Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 1 of 10

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

----------------------------------------------------------------x

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

v.

:

:

FOUNDERS PAVILION, INC. d/b/a

:

FOUNDERS PAVILION,

:

:

Defendant.

:

---------------------------------------------------------------x

CIVIL ACTION NO.
COMPLAINT AND JURY DEMAND

This is an action under the Genetic Information Nondiscrimination Act of 2008 (“GINA”), the Americans with Disabilities Act of 1990 (“ADA”), Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (collectively “Title VII”) to correct unlawful practices on the basis of genetic information, disability, and pregnancy, and to provide appropriate relief to applicants and employees who were affected by such unlawful practices. As alleged with greater particularity below, Founders Pavilion, Inc. (“Founders”), a nursing home and rehabilitation facility, (1) requires a class of applicants and employees to provide genetic information in response to questions about family medical history, in violation of GINA, (2) terminated two individuals it regarded as disabled, and terminated one disabled individual after failing to provide her a reasonable accommodation during her probationary period, all in violation of the ADA, and (3) refused to hire one woman, withdrew an offer of employment to a second woman, and terminated a third woman because they were pregnant, in violation of Title VII. Defendant also failed to post the poster and file EEO-1 forms required by Equal Employment Opportunity Commission regulations.

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 2 of 10
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) and 707 of Title VII, 42 U.S.C. §§2000e-5(f)(1) and (3) and 42 U.S.C. §2000e-6; Section 207(a) of GINA, and Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporate the aforecited provisions of Title VII. This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Western District of New York.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission (“EEOC” or “the Commission”) is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, GINA, and Title I of the ADA, and is expressly authorized to bring this section by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. §§2000e-5(f)(1) and (3) and (6), which is incorporated by reference into Section 207(a) of GINA, 42 U.S.C. §§2000ff-(6)(a), and Section 107(a) of the ADA, 42 U.S.C. § 12117(a). 4. At all relevant times, Founders has continuously been a non-profit corporation doing business in the State of New York and the County of Steuben, and has continuously employed at least fifteen employees. 5. At all relevant times, Founders has continuously been an employer engaged in an industry affecting commerce under Sections 701(g) and (h) of Title VII, 42 U.S.C. §§2000-e(g) and (h), which is incorporated by reference by Section 101(5) of the ADA, 42 U.S.C. § 12111(5)
2

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 3 of 10
and Section 101(7) of the ADA, 42 U.S.C. §12111(7), as well as Section 201(2)(B)(i) of GINA, 42 U.S.C. §2000ff-2(B)(i).
6. At all relevant times, Founders has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Vicki Randall Hall filed a charge with the Commission alleging violations of GINA, the ADA, and Title VII by Founders. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least November 21, 2009, Founders has engaged in a pattern or practice of employment practices made unlawful by GINA. Specifically, Founders requests family medical history as part of its pre-employment, return-to-work and annual medical exams of its staff in violation of Sections 201(3), 201(4), and 202(b) of GINA, 42 U.S.C. §2000ff(3), §2000ff(4), and §2000ff-1(b). 9. Founders violated Section 102 of the ADA, 42 U.S.C. §12112, by terminating Vicki Randall Hall and Gale Fontenot because it perceived them to be disabled, and terminating Julie Vanderhoff after failing to provide her a reasonable accommodation, as follows: a) On December 8, 2008, Founders hired Vicki Randall Hall as a Certified Nurse Assistant (“CNA”) at Founders. b) On January 26, 2009, Hall told her supervisor that she was going to see a chiropractor later that day for a light back strain. c) That same day Founders suspended Hall from employment. d) That same day Hall’s personal doctor wrote a brief note indicating that Hall was able to work.
3

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 4 of 10
e) On January 29, 2009, Hall saw a doctor at Guthrie Corning Hospital, which is used by Founders to conduct medical exams for its employees. Founders’s doctor told Hall that he would not issue an opinion until he received further information from her personal doctor. f) On February 2, 2009, Hall’s personal doctor wrote a second note clarifying that she had not been treated for any previous back injury and that she was able to work without restrictions. g) On February 2, 2009, Founders fired Hall. In the termination letter sent to Hall, Founders stated that it fired her because of its “concern [about] the risk that may exist both for [her] and the residents of Founders.” h) Founders hired Gale Fontenot as a CNA in May 2010. i) Founders did not give Fontenot a pre-employment physical exam until a few days after she began work. j) In May 2010, Founders sent Fontenot to its doctor at Guthrie Corning Hospital. When Founders’s doctor touched Fontenot’s back, he diagnosed a back injury based on a “heightened startle” response. k) Solely because Founders’s doctor said she had a back injury, Fontenot sought treatment at a local emergency room. Emergency room staff told Fontenot she was not injured and gave her a note to that effect. l) When Fontenot tried to return to work, Founders refused to accept the note from the emergency room and terminated her based on her perceived disability. m) Julie Vanderhoff has a disability for which she requires extra time to learn tasks.
4

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 5 of 10
n) Vanderhoff received additional time when studying for and taking the tests to become a CNA, and is licensed as a CNA. o) Founders hired Vanderhoff as a CNA on or around April 30, 2010. p) Founders refused to accommodate Vanderhoff with additional time to learn her job duties because she was a probationary employee. q) Founders fired Vanderhoff on or around June 8, 2010. 10. Since at least June 2008, Founders has violated Title VII of the Civil Rights of 1964, 42 U.S.C.§2000 et seq., by refusing to hire Caitlin Doolittle, withdrawing an offer of employment to Rebecca Stuart, and terminating Chelsea Cussins, because they were pregnant, as follows: a) Doolittle, a CNA, was six months pregnant when she applied for employment at Founders in or around March 2009. b) Founders met with Doolittle, but did not offer her a position while noting in its applicant flow log that Doolittle was “too pregnant.” c) In June 2008 Founders offered Stuart a CNA position. d) When Stuart went for a pre-employment physical at Guthrie Corning Hospital, Founders’s doctor learned that Stuart had just become pregnant. e) Founders’s doctor indicated that Stuart had a high-risk pregnancy and placed her on a ten-pound lifting restriction. Based on this, Founders withdrew its offer to Stuart. f) Stuart was under the care of her own doctor who indicated that she did not have a high-risk pregnancy and did not have a ten-pound lifting restriction. g) After Stuart gave birth, Founders hired Stuart. h) Founders hired Cussins as a nursing assistant in June 2007.
5

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 6 of 10
i) Founders terminated Cussins in June 2011, shortly before she had an emergency caesarean section. j) Founders rehired Cussins in December 2011. 11. Since at least November 21, 2009, Founders failed, in violation of Section 207(a) of GINA, 42 U.S.C. § 2000ff-6(a), which incorporates by reference Section 711 of Title VII, 42 U.S.C. §2000e-10, to post and keep posted notices that have been prepared or approved by the Commission setting forth excerpts from or summaries of the pertinent provisions of GINA and information pertinent to the filing of a charge or complaint. 12. Since at least March 30, 2007, Founders failed, in violation of Section 709(c) of Title VII, 42 U.S.C. §2000e-8(c) and 29 C.F.R. §1602.12, to create, maintain, and file EEO-1 reports. 13. The effect of the practices complained of in paragraph 8 above has been to deprive a class of individuals of equal employment opportunities and otherwise adversely affect their status as employees because of genetic information. 14. The effect of the practices complained of in paragraph 9 above has been to deprive Vanderhoff, Hall, and Fontenot of equal employment opportunities and otherwise adversely affect their status as employees because of disability. 15. The effect of the practices complained of in paragraph 10 above has been to deprive Doolittle, Stuart, and Cussins of equal employment opportunities and otherwise adversely affect their status as employees because of pregnancy. 16. The effect of the practices complained of in paragraphs 8-10 above has been to inflict emotional pain, suffering, and inconvenience upon a class of employees who provided genetic information to Founders, as well as to Vanderhoff, Hall, Fontenot, Doolittle, Stuart, and
6

