/1
:~ILFO ORIGINAL

A. LUIS LUCERO, JR., REGIONAL ATTORNEY BAlU:3ARA J. STANDAL, SUPERVISORY TRIAL ATTORNEY
2 ~g~1ks~Ml~~JM:~08~P4~~TUNITY COMMISSIOWS~p 29 ni S: 58
3 SEATTLE, WA 98104 TEL: 206/220-6896
4 FAX: 206/220-6911

5

6

7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

9

10 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

11

)

Plaintiff,

)

12

)

v.

)

13

)

WINDMILL INNS OF AMERICA,

)

14 d/b/a WINDMILL INN OF ASHLAND,

)

)

15

)

Defendant.

)

16 -------------------------------)

CIVIL ACTION NO. cn-·3J ~' C
COMPLAINT JURY TRIAL DEMAND

17
NATURE OF THE ACTION 18
This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of 19
the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and 20
to provide appropriate relief to Sandra Newkirk who was adversely affected by such practices. The 21
Equal Employment Opportunity Commission alleges that Windmill Inns of America failed to hire 22
Sandra Newkirk, a qualified individual with a disability, blindness, because of her disability.
23 .TlJRTSDTCTION AND VENUE
24 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,
25 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the
26 Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.c. § 12117(a), which incorporates by
27

COMPLAINT - PAGE 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-(5662

reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964,42 U.S.C. §§

2 2000e-5(f)(l) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42

3 U.S.C. § 1981a.

4

2. The employment practices alleged to be unlawful were committed within the

5 jurisdiction of the United States District Court for the District of Oregon.

6

PARTIES

7

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the

8 agency ofthe United States of America charged with the administration, interpretation and

9 enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a)

10 of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of

11 Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

12

4. At all relevant times, Defendant, Windmill Inns of America (the "Employer"), has

13 continuously been doing business in the State of Oregon, as Windmill Inn of Ashland and has

14 continuously had at least 15 employees.

15

5. At all relevant times, defendant Employer has continuously been an employer

16 engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5),

17 and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections

18 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).

19

6. At all relevant times, defendant Employer has been a covered entity under Section

20 101 (2) of the ADA, 42 U.S.C. § 12111(2).

·21

STATEMENT OF CLAIMS

22

7. More than thirty days prior to the institution of this lawsuit, Sandra Newkirk filed a

23 charge with the Commission alleging violations of Title I of the ADA by defendant Employer. All

24 conditions precedent to the institution of this lawsuit have been fulfilled.

25

8. Since at least May, 1999, defendant Employer has engaged in unlawful employment

26 practices at its Ashland, Oregon, facility, in violation of Sections 102(a) and 102(b)(5)(B) of Title I

27 of the ADA, 42 U.S.c. §§ 12112(a) and 12112(b)(5)(8). The defendant Employer refused to hire

COMPLAINT - PAGE 2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Fedel cll Orri(.;e Building 909 First Avenue, Suite 400 Seattle, Washington 98104·1061
Telephone (206) 220-6883 Fax (206) 220-6911 Illll (:/UO) <:<:0-0882

Sandra Newkirk, who is blind and who is a qualified individual with a disability who can perform

2 the essential functions of the job with or without a reasonable accommodation, as a "reservationist"

3 in violation of Sections 102(a) and 102(b)(5)(B) of the ADA.

4

9. The effect of the practices complained of in paragraph 8 above has been to deprive

5 Sandra Newkirk of equal employment opportunities and otherwise adversely affect her status as an

6 employee, because of her disability.

7

10. The unlawful employment practices complained of in paragraph 8 above were and are

8 intentional.

9

PRAYER FOR RELIEF

10

Wherefore, the Commission respectfully requests that this Court:

11

A. Grant a permanent injunction enjoining defendant Employer, its officers, agents,

12 successors, assigns, and all persons in active concert or participation with it, from unlawfully failing

13 to provide equal employment opportunities to employees with disabilities and to accommodate

14 employees' disabilities, and any other employment practice which discriminates on the basis of

15 disability.

