the Commis sion, a copy of the check and proof of its delivery to Nicky
2
Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 2 of 10

Thomas.

4. Within ten (10) days of the entry of this decree by the Court, Defendant shall

eliminate from the em ployment records of Nicky Thom as any and all docum ents, entries, or

references of any kind relating to the facts and circum stances which led to the filing of EEO C

Charge Number 433-2011-00590 and the related events that occurred thereafter, including this

litigation. In addition, within ten (10) days of the entry of this decree by the Court, Defendant

shall eliminate all reference to Thom as’ termination from its personnel records. W ithin fifteen

(15) days of the entry of this decree by the Cour t, Defendant shall report compliance with this

provision to the Commission.

5. Defendant shall provide Nicky Thomas with a positive letter of reference using

the form attached hereto as Exhibit A. Within ten (10) days of the entry of this Consent Decree

by the Court, the original, signed letter of reference shall be provided to Nicky Thomas at an

address provided by the Commission. Nicky Thomas is free to disseminate the letter to potential

employers. Defendant agrees that if it receives any inquiry about Nicky Thomas from a potential

employer, it will provide only the information set forth in the letter of reference in response.

6. W ithin ninety (90) days of the entry of this decree by the Court, Defendant shall

revise its written anti-discrim ination policy to in clude the following: (a) an explanation of the

requirements of the federal equal employ ment opportunity laws, including the ADA and the

requirement that employers provide employees or applicants with a reasonable accomm odation

unless such accommodation would constitute an undue hardship; (b) a procedure for requesting a

reasonable accommodation, including the identification of a person or persons to whom a request

for reasonable accommodation should be m ade, under the ADA; and (c) an explanation of the

employer’s obligation to engage in the interactive process when an em 3

ployee requests a

Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 3 of 10

reasonable accommodation under the ADA. Defendant will distribute a copy of the revised policy to all of its facilities as an upd ate to its Policy Manual. Defendant shall distribute directly to each current employee at its Kerr Lake facility a copy of the policy within the aforem entioned ninety (90) day tim e period. W ithin one hundred (100) days of the entry of this decree, Defendant shall report com pliance to the C ommission. During the term of this Decree, Defendant shall distribute the policy to all new employees at its Kerr Lake facility and review it with them at the time of hire.
7. During the term of this decree, Defendant shall post a copy of the policy described in paragraph 6, supra, in its Kerr L ake facility in a place where it is visible to employees. If the policy becom es defaced or unreadab le, Defendant shall rep lace it by postin g another copy of the policy. W ithin one hundred (100) days after the Consent Decree is entered, Defendant will post the policy and notify the Commission that it has been posted.
8. During the term of this Decree, Defendant shall provide an annual training program to all of its m anagers, supervisors, em ployees and anyone involved in the reasonable accommodation process at its Kerr Lake facility. Each train ing program shall include an explanation of the requirem ents of the ADA and its prohibition against discrim ination based on disability and reasonab le accommodation requirem ent absent undue hardship. E ach training program shall also include an explanation of Defendant’s policy referenced in paragraph 6 above, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be com pleted within six (6) m onths after entry of the decree by the Court. Each subsequent training program shall be conducted at approxim ately one-year intervals. At least fifteen (15) days prior to each program , Defendant shall provide the
4
Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 4 of 10

Commission with an agenda for the training program . Within ten (10) d ays after completion of

each training program, Defendant shall certify to the Commission the specific training which was

undertaken and shall provide the Commission with a roster of all employees in attendance.

9. Beginning within thirty (30) days after the entry of th is Decree by the Court, and

continuing throughout the term of this Decree, Defendant shall conspicuously post the attached

Employee Notice, marked Exhibit B, hereby made a part of this Decree, in a place where it is

visible to employees at its Kerr Lake facility. If the Noti ce becomes defaced or unreadab le,

Defendant shall replace it by posting another copy of the Notice. W ithin forty-five (45) days

after entry of this Decree, Defendant shall notify the Commission that the Notice has been posted

pursuant to this provision.