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 7 of 10
Cussins. 17. The unlawful employment practices complained of above were intentional. 18. The unlawful employment practices complained of above were done with malice
and reckless disregard for federally protected rights of a class of employees who provided genetic information to Founders, as well as to Vanderhoff, Hall, Fontenot, Doolittle, Stuart, and Cussins.
PRAYER FOR RELIEF Wherefore, EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Founders, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of genetic information. B. Grant a permanent injunction enjoining Founders, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of disability. C. Grant a permanent injunction enjoining Founders, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of pregnancy. D. Order Founders to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals regardless of their genetic information and eradicate the effects of its past and present unlawful employment practices based upon genetic information. E. Order Founders to institute and carry out policies, practices, and programs that
7

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 8 of 10
provide equal employment opportunities for qualified individuals with disabilities and that eradicate the effects of its past and present unlawful employment practices.
F. Order Founders to institute and carry out policies, practices, and programs that provide equal employment opportunities for pregnant women and that eradicate the effects of its past and present unlawful employment practices.
G. Order Founders to make whole persons who provided family medical history by providing appropriate compensatory and punitive relief, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
H. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins 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 front pay and reinstatement.
I. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices complained of above, in amounts to be determined at trial.
J. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including pain and suffering, emotional distress, indignity, inconvenience, loss of enjoyment of life, loss of self- esteem, and humiliation, in amounts to be determined at trial.
K. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins by providing punitive damages for its malicious and reckless conduct, as described above, in an amount to be determined at trial.
8

Case 6:13-cv-06250 Document 1 Filed 05/16/13 Page 9 of 10 L. Order Founders to post and keep posted the notices required by Section 105 of the ADA, 42 U.S.C. § 12115 and 42 U.S.C. § 2000ff-6(a), which incorporates by reference Section 711(a) of Title VII, 42 U.S.C. § 2000e-10(a). M. Order Founders to create, maintain, and file EEO-1 reports required by Section 709(c) of Title VII, 42 U.S.C. §2000e-8(c), Section 207(a) of the ADA, 42 U.S.C. § 2000ff-6(a), which incorporates by reference Section 711 of Title VII, and 29 C.F.R. §1602.12. N. Grant such further relief as the Court deems necessary and proper in the public interest. O. Award the Commission its costs of this action.
9

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Date: May 16, 2013

Respectfully submitted,
P. David Lopez General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M Street, N.E. Washington, D.C. 20507
_s/ Elizabeth Grossman_____________________ Elizabeth Grossman Regional Attorney

__Raechel Adams__________________________ Raechel Adams Supervisory Trial Attorney

__Michael J. O’Brien______________________ Michael J. O’Brien Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 tel: 212-336-3696 fax: 212-336-3623 e-mail: Elizabeth.grossman@eeoc.gov
10

 
 Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 1 of 10

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

----------------------------------------------------------------x

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

v.

:

:

FOUNDERS PAVILION, INC.,

:

:

Defendant.

:

---------------------------------------------------------------x

CIVIL ACTION NO.
13-CV-6250 (CJS)
FIRST AMENDED COMPLAINT AND JURY DEMAND

This is an action under the Genetic Information Nondiscrimination Act of 2008 (“GINA”), the Americans with Disabilities Act of 1990 (“ADA”), Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (collectively “Title VII”) to correct unlawful practices on the basis of genetic information, disability, and pregnancy, and to provide appropriate relief to applicants and employees who were affected by such unlawful practices. As alleged with greater particularity below, Founders Pavilion, Inc. (“Founders”), a nursing home and rehabilitation facility, (1) requires a class of applicants and employees to provide genetic information in response to questions about family medical history, in violation of GINA, (2) terminated two individuals it regarded as disabled, and terminated one disabled individual after failing to provide her a reasonable accommodation during her probationary period, all in violation of the ADA, and (3) refused to hire one woman, withdrew an offer of employment to a second woman, and terminated a third woman because they were pregnant, in violation of Title VII. Defendant also failed to post the poster and file EEO-1 forms required by Equal Employment Opportunity Commission regulations.

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 2 of 10
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) and 707 of Title VII, 42 U.S.C. §§2000e-5(f)(1) and (3) and 42 U.S.C. §2000e-6; Section 207(a) of GINA, and Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporate the aforecited provisions of Title VII. This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Western District of New York.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission (“EEOC” or “the Commission”) is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, GINA, and Title I of the ADA, and is expressly authorized to bring this section by Sections 706(f)(1) and (3) and 707 of Title VII, 42 U.S.C. §§2000e-5(f)(1) and (3) and (6), which is incorporated by reference into Section 207(a) of GINA, 42 U.S.C. §§2000ff-(6)(a), and Section 107(a) of the ADA, 42 U.S.C. § 12117(a). 4. At all relevant times, Founders has continuously been a non-profit corporation doing business in the State of New York and the County of Steuben, and has continuously employed at least fifteen employees. 5. At all relevant times, Founders has continuously been an employer engaged in an industry affecting commerce under Sections 701(g) and (h) of Title VII, 42 U.S.C. §§2000-e(g) and (h), which is incorporated by reference by Section 101(5) of the ADA, 42 U.S.C. § 12111(5)
2

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 3 of 10
and Section 101(7) of the ADA, 42 U.S.C. §12111(7), as well as Section 201(2)(B)(i) of GINA, 42 U.S.C. §2000ff-2(B)(i).
6. At all relevant times, Founders has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Vicki Randall Hall filed a charge with the Commission alleging violations of GINA, the ADA, and Title VII by Founders. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least November 21, 2009, Founders has engaged in a pattern or practice of employment practices made unlawful by GINA. Specifically, Founders requests family medical history as part of its pre-employment, return-to-work and annual medical exams of its staff in violation of Sections 201(3), 201(4), and 202(b) of GINA, 42 U.S.C. §2000ff(3), §2000ff(4), and §2000ff-1(b). 9. Founders violated Section 102 of the ADA, 42 U.S.C. §12112, by terminating Vicki Randall Hall and Gale Fontenot because it perceived them to be disabled, and terminating Julie Vanderhoff after failing to provide her a reasonable accommodation, as follows: a) On December 8, 2008, Founders hired Vicki Randall Hall as a Certified Nurse Assistant (“CNA”) at Founders. b) On January 26, 2009, Hall told her supervisor that she was going to see a chiropractor later that day for a light back strain. c) That same day Founders suspended Hall from employment. d) That same day Hall’s personal doctor wrote a brief note indicating that Hall was able to work.
3