16

B. Order defendant Employer to institute and carry out policies, practices, and programs

17 which provide equal employment opportunities for qualified individuals with disabilities, and which

18 eradicate the effects of its past and present unlawful employment practices.

19

C. Order defendant Employer to make whole Sandra Newkirk, by providing appropriate

20 back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief

21 necessary to eradicate the effects of its unlawful employment practices.

22

D. Order Defendant to post and keep posted the notices required by Section 105 of the

23 ADA, 42 U.S.C. § 12115, which incorporates by reference Section 711(a) of Title VII, 42 U.S.c. §

24 2000e-l0(a).

25

E. Order Defendant to make and preserve all records relevant to the determination of

26 whether unlawful employment practices have been or are being committed, in accordance with

27 Section 107(a) of the ADA, 42 U.S.c. § 12117(a), which incorporates by reference Section 709(c) of

COMPLAINT· PAGE J

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104·1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (20G) 220-6662

Title VII, 42 U.S.c. § 2000e-8(c).

2

F. Order defendant Employer to make whole Sandra Newkirk by providing

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

4 described in paragraph 8 above, including past and future out-of-pocket losses, in amounts to be

5 determined at trial.

6

G. Order defendant Employer to make whole Sandra Newkirk by providing

7 compensation for past and future non-pecuniary losses resulting from the unlawful practices

8 complained of in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of

9 enjoyment of life, and humiliation, in amounts to be determined at trial.

10

H. Order Defendant Employer to pay Sandra Newkirk punitive damages for its malicious

11 and reckless conduct, as described in paragraph 8 above, in amounts to be determined at trial.

12

I.

Grant such further relief as the Court deems necessary and proper in the public

13 interest.

14

1.

Award the Commission its costs of this action.

15 II

16 II

17 II

18 II

19 II

20 II

21 II

22 II

23 II

24 II

25 II

26 II

27

JURY TRIAL DEMAND

COMPLAINT - PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office r ederal Office Building 909 First Avenue, Suite 400
Seattle, Washington 98104·1061 Telephone (206) 220·6883 Fax (206) 220-6911 TDD (206) 220.£882

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

2

DATED this ,2( ~IV?

day of 6c~0\\'>l~ 1"

,)

, 2000.

3

4 A. LUIS LUCERO, JR. Regional Attorney
5 BARBARA J. STANDAL
6 Supervisory Trial Attorney

C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

7 MICHELLE GONZALEZ
Trial Attorney
8 BY:
9 EQUAL EMPLOYMENT OPP
10 COMMISSION Seattle District Office
11 909 First Avenue, Suite 400 Seattle, Washington 98104
12 Telephone (206) 220-6896

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

13

Attorneys for Plaintiff

14

15

16

17

18

19

20

21

22

23

24

25

26

27

COMPLAINT - PAGE 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Fodoral Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104·1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220~6662

 
 1 A. LUIS LUCERO, JR.

KATHRYN OLSON

2

NANCY MAISANO EQUAL EMPLOYMENT

C ; ~""" OPPORTUNITY

Cr;Or)MMrI,,S!S!.I'"O) ~ ,

3 909 FIRST AVENUE, SUITE 400

SEATTLE, WA 98104

4 TEL: (206) 220-6889

. I

~IGJNAL

~) l(L

, )
Cl'-lC

5

6

7

8

9

UNITED STATES DISTRICT COURT

10

FOR THE DISTRICT OF OREGON

11

EQUAL EMPLOYMENT OPPORTUNITY

)

12 COMMISSION,

)

)

CIVIL NO. 00-3106-CO

13

Plaintiff,

)

)

CONSENT DECREE AND ORDER

14

v.

)

OF DISMISSAL

)

15 WINDMILL INNS OF AMERICA,

)

d/b/a WINDMILL INN OF ASHLAND,

)

16

)

)

17

Defendant.

)

18 ----------------------------)
I. INTRODUCTION

19 1. This action originated with a charge of discrimination filed by Sandra Newkirk

20 with the Equal Employment Opportunity Commission ("EEOC"), alleging violations of the

21

Americans with Disabilities Act of 1990 ("ADA").