10. During the term of this Consent Decree, Defendant shall provide the C ommission

with reports at six (6) month intervals, with the first being due four (4 ) months after approval by

the Court of this Decree. The reports will include the following information:

A. the identities of all app licants or employees at Defendant’s Kerr Lake

Facility who at any tim e during the reporting period requested an

accommodation for a physical or m ental impairment, including by way of

identification each person’s ass igned employee number, date of

accommodation request, accommodation requested, whether the request

was granted, and what, if any, accommodation was provided to th

e

individual;

B. for each individual identified in 10.A. above, who was not provided with an accommodation, p rovide a detailed explanation as to wh y the requ est was not granted and identify the individual(s) involved in the decision regarding the accommodation request;

C. for each individual identified in 10.B. above, explain whether the individual’s employment status has changed in any resp ect (for example, including but not lim ited to, termination, firing, demotion, promotion, or to part-time from full-time) at any tim e since the individual’s request f or an accommodation; and

5

Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 5 of 10

D. for each individual whose employment status has changed as identified in 10.C. above, a detailed statem ent explaining why the individual’s employment status has changed and the identity of all pe rsons involved in the decision to change said employment status.

In the event there is no activity to report pursuant to this paragraph, Defendant shall send

the Commission a “negative” report indicating no activity.

11. The Commission may review com pliance with this Decree. As part of such

review, the Comm ission may inspect Defendant’s facilities, interview employees and exam ine

and copy documents.

12. If anytime during the term of this Decree, the Comm ission believes that

Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation

to Defendant. Defendant shall have ten (10) days in which to investigate and respond to the

allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional

period as m ay be agreed upon by them , in which to engage in negotiation regarding such

allegations before the Commission exercises any remedy provided by law.

13. The term of this Decree shall be for two (2) years from its entry by the Court.

14. All reports or other docum ents sent to the Commission by Defendant pursuant to

this Consent Decree shall be sent by electron

ic mail to: (1) EEOC-CTDO-decree-

monitoring@eeoc.gov; or (2) if by regular mail to - Lynette A. Barnes, Regional Attorney, Equal

Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202.

15. Each party shall bear its own costs and attorney’s fees.

16. This Court shall retain jurisdiction of this cause for purposes of monitoring

compliance with this Decree and entry of such further orders as may be necessary or appropriate.

6

Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 6 of 10

IT IS SO ORDERED.

__1_/__9_/_2_0_1__4_____________

Date

Judge,

_____________________________

Senior

U.S. District Court

7 Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 7 of 10

The parties jointly request that the Court approve and enter the Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff
P. DAVID LOPEZ General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Lynette A. Barnes LYNETTE A. BARNES Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202
/s/ Zoë G. Mahood ZOË G. MAHOOD N.C. Bar No.21722 Senior Trial Attorney Raleigh Area Office 1309 Annapolis Drive Raleigh, NC 27608 Phone: (919) 856.4080 Fax: (919) 856.4156 Zoe.Mahood@eeoc.gov
Attorneys for Plaintiff

BRITTHAVEN, INC. d/b/a BRITTHAVEN OF HENDERSON and PRINCIPLE LONG TERM CARE, INC. d/b/a KERR LAKE NURSING &
REHABILITATION CENTER, Defendants
/s/ Gregory P. McGuire Gregory P. McGuire N.C. Bar No. 14237 Margaret S. Scholz N.C. Bar No. 44777 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 4208 Six Forks Road, Suite 1100 Raleigh, N.C. 27609 Phone: (919) 787-9700 Fax: (919) 783.9412 Greg.McGuire@ogletreedeakins.com
Attorneys for Defendant

8 Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 8 of 10

[Defendant=s letterhead] [Date]

EXHIBIT A

TO WHOM IT MAY CONCERN:
We are pleased to provide the following reference on behalf of our former employee, Nicky Thomas.
Ms. Thomas was employed by Britthaven, Inc. d/b/a Britthaven of Henderson from September 25, 2009 through December 1, 2010. During her tenure with us, Ms. Thomas held the position of cook and dietary aide. Her ending salary was $8.00 per hour.
Ms. Thomas was an honest and reliable employee who possesses excellent skills. Indeed, we valued Ms. Thomas’ services to our company.
We hope that this information about Ms. Thomas is helpful to you in considering her for employment.
Sincerely,

[Typed name of company president] Vice President, Britthaven, Inc.

Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 9 of 10

EXHIBIT B
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION CIVIL ACTION NO: 5:12-CV-818

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BRITTHAVEN, INC. d/b/a

)

BRITTHAVEN OF HENDERSON and PRINCIPLE LONG TERM CARE, INC. )

d/b/a KERR LAKE NURSING & REHABILITATION CENTER,

)

)

Defendant.

)

)

NOTICE

1.