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 4 of 10
e) On January 29, 2009, Hall saw a doctor at Guthrie Corning Hospital, which is used by Founders to conduct medical exams for its employees. Founders’s doctor told Hall that he would not issue an opinion until he received further information from her personal doctor. f) On February 2, 2009, Hall’s personal doctor wrote a second note clarifying that she had not been treated for any previous back injury and that she was able to work without restrictions. g) On February 2, 2009, Founders fired Hall. In the termination letter sent to Hall, Founders stated that it fired her because of its “concern [about] the risk that may exist both for [her] and the residents of Founders.” h) Founders hired Gale Fontenot as a CNA in May 2010. i) Founders did not give Fontenot a pre-employment physical exam until a few days after she began work. j) In May 2010, Founders sent Fontenot to its doctor at Guthrie Corning Hospital. When Founders’s doctor touched Fontenot’s back, he diagnosed a back injury based on a “heightened startle” response. k) Solely because Founders’s doctor said she had a back injury, Fontenot sought treatment at a local emergency room. Emergency room staff told Fontenot she was not injured and gave her a note to that effect. l) When Fontenot tried to return to work, Founders refused to accept the note from the emergency room and terminated her based on her perceived disability. m) Julie Vanderhoff has a disability for which she requires extra time to learn tasks.
4

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 5 of 10
n) Vanderhoff received additional time when studying for and taking the tests to become a CNA, and is licensed as a CNA. o) Founders hired Vanderhoff as a CNA on or around April 30, 2010. p) Founders refused to accommodate Vanderhoff with additional time to learn her job duties because she was a probationary employee. q) Founders fired Vanderhoff on or around June 8, 2010. 10. Since at least June 2008, Founders has violated Title VII of the Civil Rights of 1964, 42 U.S.C.§2000 et seq., by refusing to hire Caitlin Doolittle, withdrawing an offer of employment to Rebecca Stuart, and terminating Chelsea Cussins, because they were pregnant, as follows: a) Doolittle, a CNA, was six months pregnant when she applied for employment at Founders in or around March 2009. b) Founders met with Doolittle, but did not offer her a position while noting in its applicant flow log that Doolittle was “too pregnant.” c) In June 2008 Founders offered Stuart a CNA position. d) When Stuart went for a pre-employment physical at Guthrie Corning Hospital, Founders’s doctor learned that Stuart had just become pregnant. e) Founders’s doctor indicated that Stuart had a high-risk pregnancy and placed her on a ten-pound lifting restriction. Based on this, Founders withdrew its offer to Stuart. f) Stuart was under the care of her own doctor who indicated that she did not have a high-risk pregnancy and did not have a ten-pound lifting restriction. g) After Stuart gave birth, Founders hired Stuart. h) Founders hired Cussins as a nursing assistant in June 2007.
5

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 6 of 10
i) Founders terminated Cussins in June 2011, shortly before she had an emergency caesarean section. j) Founders rehired Cussins in December 2011. 11. Since at least November 21, 2009, Founders failed, in violation of Section 207(a) of GINA, 42 U.S.C. § 2000ff-6(a), which incorporates by reference Section 711 of Title VII, 42 U.S.C. §2000e-10, to post and keep posted notices that have been prepared or approved by the Commission setting forth excerpts from or summaries of the pertinent provisions of GINA and information pertinent to the filing of a charge or complaint. 12. Since at least March 30, 2007, Founders failed, in violation of Section 709(c) of Title VII, 42 U.S.C. §2000e-8(c) and 29 C.F.R. §1602.12, to create, maintain, and file EEO-1 reports. 13. The effect of the practices complained of in paragraph 8 above has been to deprive a class of individuals of equal employment opportunities and otherwise adversely affect their status as employees because of genetic information. 14. The effect of the practices complained of in paragraph 9 above has been to deprive Vanderhoff, Hall, and Fontenot of equal employment opportunities and otherwise adversely affect their status as employees because of disability. 15. The effect of the practices complained of in paragraph 10 above has been to deprive Doolittle, Stuart, and Cussins of equal employment opportunities and otherwise adversely affect their status as employees because of pregnancy. 16. The effect of the practices complained of in paragraphs 8-10 above has been to inflict emotional pain, suffering, and inconvenience upon a class of employees who provided genetic information to Founders, as well as to Vanderhoff, Hall, Fontenot, Doolittle, Stuart, and
6

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 7 of 10
Cussins. 17. The unlawful employment practices complained of above were intentional. 18. The unlawful employment practices complained of above were done with malice
and reckless disregard for federally protected rights of a class of employees who provided genetic information to Founders, as well as to Vanderhoff, Hall, Fontenot, Doolittle, Stuart, and Cussins.
PRAYER FOR RELIEF Wherefore, EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Founders, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of genetic information. B. Grant a permanent injunction enjoining Founders, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of disability. C. Grant a permanent injunction enjoining Founders, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of pregnancy. D. Order Founders to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals regardless of their genetic information and eradicate the effects of its past and present unlawful employment practices based upon genetic information. E. Order Founders to institute and carry out policies, practices, and programs that
7

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 8 of 10
provide equal employment opportunities for qualified individuals with disabilities and that eradicate the effects of its past and present unlawful employment practices.
F. Order Founders to institute and carry out policies, practices, and programs that provide equal employment opportunities for pregnant women and that eradicate the effects of its past and present unlawful employment practices.
G. Order Founders to make whole persons who provided family medical history by providing appropriate compensatory and punitive relief, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
H. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins 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 front pay and reinstatement.
I. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices complained of above, in amounts to be determined at trial.
J. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including pain and suffering, emotional distress, indignity, inconvenience, loss of enjoyment of life, loss of self- esteem, and humiliation, in amounts to be determined at trial.
K. Order Founders to make whole Hall, Fontenot, Vanderhoff, Doolittle, Stuart, and Cussins by providing punitive damages for its malicious and reckless conduct, as described above, in an amount to be determined at trial.
8

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 9 of 10

L. Order Founders to post and keep posted the notices required by Section 105 of the ADA, 42 U.S.C. § 12115 and 42 U.S.C. § 2000ff-6(a), which incorporates by reference Section 711(a) of Title VII, 42 U.S.C. § 2000e-10(a).
M. Order Founders to create, maintain, and file EEO-1 reports required by Section 709(c) of Title VII, 42 U.S.C. §2000e-8(c), Section 207(a) of the ADA, 42 U.S.C. § 2000ff-6(a), which incorporates by reference Section 711 of Title VII, and 29 C.F.R. §1602.12.
N. Grant such further relief as the Court deems necessary and proper in the public interest.
O. 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.

Date: June 17, 2013

Respectfully submitted,
P. David Lopez General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M Street, N.E. Washington, D.C. 20507
_s/ Elizabeth Grossman_____________________ Elizabeth Grossman Regional Attorney

__s/Robert D. Rose__________________________ 9

Case 6:13-cv-06250-CJS Document 5 Filed 06/17/13 Page 10 of 10
Robert D. Rose Supervisory Trial Attorney __Konrad Batog______________________ Konrad Batog Senior Trial Attorney /S/ MICHAEL J. O’BRIEN ____________________________________ Michael J. O’Brien Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 tel: 212-336-3694 fax: 212-336-3623 e-mail: michael.obrien@eeoc.gov
10

 
 Case 6:13-cv-06250-CJS Document 9 Filed 08/16/13 Page 1 of 2

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.
FOUNDERS PAVILION, INC., Defendant.

STIPULATION AND ORDER Case No. 13-CV-6250(CJS)

WHEREAS, defendant Founders Pavilion, Inc.'s ("Founders") answer or other responsive pleading to the Complaint in this action is due on August 16,2013.

WHEREAS, plaintiff Equal Employment Opportunity Commission ("EEOC") and defendant Founders are attempting to negotiate a resolution of this action in the form of a consent decree.