22

2. The EEOC investigated this charge and issued a Determination on October 22,

23 1999, finding reasonable cause to believe that Windmill Inns of America ("Windmill Inns")

24 discriminated against Sandra Newkirk by denying her a position for which she had applied and

25 by failing to reasonably accommodate her.

26

3. The EEOC filed this lawsuit in the United States District Court for the District of

27

CONSENT DECREE AND ORDER Of DISMISSAL - 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Su~e 400 Seattle, Washington 98104-1061
Telephone (206) 220-0883
Fax (206) 22!Hl911 TOO (206) 220-6862

1 Oregon on September 28, 2000. Plaintiff alleged that Windmill Inns violated the ADA by

2 subjecting Newkirk to unlawful discriminatory practices.

3

4. Windmill Inns filed an Answer to EEOC's Complaint in which it denied plaintiffs

4 allegations of discrimination.

5

5. The Commission and Windmill Inns want to fully and finally conclude all claims

6 arising out of the above charge without the expenditure of further resources and expenses in

7 contested litigation. They agree that entry ofthis Consent Decree will be in the interest of the

8 parties and will further the objectives of the anti-discrimination provisions under the ADA.

9

II. JURISDICTION AND VENUE

10

6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

11 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

12 Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by

13 reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964,42 U.S.C. §

14 2000e-5(f)(1) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991,

15 42 U.S.C. § 1981A. The employment practices alleged to be unlawful in the EEOC's

16 Complaint filed herein occurred within the jurisdiction of the United States District Court for the

17 District of Oregon.

18

III. NON-ADMISSION OF LIABILITY

19

7. This Consent Decree is not an adjudication or finding on the merits of this case

20 and shall not be construed as an admission by Windmill Inns of a violation of the ADA or any

21 other provision of law.

22

IV. PURPOSE OF THE AGREEMENT

23

8. The parties have entered into this Consent Decree in order to achieve the

24 following purposes:

25

a. To assure the implementation of policies and procedures which prohibit

26

Windmill Inns from discriminating or retaliating against employees because of

27

their disability. Windmill Inns also agrees not to retaliate against any employee

CONSENT DECREE AND ORDER OF DISMISSAL· 2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle DIstrict Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104·1061 Telephone (206) 220~883
Fax (206) 220~911
roo (ZOO) Z20~662

who complains about discrimination or participates in the investigation of a

2

complaint

3

b, To assure that Windmill Inns implements and promotes an anti-

4

discrimination policy and complaint procedure to effectively prevent

5

discrimination and to address and correct such alleged discrimination.

6

c. To avoid the time, expense and uncertainty of further litigation,

7

V. GENERAL PROVISIONS

8

9. This Consent Decree is intended to and does effectuate the full, final, and

9 complete resolution of all allegations of unlawful employment practices and discrimination

10 encompassed by the original discrimination charge, and the Complaint filed in EEOC v,

11 Windmill Inns of American, Civil Case No: 00-3106-CO,

12

10, This Consent Decree constitutes the complete understanding between the

13 EEOC and Windmill Inns with respect to matters herein. It is expressly agreed that if EEOC

14 concludes that Windmill Inns has failed to comply with this Consent Decree, the Commission

15 may bring an action in the United States District Court for the District of Oregon to enforce the

16 Consent Decree as provided in paragraph 23 below,

17

VI. MONETARY RELIEF

18

11, In settlement of the EEOC's claims in this lawsuit, Windmill Inns agrees to pay

19 Sandra Newkirk the sum of $35,000 in compensatory damages for emotional distress.

20 Windmill Inns agrees to send by certified mail a check directly to Sandra Newkirk in the

21 amount of $35,000 within thirty (30) days of the date of entry of this Consent Decree. At the

22 same time, Windmill Inns agrees to mail or fax a copy of the check to EEOC. After receiving

23 a copy of the check to Sandra Newkirk, EEOC will send a release signed by Sandra Newkirk

24 to Windmill Inns within three days releasing Windmill Inns from all claims arising out of this

25 lawsuit.