This Notice is posted pursuant to a se ttlement between the U.S. Equa l Employment Opportunity Commission and

Britthaven, Inc. d/b/a Britthaven of Henderson and P rinciple Long Term Care, Inc. d/b/a Kerr Lake Nursing and

Rehabilitation Center (“Defendants”) in a case of discrimination based on disability. Specifically, the EEOC alleged

that Defendants discriminated against a former employee in refusing to ac commodate her physical impairment and

discharging her because of her disability in violation of the Americans with Disabilities Act (“ADA”). As part of the

settlement, Defendants agreed to pay monetary damages to the former employee and to take other action set out in the

Consent Decree resolving this matter.

2.

Federal law requires that employers not discriminate against any employee or applicant for employment because of the

individual’s race, color, religion, sex, national origin, age (40 or older) or disability. The Am ericans with Disabilities

Act specifically prohibits religious discrimination.

3.

Defendants will com ply with such federal law in all re spects. Furtherm ore, Defendants will not take a ny actions

against employees because they have e xercised their rights, report ed an al leged violation under the l aw or give n

testimony, assistance or p articipation in any investigation, proceeding or he aring conducted by the U. S. Equa l

Employment Opportunity Commission.

An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:

Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820

This Notice will remain posted for at least five (5) years by agreement with the U.S. Equal Employment Opportunity Commission.

DO NOT REMOVE THIS NOTICE UNTIL: ____________________________, 2015.

10

Case 5:12-cv-00818-BR Document 32 Filed 01/09/14 Page 10 of 10

 
 Case: 5:12-cv-00818-BR As of: 03/12/2014 07:24 PM EDT 1 of 4
CLOSED,Jury Trial,STAYED,USMJ_Webb
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:12−cv−00818−BR

Equal Employment Opportunity Commission v. Britthaven, Inc. et al Assigned to: Senior Judge W. Earl Britt Cause: 42:12101 The Americans with Disabilities Act of 1990
Plaintiff

Date Filed: 12/27/2012 Date Terminated: 01/09/2014 Jury Demand: Plaintiff Nature of Suit: 445 Civil Rights: Americans with Disabilities − Employment Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Zoe G. Mahood Equal Employment Opportunity Commission 434 Fayetteville St., Suite 400 Raleigh, NC 27601 919−856−4080 Fax: 919−856−4156 Email: zoe.mahood@EEOC.gov ATTORNEY TO BE NOTICED

V. Defendant Britthaven, Inc. doing business as Britthaven of Henderson
Defendant Principle Long Term Care, Inc. doing business as Kerr Lake Nursing &Rehabilitation Center

represented by Gregory P. McGuire Ogletree Deakins Nash Smoak &Stewart, P.C. 4208 Six Forks Rd. Suite 1100 P. O. Box 31608 Raleigh, NC 27609 919−787−9700 Fax: 919−783−9412 Email: greg.mcguire@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret Scholz Shipley Ogletree, Deakins, Nash, Smoak &Stewart, P.C. 4208 Six Forks Rd. Suite 1100 Raleigh, NC 27609 919−781−3241 Fax: 919−783−9412 Email: meg.scholz@odnss.com ATTORNEY TO BE NOTICED
represented by Gregory P. McGuire (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret Scholz Shipley (See above for address) ATTORNEY TO BE NOTICED

Case: 5:12-cv-00818-BR As of: 03/12/2014 07:24 PM EDT 2 of 4

Date Filed 12/27/2012 12/27/2012 12/27/2012 12/27/2012 12/27/2012 01/29/2013 02/08/2013 02/25/2013 02/25/2013 02/26/2013
02/26/2013 02/27/2013 03/04/2013 03/05/2013 03/05/2013 03/08/2013 03/11/2013
03/25/2013 03/26/2013