WHEREAS, no scheduling order has yet been issued in this action and neither party has previously requested an extension of time.

IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the plaintiff EEOC and defendant Founders that the time for defendant Founders to answer or otherwise respond to the Complaint in this action be, and the same hereby is, extended until and through October 16, 2013 to allow the parties to continue to attempt to negotiate a settlement of this action.

Dated: August 12, 2013

Dated: August 12, 2013

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

HARRIS BEACH PLLC

By: s/ Konrad Batog
Konrad Batog, Esq. Trial Attorney EEOC -NY District Office 33 Whitehall Street, 5th Floor New York, New York 10004 Tel: (212) 336-3694 Fax: (212) 336-3623
konrad. batog@eeoc.gov

By: s/ Daniel J. Moore Daniel J. Moore, Esq. Attorneysfor Defendant 99 Garnsey Road Pittsford, New York 14534 Tel: (585) 419-8800 Fax: (585)419-88 17 dmoore@harrisbeach.com

Case 6:13-cv-06250-CJS Document 9 Filed 08/16/13 Page 2 of 2 SO ORDERED:
H~~s~=
United States Distnct Judge
Date: fl.o~. lC. , 2013
254599 2066262v1

 
 DEC, 26, 20'C3as2e: 166:P1M3-cv-0E6EO2C5-0N-YCDOJS Document 13 Filed 01/09/14 PagNOe, 0127o5f 21p, 2/ 34

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
____- - - - - - - - . - - - - - - - " '..- - - - - - - - - x
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
,FOUNDERS PAVlLION, INC.,
_____-____________D___e_f_e__n_d__a_n__t_.______________________---------x

13-cv-(hso (CJS)

CONSENT DECREE

PART I

GENERAL PROVISIONS

Section 101 Introduction Plaintiff Equal Employment Opportunity Conunission ("EEOC") and Defendant
Founders Pavilion, Inc, ("Founders") have agreed to resolve this ac~ion by the terms of this

Consent Decree ("Decree") as set forth below,

011 May 16,2013; EEOC brought this action under the Genetic Infonnation

Nondiscrimination Act of2008 (,'GINA"), the Americans with Dis<'j.bilities Act of 1990, as

amended, ("ADA"), and Title VII of the Civil Rights Act of 1964, as amended, (''Title VII") to

correct unlawful employment practices on the basis of genetic infotimation, disability, and

pregnancy and to provide appropriate relief to applicants and employees '~iho were affected by

such unlawfnl practices. As alleged in EEOC's Complaint, Found, s (1) required a class of

applicants and employees to provide genetic infonnation jn respon e to questions about family

medical history, (2) tetminated two individuals it regarded as disab ed and terminated one

individual after it failed to provide her a reasonable accommodatioh during her probationary

period, (3) refused to hire one woman, withdrew an offer of employment to a second w~U1an,

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DEC. 26. 201C3as2e·" 16'/:,P1lf,At3l -cv-0E6EO2C5-0N-YCDOJS Document 13 Filed 01/09/14 PagNOe. 0227o5f 21P. 3/ 34
and tennin.1ted a third woman because they were pregnant, and (4) fi iled to post notices describing the Federa11aws prohibiting job discrimination based on tace, color, sex, nation.'\l origin, religion, age, equal pay, disabtlity and genetic infonnation an,d failed to file EEO-l forms as required by law and EEOC regulations. Founders denies these allegations and neither this Decree nor the furnishing of payments under this Decree shall be deemed or construed as an admission by Founders of any liability or unlawful conduct. Sectionl02 Purpose of this Decree
A. The parties, defined as EEOC and Founders, desire t settle this action, and therefore do hereby stipulate and consent to the entry of this Decree as final and binding between the parties.
B. The Decree resolves all issues relating to the allegations in EEOC's Complaint and Vicki (Randall) Hall 's EEOC Charge of Discrimination numbe~ 525-2009-00492, which
served as the jurisdictional prerequisite in this case. The Decree do~s not resolve any charge of
discrimination currently pendlllg before EEOC, or any charge that may be filed in the future, other than the charge listed above. EEOC reserves al1 rights to pro eed regarding matters not covered in this Decree.
C. The tenus of this Decree represent the filll and complete agreement ofthe parties. The parties agree that this Decree may be entered into without Findlings of Fact and Conclusions of Law being made and entered by the Court. Section 103 Prohibited Conduct and Injunctions
A. On July 2,2013 Founders completed the sale of its ~ursing facility located at 205 East First Street, Corning, New York 14830 to Pavilion Operation~, LLC d/b/a Coming Center
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for Rehabilitation and Healthcare ("Pavilion Operations") and has since ceased operating any

business. B.

Pavilion Operations, as a. non-party signatory to this f ecree, has agreed to revise

its anti-discrimiMtion policies and conduction anti-discrimination J ining pursuant to £be

provisions in Sections 202(C) and 203 (G) below. The Court haSjuJ sdiction over Pavilion

2~2(C) Operations for the purpose of enforcing the provisions in Sections

and 203(0) of this

Decree or resolving any dispute thereunder.

C. If at any point after this Decree is executed by the patties, Founders again owns or

operates any healthcare facility or other business (referred to herein as "resumes conducting

business"), Founders, its successors, assigns, purchasers, and managers, officers and agents

acting on behalf of Founders, including any physician or medical f~fi1ity that conducts any

medical examination for Founders, are hereby enjoined from reque~ti.ng genetic information,

including family medical history, from any applicant or employee.

D. If Founders resumes conducting business, Founders, its successors, assigns,

,purchasers, and managers, oftlcers and agents acting on behalf of Fpunders are hereby enjoined

from failing to provide reasonable accommodation to applicants or employees with disabilities,

E. If Founders resumes conducting business, Founders its successors, assigns,

purchasers, <mel managers, officers and agents acting on behalf of Founders are hereby enjoined

from tenninating any employee On the basis of that employee's dis. bility or perceived disability.

F. If Founders resumes conducting business, Founders its successors, assigns, purchasers, and manag~rs, oilicers and agents acting 011 behalf of Flounders are hereby enjoined
from failing to hire an applicant or tenninating an employee becau~e of her pregnancy.