26

27

CONSENT DECREE AND ORDER OF DISMISSAL - 3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104·1061 Telephone (206) 220-6883
Fax (206) 220-6911 TOO (206) 22Q.8882

1

VII. INJUNCTIVE RELIEF

2

A. COMPLIANCE WITH THE ADA

3

12. Windmill Inns reaffirms its commitmentto comply with the ADA and other federal

4 anti-discrimination statutes. In furtherance of this commitment, Windmill Inns will comply with

5 the affirmative obligations of this Consent Decree. Windmill Inns agrees that it will not

6 discriminate against any employees because of their disability in any employment decisions.

7

13. Windmill Inns will not retaliate against any employee for making a charge of

8 discrimination or for testifying, assisting, or participating in any investigation, proceeding, or

9 hearing associated with this lawsuit.

10

14. In recognition of its obligations under the ADA, Windmill Inns will institute the

11 policies and practices set forth below.

12

B. POLICY AGAINST DISCRIMINATION

13

15. Windmill Inns shall adopt anti-discrimination policies, procedures and training

14 for employees, supervisors, and management personnel and provide equal employment

15 opportunities for all employees. Windmill Inns will evaluate and exercise reasonable care to

16 prevent and correct promptly the practices of its managers and supervisors in order to prevent

17 discrimination in employment under the ADA. Windmill Inns will exercise reasonable care to

18 ensure that its managers and supervisors understand its Equal Employment Opportunity

19 policies and how those policies define and identify what constitutes discrimination.

20

C. TRAINING

21

16. Windmill Inns will develop and present to its managers and supervisors a

22 minimum of two (2) hours of ADA training each year during the duration of this Consent

23 Decree. The cost of training shall be borne by the company.

24

17. The training will focus on conducting hiring and selecting practices, on

25 individualized assessments of employees with disabilities, on how to determine whether an 26 employee poses a substantial harm to himself or others, and what is reasonable

27 accommodation. The training will also include Windmill Inns' obligations under this Consent

CONSENT DECREE AND ORDER Of DISMISSAL· 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, washington 98104-1061 Telephone (206) 220-6883
Fax (206) 22~911 TOO (2Qe) 220-0e62

1 Decree. The first training shall take place within one hundred twenty (120) days after entry

2 of this consent decree.

3

18. Windmill Inns will retain a record of the training programs, including dates held

4 and persons who attended. A copy of these records and training materials shall be submitted

5 to the EEOC in accordance with section E below.

6

D. INTERNAL GRIEVANCE PROCEDURE

7

19. Windmill Inns will maintain an internal grievance procedure for applicants or

8 employees who believe they have been discriminated against. These procedures will also be

9 set forth in the written policy discussed in paragraph 15 above. For applicants, Windmill Inns'

10 employment applications will contain contact information for Windmill Inns' human resources

11 department to allow applicants access to the grievance procedure. Consistent with the terms

12 of the grievance procedure:

13

a. The employee relations or human resources department ("the

14

department") will investigate employee and applicant complaints.

15

b. The department will document the steps taken in the investigation of each

16

complaint, as well as any action taken as a result of the investigation and, if no

17

action is taken, the reasons for not taking corrective action.

18

c. The department shall inform the complainant of the outcome of the

19

investigation.

20

d. Within thirty (30) days after the end of each year for three years following

21

the date of entry of this decree, the company will mail to EEOC a copy of each

22

complaint of discrimination along with a summary of the resolution of each

23

complaint.

24

E. REPORTING

25

20. One year following the entry of this decree and every year thereafter for the

26 duration of the decree, Windmill Inns will report to the EEOC Seattle District Office. The report

27 will contain the following information:

CONSENT DECREE AND ORDER OF DISMISSAL - 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206) 220-6862

1

a. Certification of the completion of the minimum two (2) hours of training each

2

year, with a list of attendees, as provided in paragraph 18.

3

b. Certification that its EEO policy has been distributed to all current and newly

4

hired employees;

5

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

6

and procedures which concern or affect the subjects of discrimination based on

7

disability and reasonable accommodation; and

8

d. A summary of all complaints ofdisability-based discrimination, if any, which have

9

been lodged by any applicant or current or former employee of Windmill Inns

10

internally, through a grievance system, or with any governmental agency,

11

concerning employment practices, and the resolution of each complaint.