# Docket Text
1 COMPLAINT (service by request for waiver pursuant to F.R.C.P. 4(d)) against All Defendants, filed by U.S. Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 12/27/2012)
2 NOTICE by Equal Employment Opportunity Commission regarding 1 Complaint Civil Cover Sheet. (Mahood, Zoe) (Entered: 12/27/2012)
3 REQUEST FOR WAIVER of Service sent to Britthaven, Inc. on 12/27/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 2/27/2012. (Mahood, Zoe) (Entered: 12/27/2012)
4 REQUEST FOR WAIVER of Service sent to Principle Long Term Care, Inc. on 12/27/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 2/27/2012. (Mahood, Zoe) (Entered: 12/27/2012)
5 NOTICE of Appearance by Zoe G. Mahood on behalf of Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 12/27/2012)
6 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Principle Long Term Care, Inc. waiver sent on 12/27/2012, answer due 2/25/2013. (Mahood, Zoe) (Entered: 01/29/2013)
7 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Britthaven, Inc. waiver sent on 12/27/2012, answer due 2/25/2013. (Mahood, Zoe) (Entered: 02/08/2013)
8 ANSWER to 1 Complaint by Britthaven, Inc., Principle Long Term Care, Inc.. (McGuire, Gregory) (Entered: 02/25/2013)
9 NOTICE of Appearance by Gregory P. McGuire on behalf of All Defendants (McGuire, Gregory) (Entered: 02/25/2013)
NOTICE TO COUNSEL − Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerks office and on the courts website. (Marsh, K) (Entered: 02/26/2013)
10 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 2/26/2013. (Marsh, K) (Entered: 02/26/2013)
11 NOTICE of Appearance by Margaret Susannah Scholz on behalf of All Defendants (Scholz, Margaret) (Entered: 02/27/2013)
12 FINANCIAL DISCLOSURE STATEMENT by Equal Employment Opportunity Commission (Mahood, Zoe) (Entered: 03/04/2013)
13 FINANCIAL DISCLOSURE STATEMENT by Britthaven, Inc. identifying Corporate Parent Hillco, Ltd. for Britthaven, Inc. (McGuire, Gregory) (Entered: 03/05/2013)
14 FINANCIAL DISCLOSURE STATEMENT by Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 03/05/2013)
15 AMENDED ANSWER to 1 Complaint by Britthaven, Inc., Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 03/08/2013)
NOTICE TO COUNSEL regarding 15 Amended Answer. Incomplete signature block − email address omitted. Counsel is referred to Section J of the Courts' Electronic Policy and Procedure for guidance. All future signature blocks must contain counsel's email address. (Heath, D.) (Entered: 03/11/2013)
16 Rule 26(f) Report (joint) by Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 03/25/2013)
17 SCHEDULING ORDER as to all parties: Discovery due by 8/31/2013. Motions due by 10/1/2013. Signed by Magistrate Judge William A. Webb on 3/26/2013.

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03/26/2013
05/22/2013 05/22/2013
05/22/2013 05/23/2013 09/10/2013 09/27/2013 10/01/2013 10/01/2013 10/01/2013 10/18/2013 10/18/2013 10/18/2013 10/18/2013
10/21/2013 10/21/2013

Counsel should read order in its entirety for critical deadlines and information. Copy of scheduling order to Senior US District Judge W. Earl Britt's chambers with request for trial order. (Marsh, K) (Entered: 03/26/2013)
TRIAL MANAGEMENT ORDER (TEXT ONLY): Jury Trial set for 1/6/2014 09:00 AM in Raleigh − 7th Floor − Courtroom 2 before Senior Judge W. Earl Britt. Signed by Senior Judge W. Earl Britt on 3/26/2013. (CHAM, ACP) (Entered: 03/26/2013)
18 Joint MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Mahood, Zoe) (Entered: 05/22/2013)
NOTICE OF DEFICIENCY regarding: 18 Motion for Protective Order. Motion and proposed order reflect incorrect case number. Counsel is reminded for future filings that all documents should reflect the correct case number − 5:12−CV−818−BR. (Marsh, K) (Entered: 05/22/2013)
MOTION REFERRED to US Magistrate Judge William A. Webb: 18 Joint MOTION for Protective Order. (Marsh, K) (Entered: 05/22/2013)
19 ORDER granting 18 Motion for Protective Order. Signed by Magistrate Judge William A. Webb on 5/23/2013. (Marsh, K) (Entered: 05/23/2013)
**** Reset Hearing: At the direction of the Court, Jury Trial reset for 2/3/2013 at 9:00 AM in Raleigh − 7th Floor − Courtroom 2 before Senior Judge W. Earl Britt. (Marsh, K) (Entered: 09/10/2013)
**** AMENDED Reset Hearing: Jury Trial set for 2/3/2014 at 9:00 AM in Raleigh − 7th Floor − Courtroom 2 before Senior Judge W. Earl Britt. (Amended to correct the year) (Marsh, K) (Entered: 09/27/2013)
21 Consent MOTION to Stay due to government shutdown by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Mahood, Zoe) (Entered: 10/01/2013)
MOTION REFERRED to US Magistrate Judge William A. Webb: 21 Consent MOTION to Stay due to government shutdown.. (Marsh, K) (Entered: 10/01/2013)
22 ORDER granting 21 Motion to Stay. Signed by Magistrate Judge William A. Webb on 10/1/2013. (Marsh, K) (Entered: 10/01/2013)
23 NOTICE by Equal Employment Opportunity Commission regarding 22 Order on Motion to Stay Notification of Restoration of Funding and Extended Deadlines (Mahood, Zoe) (Entered: 10/18/2013)
24 MOTION for Extension of Time to File Dispositive Motions by Britthaven, Inc., Principle Long Term Care, Inc.. (Attachments: # 1 Text of Proposed Order) (McGuire, Gregory) (Entered: 10/18/2013)
25 MOTION for Summary Judgment by Britthaven, Inc., Principle Long Term Care, Inc.. (McGuire, Gregory) (Entered: 10/18/2013)
26 Memorandum in Support regarding 25 MOTION for Summary Judgment filed by Britthaven, Inc., Principle Long Term Care, Inc.. (Attachments: # 1 Deposition of Nicky Thomas − Part 1, # 2 Deposition of Nicky Thomas − Part 2, # 3 Deposition of Saundra Hutchins − Part 1, # 4 Deposition of Saundra Hutchins − Part 2, # 5 Deposition of Saundra Hutchins − Part 3, # 6 Deposition of Nancy Hughes − Part 1, # 7 Deposition of Nancy Hughes − Part 2, # 8 Deposition of Nancy Hughes − Part 3, # 9 Deposition of Theresa Treadwll, # 10 Selected Deposition Exhibits) (McGuire, Gregory) (Entered: 10/18/2013)
MOTION REFERRED to US Magistrate Judge William A. Webb: 24 MOTION for Extension of Time to File Dispositive Motions. (Marsh, K) (Entered: 10/21/2013)
27 ORDER granting 24 Motion for Extension of Time to File. Signed by Magistrate Judge William A. Webb on 10/21/2013. (Marsh, K) (Entered: 10/21/2013)