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G. If Founders resumes conducting business, Founders, i s successors, assigns,
purchasers, and managers, officers and agents acting on behalf of FOPnders are hereby required to post EEO posters describing the Federa1laws prohibiting job discllimination based on race, color, sex, national origin, religion, age, equal pay, disability and getjLetic infonnation in all prominent places visually accessible to all applicants and employees,
H. If Founders resumes conducting business, Founders, ~ts successors, assigns, purchasers, and managers, officers and agents acting on behalf of Fqunders are hereby required to file EEO-l forms on annual basis pursuant to 29 C.F.R. § 1602.7.
1. Nothing in this Decree will be construed to limit or r¢duce Founders' obligations to comply with the statutes enforced by EEOC: Title VII of the 1964 Civil Rights Act, as amended, 42 US.C. §2000e, et seq.; Title I of the Americans with Disabilities Act, as amended, 42 U.S.C. §12101, et seq; Age Discrimination in Employment Act, 29 U.S.C. §621, et seq.; Equal Pay Act, 29 U.S.C. §206(d); and Genetic Information NondisFrimination Act, 42 U.S.C. §2000ff, et seq. Section 104 Duration of Decree and Consent to Jurisdiction
A. The Decree will remain in effect for five (5) years fr9D1 the effective date of this Decree. The effective date ofthis Decree will be the date it is sign~d by and receives approval from the Court. The Decree will not expire against any signatory \'1thile any enforcement action is pending against that signatory.
B. If EEOC has notified Founders in writing not less th n fifteen (15) days in advance of the termination of this Decree that Founders is not in co l1pliance with any sections of
4 this Decree, Founders' obligations under this Decree will remain effect until EEOC
detennines that Founders is in compliance. Founders reserves the ~ight to contest any
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detem1ination by the EEOC that FOWlders is not in compliance by bnnging the matter before the Court,
C. EEOC and Founders agree that this Court has jurisdiction over the subject matter of this litigation and the parties, that venue is proper, and that all ad~inistrative prerequisites have been met. No party will contest the validity of this Decree or r, e jurisdiction of the tederal district court to enforce this Decree and its terms.
D, The Court will retain jurisdiction over this action for kn purposes including, but not limited to, the entering of all orders, judgments, and decrees as rlecessary to implement the relief provided herein, Upon signature and approval by the Court, tij.e matter may be
administratively closed}ltit v(ill Het ee clistnissee.. Within thirty (30) days after the expiration
date of the decree, the parties will submit a stipulation of dismissal tp the court.
Section 105 Applicability of Decree to Successors and Assigns and Upon Purchase, Merger or Consolidation
If Founders resumes conducting business, Founders will provide notice and a copy of this Decree to any successors, assigns, subsidiaries, affiliates, any other 'orporation or other entity that acquires Founders, and any other corporation or other entity in~ which Founders may merge or with which Founders may consolidate before the acquisition, sal~, merger, or consolidation. The successors, assigns, acquiring entities, and any surviving entitif s upon merger or consolidation will be fully liable for complying with the terms oftllis Decree. Founders will provide written notice to EEOC \vithin thirty (30) days of any assigpment, succession, acquisition, merger or consolidation affecting Founders, Section 106 Implementation of this Decree
Founders agrees to take all steps that may be necessary to fi lly effecmate the terms of
this Decree.
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Section 107 Amendments to this Decree By mutual consent of the parties, this Decree may be amendeC1 in the interests ofjustice
and fairness and to facilitate execution ofthis Decree's provisions. No waiver, modification, or amendment of any provision of this Decree will be effective unless IJlade in writing, approved by all parties to this Decree, and approved or ordered by the Court. Section 108 Severability
If one or more provisions of this Decree are rendered unlawful or unenforceable as a result of a legislative act or a decision by a court of competent juris9iction, the following will apply to insure that this Decree continues to effectuate the intent of fue parties. The provisions of this Decree which are not rendered unlawful, unenforceable, or i* apable ofperfonnance as a result of such legislative act or court decision will remain in full fort e and effect and the parties' responsibilities will not abate as to any and all provisions that have hot been rendered unlawful or unenforceable, except to the ex~nt that the intent of this Decree "1I"ould be undennined. Section 109 Breach of Decree
A breach of any tenn of this Decree by either party will be 4eemed a material and substantive breach of tlns Decree. Nothing in this Decree will be c nstrued to preclude either party from bringing proceedings to enforce this Decree if either paJ y fails to perform any of the terms contained herein. This Decree will be construed under appliqtble federal law. Section 110 Notices
Except as othelwise provided for in this Decree, allnotifica!ions, reports, and conununications to the parties required under this Decree will be ll¥lde in writing and will be sufficient as emailed, hand-ckhvered, faxed, or sent by certified, rer istered, or overnight mail to the following persons (or their designated successors):
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For Plaintiff EEOC:

Konrad Batog, Esq, Equal Emplo}i11ellt Opportunitf Commission 33 Whitehall Street, 5th Floor New York, New York 10004 Fax: (212) 336-3623 Email: konrad.batog@eeoc.gov; decreemonitor,nydo@eeoc,go

For Defendant Founders:

Roy R. Galewski) Esq, Harris Beach, PLLC 99 Garnsey Road Pittsford, New York 14534 Fax: (585)419-8817 Email: rga1ewski@harrisbeachfcom

For Pavilion Operations:

Joseph Talpa Administrator Coming Center for Rehabilitat~on and Healthcare 205 East First Street Conting, New York 14830

Any party may change such addresses by \vritten notice to the other patties that set forth a new

address for this purpose.

PART II SYSTEMIC RELIEF

Section 201 Posting and Distribution of Notices

A. Posting of Notice of Resolution

If Founders resumes conducting business, within thirty (30) days of such date, Founders

will conspicuously post and maintain a ''Notice of Resolution" regarding this lawsuit (attached as

Exhibit A) in all prominent places where employee notices are posted. Founders will certify in

writing to EEOC within thirty (30) days after it has posted the Notif e of Resolu.lion pursuant to

this provision.

B. Provision of Notice and Memo to Employees

1, If Founders resumes conducting business, 1 thin thirty (30) days of the

date that Founders resumes conducting business, Founders will provide a copy of the Notice of