12

F. POSTING

13

21. The company will post a notice, attached as Exhibit 1 to this Consent Decree.

14 The notice shall be posted on a centrally located bulletin board for the duration of the Consent

15 Decree.

16

VIII. ENFORCEMENT

17

23. If the EEOC concludes that Windmill Inns has breached this agreement, it

18 may bring an action in the United States District Court for the District of Oregon to enforce

19 this Consent Decree. Before bringing an action for breach of the decree, the EEOC shall

20 first give Windmill Inns thirty (30) days' notice of the perceived breach. The EEOC and

21 Windmill Inns shall use that 30-day period for good faith efforts to resolve the matter.

22

IX. RETENTION OF JURISDICTION

23

24. The United States District Court for the District of Oregon shall retain

24 jurisdiction over this matter for the duration of the Consent Decree.

25

x. DURATION AND TERMINATION

26

25. This decree shall be in effect for three years plus ninety (90) days,

27 commencing with the date the decree is filed. If the EEOC petitions the court for breach of

CONSENT DECREE AND millER OF DISMISSAL· 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 22~
Fax (206) 22Q.6911
!DO (2llt:i) <!2lHia82

1 agreement, and the court finds Windmill Inns to be in violation of the terms of the Consent

2 Decree, the court may extend this Consent Decree for a reasonable period of time.

3

XI. CONCLUSION

4

26. The provisions of this consent decree are not binding on the parties until the

5 authorized representatives of each party sign and the court enters the Consent Decree in

6 the court.

7

The foregoing terms and conditions are agreed upon and stipulated to this ~ s.+-

8 day of Nuvemb::-r, 2001.

9 A. LUIS LUCERO, JR.
10 Regional Attorney

11 KATHRYN OLSON Supervisory Trial Attorney
:12 NANCY MAISANO :~I :;or;:~WI~; J~ pc

GWENDOLYN YOUNG REAMS

~P;.fiFig Def:ll:liy General Counsel

.

D60c..\o-'\ e....

15 Equal Employment Opportunity Commission
Seattle District Office 16 909 First Avenue, Suite 400
Seattle, WA 98104 17 Tel: 206/220-6914

Office of General Counsel 1801 "L" Street NW Washington DC 20507

18 Attorneys for Plaintiff

19

20 P. David Ingalls
Horneker, Cowling, Hassen & Heysell L.L.P. 21 717 Murphy Road
Medford, OR 97204
22
BY: -+---,~~---------------
23

24

25 26

27

CONSENT DECREE AND ORDER OF DISMISSAL - 7

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Qmce Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206) 220-6882

ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION

2

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

3 HEREBY ORDERS THAT the foregoing settlement agreement is approved as the final

4 decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with

5 prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of

6 this matter solely for purposes of enforcing the~Consent D~cre~pproved herein.

: 7

DATED this ,3<>, daYOf?ZC:~
-~~

,2001.

mu.~~~~~~"
10

11

12

13

14

15

16

17

18

19

20

2]

22

23

24

25

26

27

CONSENT DECREE AND ORDER OF DISMISSAL - 8

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
Federal Office Building 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone (206) 220-6883
Fax (206) 220-6911 Tnn (706) 220-6882

 
 District of Oregon - Docket Report

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?487983619881923-L_35...

U.S. District Court District of Oregon (Medford) CIVIL DOCKET FOR CASE #: 1:00-cv-03106-CO

TERMINATED

Equal Employment Opportunity Commission v. Windmill Inns of Date Filed: 09/29/2000

America

Date Terminated: 02/11/2002

Assigned to: Magistrate Judge John P. Cooney

Jury Demand: Plaintiff

Cause: 28:451 Employment Discrimination

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A.Luis Lucero, Jr. Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104 (206) 220-6892 ATTORNEY TO BE NOTICED

Barbara J. Standal Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104 (206) 220-6892 ATTORNEY TO BE NOTICED

C. Gregory Stewart Office of the General Counsel 1801 "L" Street NW Washington, DC 20507 ATTORNEY TO BE NOTICED

Gwendolyn Young Reams Office of the General Counsel 1801 "L" Street NW Washington,, DC 20507 ATTORNEY TO BE NOTICED