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11/12/2013
11/26/2013 11/27/2013 12/06/2013 01/03/2014 01/08/2014 01/09/2014 01/09/2014

28 RESPONSE in Opposition regarding 25 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attachment A − Thomas Declaration, # 2 Exhibit Attachment B − Thomas Deposition, # 3 Exhibit Attachment C − Hutchins Deposition Part 1, # 4 Exhibit Attachment D − Hutchins Deposition Part 2, # 5 Exhibit Attachment E − Hutchins Deposition Part 3, # 6 Exhibit Attachment F − Hutchins Deposition Part 4, # 7 Exhibit Attachment G − Hutchins 10−31−13 Deposition, # 8 Exhibit Attachment H − Exhibit 12, # 9 Exhibit Attachment I − Exhibits Part 1, # 10 Exhibit Attachment J − Exhibits Part 2, # 11 Exhibit Attachment K − Exhibits Part 3, # 12 Exhibit Attachment L − Exhibits Part 4, # 13 Exhibit Attachment M − Treadwell Deposition, # 14 Exhibit Attachment N − Hughes Depostion, # 15 Exhibit Attachment O − Interrogatory Response, # 16 Exhibit Attachment P − RFP Response, # 17 Index Index of Exhibits) (Mahood, Zoe) (Entered: 11/12/2013)
29 REPLY regarding 25 Motion for Summary Judgment filed by Britthaven, Inc. and Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 11/26/2013)
30 REPLY in Support regarding 25 MOTION for Summary Judgment (Corrected) filed by Britthaven, Inc., Principle Long Term Care, Inc. (McGuire, Gregory) Modified on 12/4/2013 to reflect that document is a corrected version of defendant's reply. (Marsh, K) (Entered: 11/27/2013)
Motion Submitted to Senior US District W. Earl Britt: 25 MOTION for Summary Judgment. (Marsh, K) (Entered: 12/06/2013)
Order (TEXT ONLY) Due to the pending motion for summary judgment, trial is CONTINUED to 5/5/2014 09:00 AM in Raleigh − 7th Floor − Courtroom 2 before Senior Judge W. Earl Britt. Signed by Senior Judge W. Earl Britt on 1/3/14. (CHAM, ACP) (Entered: 01/03/2014)
31 Joint MOTION for Settlement Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Consent Decree) (Mahood, Zoe) (Entered: 01/08/2014)
Motion Submitted to Senior US District Judge W. Earl Britt's chambers: 31 Joint MOTION for Settlement Entry of Consent Decree. (Marsh, K) (Entered: 01/09/2014)
32 Consent Decree regarding 31 Joint MOTION for Settlement Entry of Consent Decree filed by Equal Employment Opportunity Commission. Signed by Senior Judge W. Earl Britt on 1/9/2014. (Marsh, K) (Entered: 01/09/2014)