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Resolution (Exhibit A) and amemo (Exhibit B) settmg forth the requirements of federal antiy discrimination laws, including GINA, ADA, and Title VII, to all employees. Founders will certify in writing to EEOC within thirty (30) days after it has distribUited the Notice of Resolution and memo pursuruit to this provision.
2, If Founders resumes conducting business, FOj ders will provide the same Notice of Resolution (Exhibit A) and memo (Exhibit B) to all future employees within seven (7) days oftile start of their employment. If Founders resumes conductihg business, on a bi-annual basis beginning si.l( (6) months after resuming business, Founders will certlfy in writing to EEOC that it has distributed the Notice of Resolution and memo pursuant to this provision. Section 202 Non-Discrimination Policy and Complaint Procedures
A. Required Content of Non-Discrimination Policies and Procedures 1. If Founders resumes conducting business, Founders will adopt anti-
discrimination policies and complaint procedures ("Policies and Procedures") setting forth Founders' commitment to equal opportunity;n all aspects of emplotment and, at a minimum, set fOlth the following: (1) a detailed explanation ofthe reasonable accommodation policy and procedure and the prohibition against disability discrimination under the Americans with Disabilities Act; (2) a detailed explanation of the prohibition against pregnancy discrimination under the Pregnancy Discrimination Act; (3) a detailed explanation of the prohibition against genetic discrimination and the obtaining of genetic information under the Genetic lntonnation Nondiscrimination Act of2008; (4) the assurance that Founders will not retaliate against employees who make complaints of discrimination, who oppose practices they consider to be unlawfully discriminatory, and/or who participate in protected activity or who provide infomlation related to complaints of discrimination; (5) a clearly described complaint process
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that provides accessible avenues of complaint with a number of choices of individuals to whom complaints can be made, including persons outside the employee' s chain of conunand; (6) the assurance that Founders will accept any and all complaints from employees who wish to file complaints mtemally; (7) the assurance that the filing of anonymous complaints is permitted and include safeguards to preserve the anonymity when requested by a complainant; (8) the assurance that Founders will keep confidential to the extent possible and not publicize unnecessarily the subject matter of the complaints or the identity of the complainants; (9) a complaint process that provides a prompt, thorough, and effective investigation, including interviewing complainant and all witnesses and obtaining and reviewing all material documents identified by the complainant or respondent to the extent necessary to reach a reasonable conclusion concerning the allegations; (l0) a requirement that all aspects of an investigation be thoroughly documented in written fomI; (11) assurance that upon completion of an investigation into a discrimination complaint, the complainant and the respondent will promptly receive a summaIY of the conclusions reached as a result of the investigation; and (12) the assurance that FOIDlders will take prompt and appropriate corrective action when it determines that discIimination has occurred.
B. Issuance of Policies and Procedures 1. If Founders resumes conducting business, Founders will distribute to each
employee a copy of its Policies and Procedures conceming discrimination within thirty (30) days of such date. The Policies and Procedures will be issued with a letter signed by the President Of Head of Human Resources for Founders aftlrming Founders' commitment to maintaining a work environment free of discrimination.
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2. If Founders resumes conducting business, Founders will include its Policies and Procedures in its Employee Handbook and will make the Policies and Procedures available on any company website that makes other human resources infomlation or policies available to employees.
3. If Founders resumes conducting business, Founders will provide all new employees with copies of the PoliCies and Procedures within five (5) days ofthe commencement of their employment.
C. p.w ilion Operntions' Non-Discrimination Policies and Procedures Pavilion Operations will revise its non-discrimination policies 'within thirty (30) days of entty of this Decree to include specific reference to the requirements of GINA, the ADA, and the Pregnancy Discrimination Act of 1968 ("PDA"), and include a complaint and investigation procedure for employee complaints of discrimination. Within ten (10) days of makjng the revisions, Pavilion Operations will provide EEOC with a copy of the revised non-discrimination policies and procedures. Section 203 Tr aining A. Initial Training
1. Content and Dur ation of the Initial Training If Founders resumes conducting business, Founders will provide training programs for all of its (a) non-supervisory employees, (b) supervisory and management employees, and (c) human resource employees. Each training program will include the following: (a) a detailed agenda with proposed training materials, (b) curricula vitae(s) for the individual(s) who will conduct the training, and (c) a plan to ensure that all employees receive the required training. The training programs will be conducted by a third-party professional. The initial training will
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review the rights and responsibilities of employees under federal anti-discrimination laws and how such laws define unlawful discrimination with a focus on pregnancy discrimination, disability discrimination, reasonable accommodation for disabilities, and genetic infonnation discrimination, including the prohibition against obtaining genetic information. The training will include examples of unlawful conduct. The training also will cover Founders' anti-discrimination policies and procedures with particular emphasis on the internal complaint, investigation, and remediation process and an employee's right to file with EEOC and state or local agencies. The training will be at least four (4) hours in duration.
2. Scheduling and Confirmation of Training If Founders resumes conducting business, within thirty (30) days of the date that Founders resumes conducting business, Founders will initiate the initial training programs and all such initial training programs will be completed within thirty (30) days of the date that Founders resumes conducting business. All non-supervisory employees, supervisory and management employees, and human resource employees will attend the appropriate initial training session. Within thirty (30) days ofthe compLetion of any training session, FOlmders will provide EEOC with an attendance sheet that includes the date, the names of those ill attendance, and the signatures of those in attendance along with a then-current list of employees. B. Annual Training
1. Annual Training fOI' Non-supetvisory Employees If Founders reSlmles conducting business, On an annual basis, Founders will provide all non-supervisory employees in with at least two (2) hours of BEO training as described below i.ll sub-paragraph 4.
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2. Annual Training for Management and Superviso ry Employees

If Founders resumes conducting business, on an annual basis, Founders will provide all

supervisory and management employees with at least four (4) hours of EEO training as described

below in sub-paragraph 4.

3. Annual Training for Human Resources Employees

If Founders resumes conducting business, on an annual basis, Founders will provide all

human resource employees with at least sLx (6) hotus ofEEO training as described below in

sub-paragraph 4.
4.

Required Subjects of Annual Training

The annual training programs will include:

a. For non-supervisory, supervisory and management, and human resources

employees, instruction on the requirements of all applicable equal employment oppornmity laws

including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in

Employment Act, the Americans Mth Disabilities Act, the Equal Pay Act, and the Genetic

Information Nondiscrimination Act, and a review of Founders' non-discrimination policies and

procedures with particular emphasis on the complaint procedure.

b. For supervisory, management and human resources employees, instruction

on any policies and requirements related to this Decree and the proper procedures for responding to complaints of discrimination or harassment. Counsel of record for Founders will provide the

training on policies and requirements related to this Decree,

C. Training for New Employees

lf Founders resumes conducting business, Founders will provide two (2) hours oftraining