Michelle Gonzalez Equal Employment Opportunity Commission Seattle District Office 909 First Avenue, Suite 400 Seattle, WA 98104 (206) 220-6896 TERMINATED: 12/08/2000

1 of 6

5/24/2007 2:54 PM

District of Oregon - Docket Report

V.
Defendant Windmill Inns of America dba Windmill Inn of Ashland

Date Filed

#

2 of 6

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?487983619881923-L_35...
ATTORNEY TO BE NOTICED
Nancy H. Maisano Equal Employment Opportunity Commission 909 First Avenue Suite 400 Seattle, WA 98104 (206)220-6889 Fax: (206)220-6911 Email: nmaisan@eeoc.gov ATTORNEY TO BE NOTICED
Zulema Hinojos-Fall Equal Employment Opportunity Commission Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104-1061 (206) 220-6883 ATTORNEY TO BE NOTICED
represented by Francis T. Barnwell Bullard Smith Jernstedt Wilson 1000 SW Broadway Suite 1900 Portland, OR 97205 (503) 248-1134 Fax: (503) 224-8851 Email: fbarnwell@bullardlaw.com ATTORNEY TO BE NOTICED
P. David Ingalls Hornecker Cowling Hassen & Heysell, LLP 717 Murphy Road Medford, OR 97504 (541)779-8900 Fax: (541)779-2982 Email: pdi@roguelaw.com ATTORNEY TO BE NOTICED
Docket Text
5/24/2007 2:54 PM

District of Oregon - Docket Report

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?487983619881923-L_35...

09/29/2000 10/30/2000 11/29/2000 12/05/2000 12/05/2000 12/07/2000 12/11/2000 12/26/2000 02/02/2001 02/02/2001
02/26/2001 03/05/2001 03/14/2001 03/14/2001 03/14/2001

1 Complaint against Windmill Inns of America. Summons issued as to Windmill Inns of America dba Windmill Inn of Ashland. Filed by Equal Employment Opportunity Commission (Norris, Debbie) (Entered: 09/29/2000)
2 Discovery and Pretrial Scheduling Order: Discovery to be completed by 2/27/2001. Pretrial Order due by 3/29/2001. (Norris, Debbie) (Entered: 10/30/2000)
3 Return of Service Executed upon Windmill Inns of America on 11/13/00. Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 12/01/2000)
5 Motion for Extension of Time to Answer to December 29, 2000.(related document(s)1) Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 12/11/2000)
6 Affidavit of Francis T. Barnwell in Support of Motion to Extend time to answer. (related document(s)5) Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 12/11/2000)
4 Attorney Appearance: substituting Zulema Hinojos-Fall for attorney Michelle Gonzalez. Filed by Equal Employment Opportunity Commission. (Meyer, Craig) (Entered: 12/08/2000)
7 Order Granting Motion for Extension of Time to Answer to December 29, 2000 (Related Doc #5). Signed 12/11/00 by Judge John P. Cooney. (Koble, Wendy) (Entered: 12/11/2000)
8 Answer to Complaint. (Related Doc # 1) Filed by Windmill Inns of America. (Meyer, Craig) (Entered: 12/26/2000)
9 Unopposed Motion for Extension of Discovery & PTO Deadlines for 120 days. Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 02/02/2001)
10 Order Granting Motion for Extension of Discovery & PTO Deadlines for 120 days (Related Doc #9). Discovery to be completed by 6/27/2001. Pretrial Order due by 7/27/2001. Joint ADR Report due by 7/27/2001. Signed 2/2/01 by Judge John P. Cooney. (Koble, Wendy) (Entered: 02/02/2001)
11 Attorney Association: Nancy H. Maisano substituting for Zulema Hinojos-Fall. Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 02/27/2001)
12 Attorney Appearance: of P. David Ingalls for Francis T. Barnwell. Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 03/10/2001)
13 Motion to Compel Discovery and for Sanctions. Response due by 3/28/2001. Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 03/15/2001)
14 Memorandum in Support of Motion to Compel Discovery and for Sanctions. Filed by Equal Employment Opportunity Commission. (Related motion(s)13) (Koble, Wendy) (Entered: 03/15/2001)
15 Declaration of Nancy Maisano in Support of Motion to Compel Discovery and for Sanctions. (related document(s)13) Filed by Equal Employment Opportunity

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https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?487983619881923-L_35...