for all new non-supervisory employees, four (4) hours of training for alI new

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management/supervisory employees, and six (6) hours of training for all new human resource employees within thirty (30) days of the commencement oftheir employment. The training will review the rights and responsibilities of employees under federal anti-dlScrimination laws and
how such laws defme unlawful discrimination. The tralnlng wjll include examples of unlawful
conduct. The training also will cover Founders' anti-discrimination policles and procedures with particular emphasis on the internal complaint, investigation, and remediation process and an employee's right to file with EEOC and state or local agencies. The training also will cover the requirements of this Decree.
E. Reporting Requirements for Trnining All employees attending any training session described in the above paragraphs will print and sign their full names on an attendance sheet. Within thirty (30) days of the completion any training described in the preceding paragraphs, Founders will provide EEOC with copies of all attendance sheets and a then-current employee list. If Founders resumes conducting business, on a hi-annual basis beginning six (6) months after the date that Founders resumes conducting business, Founders ,yilt provide EEOC with attendance sheets pertaining to training given to new employees and a list of the employees, if any, who did not attend training as required. F. Pre.Training Notification Requirement At least thirty (30) days prior to any Initial and Annual trainings required under this Section, Founders will provide EEOC notice ofthe date, time, and location of the scheduled training. EEOC, at its discretion, may attend and observe one or more of the training sessions and may provide changes to be implemented by the trainer. G. Training for Pavilion Operations Pavilion Operations will provide training programs for all of its non-supervisory and supervisory employees within sixty (60) days of entry of this Decree, The training programs will
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be conducted by Harris Beach, PLLe and paid for by Founders. The training will review the rights and responsibilities of employees under federal anti-discrimination laws and bow such laws define unlawful discrimination with a focus on pregnancy discriminatlon, disability discrimination, reasonable accommodation for disabilities, and genetic infonnation discrimination, including the prohibition against obtaining genetic infonnation. The training will include examples ofunlawful conduct. The training also will cover Pavilion Operations' anti~discrimination policies and procedures with partiCUlar emphasis on the internal complaint, investigation, and remediation process and BIl employee's nght to file with EEOC and state or local agencies. The training will be at least three (3) hours in duration. Within ten (10) days of the completion of the training, Pavilion Operations will provide EEOC with confinnation that the training was completed. Section 204 Monitoring and Reporting
A. Monitoring by EEOC If Founders resumes conducting business, EEOC may monitor Founders ' compliance with this Decree through the inspection of Founders' premises and records, and interviews with Founders ' officers, agents, employees, and contractors at reasonable times. Founders will make
available for inspection and copying any records reasonably related to this Decree upon
reasonable notice by EEOC. B. Reporting Requirements fo~ Discrimination Complaints If Founders resumes conducting business, On a bi-annual basis beginning six (6) months
after the date that Founders reSUlnes conducting business, Founders will provide a written report to EEOC with information regarding any verbal or written complaints of discrimination from employees or applicants, which were received during the preceding six (6) months. The report
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will include the name of the complainant, the name of the alleged harasser or discriminator, a list of each step taken by Founders during the investigation, a summary of the complaint, the location, the results of any investigation of the complaint, and any remedial action taken by Founders. The report will include all open complaints and all complaints closed or resolved within the prior six (6) months. Section 205 Compliance with Record-keeping Requirements
Fou1lders agrees to maintain such records as are necessary to demonstrate its compliance with this Decree and 29 C.F.R. §1602 et seq. and to vedfy that the repolis submitted pursuant to this Decree are accurate. PART III MONETARY RELIEF Section 301 Monetary Payment to Claimants
A. Within thirty (30) days of entry of this Decree, Founders will pay thetota'fgross
, sum oftwo hundred fifty nine thousand six hundred dollars ($259,600) to the below five (5)
claimants on the terms provided for below upon each claimant executing a Limited Release. No claimant shall receive payment without first signing the Limited Release in the presence of a Notary Public.
B. Founders will pay Vicki (Randall) Hall the total sum of one hundred thousand dollars ($100,000) as non-pecuniary compensatory damages and provide Vicki (Randall) Hall an IRS FORM 1099 within thirty (30) days of entry of this Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the fonn attached as Exhibit D-1 from Vicki (Randall) Hall. Founders will send the check and IRS FORM 1099 via certified mail) return receipt requested, to Vicki (Randall) Han. A copy ofthe check will be forwarded to EEOC immediately upon issuance of the check.
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C. FotU1ders will pay Vicki (Randall) Hall the total sum of SIxty five thousand dollars ($65,000), less lawful deductions, as back wages and provide Vicki (Randall) Hall an IRS FORM W-2 within thirty (30) days of entry of this Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the fonn attached as Exhibit 0-1 from Vicki (Randall) Hall. Founders will send the check and IRS FORM W~2 via certified mail, return receipt requested, to Vicki (Randall) Hall. A copy of the check will be fOJ:'\llarded to EEOC immediately upon issuance of the check.
D. Founders will pay Chelsa (Cussins) Hojnoski the total sum oftwenty five thousand dollars ($25;000) as non-pecuniary compensatory damages and provide Chelsa (Cussins) Hojnoski !Jll IRS FORM 1099 within thirty (30) days of entry of this Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the form attached as Exhibit D-2 from Chelsa (Cussins) Hojnoski. Founders will send the check and IRS FORM 1099 via certified mail, retum receipt requested, to Chelsa (Cussins) Ho.inoski. A copy of the check will be forwarded to EEOC immediately upon issuance of the check.
E. Founders Wlll pay Chelsa (Gussins) Hojnoski the total Sum of nine thousand nine hundred seventeen dollars ($9,917), less lawful deductions, as back wages and provide Chelsa Cussins an IRS FORM W-2 within thirty (30) days of entry ofthis Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the form attached as Exhibit D-2 from Chelsa (Cussins) Hojnoski. Fotmders will send the check and IRS FORM W-2 via certified mail, return receipt requested, to Chelsa (Cussins) Hojnoski. A copy of the check will be fonvarded to EEOC i:rrunediately upon issuance of the check.
F. Founders will pay Gale (Fontenot) O'Dell the total sum oft\venty five thousand dollars ($25,000) as non-pecuniary compensatory damages and provide Gale (Fontenot) O'Dell
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an IRS FORM 1099 within thirty (30) days of entry of this Decree or as soon thereafter as Founders receives an executed and notarized L.im.ited Release in the tonn attached as Exhibit D3 from Gale (Fontenot) O'Dell. Founders will send the check and IRS FORM 1099 via certified mail, return receipt requested, to Gale (Fontenot) O;Dell. A copy of the check will be forwarded to EEOC immediately upon issuance ofthe check.
G. Founders will pay Gale (Fontenot) O'Dell the total sum offour thousand nine hundred fifty one dollars ($4,951), less lawful deductions, as back wages and provide Gale (Fontenot) O'Dell an IRS FORMW-2 within thirty (30) days ofentry ofthis Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the form attached as Exhibit D-3 from Gale (fontenot) O'DelL Founders will send the check and IRS FORM W-2 via certified mail, return receipt requeste(~ to Gale (Fontenot) O~Dell. A copy of the check will be forwarded to EEOC immediately upon issuance of the check.
H. Founders will pay Rebeca Stuart the total sum of seven thousand dollars ($7,000) as non-pecuniary compensatory damages and provide Rebeca Stuart an IRS FORM 1099 within thirty (30) days of entry of this Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the fonn attached as Exhibit D"4 from Rebeca Stuart. Founders will se~ld the check and IRS FORM 1099 Vla certitied mail, return receipt requested, to Rebeca Stuart. A copy of the check will be forwarded to EEOC immediately llpon issuance of the check.
L Founders will pay Rebeca Stuart the total sum of six thousand nine hundred thirty nine dollars ($6)939), less lawful deductions, as back wages and provide Rebeca Stuart an IRS FORM W-2 Wlthin thirty (30) days of entry of this Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the fOIm attached as Exhibit D-4 from
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Rebeca Stuart. Founders will send the check and IRS FORM W-2 via certified mail, return receipt requested, to Rebeca Stuart. A copy of the check will be fOlwarded to EEOC immediately upon issuance of the check.
J. Founders will pay Caitlin Doolittle the total sum offourteen thousand dollars ($ 14 OOO) as non-pecuniary compensatory damages and provide Caitlin Doolittle an IRS FORM
j
1099 within thirty (30) days of entlY of this Decree or as soon thereafter as Founders receives an executed and notarized Limited Release in the form attached as Exhibit 0-5 from Caitlin Doolittle. Founders will send the check and IRS FORM 1099 via certified mail, return receipt requested, to Caitlin Doolittle. A copy of the check will be forwarded to EEOC immediately upon issuance of the check,
K. Founders will pay Caitlin Doolittle the total sum of one thousand seven hundred ninety three dollars ($1,793), less lawful deductions, as back wages and provide Caitlm Doolittle
an ms FORM W-2 witbln thirty (30) days of entry ofthis Decree or as SOOn thereafter as
Founders receives an executed and notarized Limited Release ill the form attached as Exhlbit D5 from Caitlin Doolittle. Founders will send the check and IRS FORM W-2 via certified mail, return receipt requested, to Caitlin Doolittle, A copy of the check will be forwarded to EEOC immediately upon issuance ofthe check Section 302 Monetary Payment to GINA Class Members
A, Founders will pay a total class award of one hundred ten thousand four hundred dollars ($110,400). From this amountj each Class Member is eligible to receive as nonpecuniary compensatory damages eight hundred dollars ($800) of the class award pursuant to Section 302, paragraphs B-H ofthis Decree,
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B. "Class Member" shall refer to those one hundred thirty eight (138) individuals that were, based upon review of Founders' records, hired by Founders during the time that the "Occupation & Environmental Health Services Patient History Form" that included a "Family HistoI}''' section was utilized by Founders from November 21,2009 (the effective date of GINA) through September 30, 2011 (the date on or about when Founders stopped utilizing 1he "Occupation & Environmental Health Services Patient History Form') 1hat included a "Family History" section).
C, Within thirty (30) days of entry of this Decree, Founders will submit to EEOC a list containing the name of each Class Member. This list must also contain each Class Member's social security number and last known home address and home telephone number unless, after making all reasonable efforts to identify a Class Member's social security number, last known home address, and last knovvn home telephone number, including, but not limited to, interviews with relevant individuals and searches of relevant documents, Founders is unable to locate that Class Member's social security number, last known home address, or last known home telephone number,
D. Within thirty (30) days of submltting the list of Class Members, Founders will mai~ via certified mail, return receipt requested, to each Class Members a letter in the form of Exhibit C, along with a Limited Release in the form attached as Exhibit D-6, No Class Member shall receive payment without first signing the Limited Release in the presence of a Notary Public, and returning 1he Limited Release to Founders within thirty (30) days of the mailing of the letter (Exhibit C). If a Class Member does not return an executed Limited Release within thirty (30) days from the date the letter was sent to that Class Member and the letter has not been
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returned as undeliverable, that Class Member shall be deemed to be ineligible faT payment of any portion ofthe class award under this Consent Decree.
E. Upon receipt of an executed Limited Release~ Founders will, within fifteen (15) days after receipt of the Limited Release, mail a check tor eight hundred dollars ($800), and an IRS FORM 1099, to each individual who returns the executed and notarized Limited Release.
F. If any letter andlor check is returned to Founders as undeliverable, Founders will notify EEOC within thirty (30) days of its receipt If EEOC provides Founders with anew address for a Class Member, then within thirty (30) days of receipt ofthe new address, Founders will mail another letter and/or check (as applicable) to the Class Member's current address, At the same time, Founders will provide written notice to EEOC that the letters and/or checks were issued and the dates upon which they were issued. EEOC will be allowed no more than one hundred eighty (180) days from the entry of this Decree to locate Class Members whose letters and/Qr checks have been returned to Founders as undeliverable, unless it demonstrates good cause for additional time.
G. After the procedure and schedule specified in Section 302, paragraphs C-F has been fulfilled, but no later than two hundred ten (210) days after entry of this Decree, any amounts of the class award which remain will be distributed by Founders via a check to a notfor-profit organization agreed to by the parties. None of the class award shall revert to Founders.
H. Founders will have responsibility for processing and mailing the letters and checks to Class Members and is responsible for all costs associated with the distribution of funds
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to Class Members.

PART'IV SIGNATURES

Each signatory to this Decree represents that each is fully authorized to execute this

Decree and to bind the parties or company on wbose behalf each signs.

APPROVED IN FORM AND CONTENT:

For Plaintiff EEOC: For Defendant F~undets Pavilion, Inc.

~~ ReSionai Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York. 10004 .~

-'

Roy R Gnlewski, Esq. HarTis Beach, PLLC 99 Garnsey Road'
Pittsford. New York 1453

For Pavilion OperatiOllll, LLC

Jg rI ~ SO ORDERED this

day of

osepbTo a Administrator Corning Center fol' Rehabilita.ti~n and Healthcare 205 East First Street Corning; New York 14830
~Ol'-l
,~

 
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CM/ECF LIVE(C) - U.S. District Court:nywd

CLOSED_2014,MEDIATION

U.S. DISTRICT COURT U.S. District Court, Western District of New York (Rochester)
CIVIL DOCKET FOR CASE #: 6:13-cv-06250-CJS

Equal Employment Opportunity Commission v. Founders Pavilion, Date Filed: 05/16/2013

Inc.

Date Terminated: 01/10/2014

Assigned to: Hon. Charles J. Siragusa

Jury Demand: Plaintiff

Cause: 28:1331 Fed. Question: Employment Discrimination

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Konrad Batog U.S. Equal Employment Opportunity Commission New York District Ofﬁce 33 Whitehall Street 5th Floor New York, NY 10004-2112 212-336-3700 Fax: 212-336-3623 Email: konrad.batog@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. O'Brien U.S. Equal Employment Opportunity Commission New York District Ofﬁce 33 Whitehall Street 5th Floor New York, NY 10004-2112 (212) 336-3694 Fax: 212-336-3623 Email: michael.obrien@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Grossman U.S. Equal Employment Opportunity Commission New York District Ofﬁce 33 Whitehall Street 5th Floor New York, NY 10004-2112 (212) 336-3696 Fax: (212) 336-3623 Email: elizabeth.grossman@eeoc.gov TERMINATED: 06/03/2015

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V. Defendant Founders Pavilion, Inc. d/b/a Founders Pavilion

CM/ECF LIVE(C) - U.S. District Court:nywd
represented by Daniel J. Moore Harris Beach LLP 99 Garnsey Road Pittsford, NY 14534 585-419-8626 Fax: 585-419-8817 Email: dmoore@harrisbeach.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/16/2013
05/17/2013 05/17/2013 05/17/2013 05/17/2013
06/17/2013
06/17/2013 06/18/2013
06/25/2013 07/09/2013 07/10/2013
08/16/2013

# Docket Text
1 COMPLAINT against Founders Pavilion, Inc., ﬁled by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 summons)(Grossman, Elizabeth) (Entered: 05/16/2013)
Case Assigned to Hon. Charles J. Siragusa. (EAK) (Entered: 05/17/2013)
2 Summons Issued as to Founders Pavilion, Inc. (EAK) (Entered: 05/17/2013)
3 AUTOMATIC REFERRAL to Mediation. ADR Plan electronically sent to attorneys. (EAK) (Entered: 05/17/2013)
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.uscourts.gov/forms/AO085.pdf
Notiﬁcation to chambers of on-line civil opening. (EAK) (Entered: 05/17/2013)
4 NOTICE of Appearance by Michael J. O'Brien on behalf of Equal Employment Opportunity Commission. Modiﬁed on 6/18/2013 to correct docket text (EAK). Modiﬁed on 6/18/2013 (EAK). (Entered: 06/17/2013)
5 AMENDED COMPLAINT against Founders Pavilion, Inc., ﬁled by Equal Employment Opportunity Commission.(O'Brien, Michael) (Entered: 06/17/2013)
E-Filing Notiﬁcation re 4 NOTICE of Appearance. Document ﬁled improperly as a motion. Court terminated motion and modiﬁed docket text to correctly reﬂect ﬁling event. No action required. (EAK) (Entered: 06/18/2013)
6 NOTICE of Appearance by Konrad Batog on behalf of Equal Employment Opportunity Commission (Batog, Konrad) (Entered: 06/25/2013)
7 MOTION to Withdraw as Attorney Filed by Michael O'Brien by Equal Employment Opportunity Commission.(O'Brien, Michael) (Entered: 07/09/2013)
8 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Founders Pavilion, Inc. waiver sent on 6/17/2013, answer due 8/16/2013. (Batog, Konrad) (Entered: 07/10/2013)
9 STIPULATION AND ORDER, Answer due date updated as to Founders Pavilion, Inc. answer due 10/16/2013. Signed by Hon. Charles J. Siragusa on 8/16/13. (KAP) (Entered: 08/16/2013)

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CM/ECF LIVE(C) - U.S. District Court:nywd
10 MOTION to Continue by Equal Employment Opportunity Commission.(Batog, Konrad) (Entered: 10/01/2013)
11 LETTER ORDER granting 10 Motion to Continue. Defendant's answer is due 45 days after government is no longer shut down. Signed by Hon. Charles J. Siragusa on 10/15/13. (KAP) (Entered: 10/16/2013)
12 STIPULATION AND ORDER, Answer due date updated as to Founders Pavilion, Inc. answer due 12/31/2013. Signed by Hon. Charles J. Siragusa on 11/26/13. (KAP) (Entered: 11/26/2013)
13 -CLERK TO FOLLOW UP-CONSENT DECREE. Signed by Hon. Charles J. Siragusa on 1/9/14. (Attachments: # 1 Exhibit)(KAP)Clerk to close the case. (Entered: 01/09/2014)

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