03/14/2001 03/26/2001 04/09/2001 04/18/2001 06/12/2001 06/13/2001 06/14/2001
06/20/2001 06/26/2001 07/11/2001 07/20/2001
08/07/2001 08/07/2001 08/08/2001

Commission. (Koble, Wendy) (Entered: 03/15/2001)
16 Proposed Document Submitted: Order to Compel Discovery and for Sanctions. Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 03/15/2001)
17 Response to Motion to Compel Discovery and Award Sanctions. Filed by Windmill Inns of America. Reply due by 4/9/2001. (Related motion(s)13) (Koble, Wendy) (Entered: 03/27/2001)
18 Record of Order by Judge John P. Cooney: (related document(s)13)Hearing on Motion to Compel set for 4/18/2001 at 10:00 AM in / by telephone. (Norris, Debbie) (Entered: 04/09/2001)
19 Order Granting Motion to Compel, outstanding discovery is due by April 30, 2001. Denying Motion for Sanctions (Related Doc #13). by Judge John P. Cooney. (Norris, Debbie) (Entered: 04/18/2001)
21 Unopposed Motion for Extension of Discovery & PTO Deadlines for 90 days. Filed by Windmill Inns of America. (Norris, Debbie) (Entered: 06/14/2001)
20 Record of Order by Judge John P. Cooney: Hearing set for 6/27/2001 at 10:00 AM by telephone. (Norris, Debbie) (Entered: 06/13/2001)
22 Order Granting Motion for Extension of Discovery & PTO Deadlines (Related Doc #21). Discovery to be completed by 9/25/2001. Pretrial Order due by 10/25/2001. Joint ADR Report due by 10/25/2001. Dispositive Motions due by 10/25/2001. by Judge John P. Cooney. (Norris, Debbie) (Entered: 06/14/2001)
23 Record of Order by Judge John P. Cooney: Conference set for 7/11/2001 at 09:00AM by telephone, rescheduled from June 27, 2001, regarding discovery. (Norris, Debbie) (Entered: 06/20/2001)
24 Record of Order by Judge John P. Cooney: Conference set for 7/11/2001 at 11:00AM by telephone. (Norris, Debbie) (Entered: 06/26/2001)
25 Record of Proceedings before Judge John P. Cooney: To the extent possible, discovery which defendant has, or has access to, in advance of depositions, is to be provided to plaintiff within 10 days. (Meyer, Craig) (Entered: 07/12/2001)
26 IT IS ORDERED that defendant produce the comparator files which were requested in plaintiff's request for production and the subpoena duces tecum issued to Patricia Harkins, with the following information redated from the individuals' files: social security numbers, dates of birth, and tax records. Signed 7/20/01 by Judge John P. Cooney. (Norris, Debbie) (Entered: 07/23/2001)
27 Minute Entry: Record of Order -- Settlement Conference set for 8/29/2001 at 09:00AM in Eugene. (Attachments: # 1) Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 08/07/2001)
28 Minute Entry: Record of Order -- Settlement Conference set for 8/29/2001 continued from 9:00 to 10:15AM in Eugene. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 08/07/2001)
29 Minute Entry: Record of Order -- Hearing set for 8/9/2001 at 02:00 PM by Telephone on Plaintiff EEOC's Motion to Compel Discovery and for Sanctions.

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District of Oregon - Docket Report

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?487983619881923-L_35...

08/09/2001 08/09/2001 08/09/2001 08/09/2001 08/09/2001 08/14/2001 08/16/2001 10/11/2001
10/19/2001 10/22/2001 10/22/2001 10/22/2001 10/24/2001

Ordered by Judge John P. Cooney. (Norris, Debbie) (Entered: 08/08/2001)
30 Motion to Compel Discovery and for Sanctions. Filed by Nancy H. Maisano on behalf of Equal Employment Opportunity Commission. (Norris, Debbie) (Entered: 08/09/2001)
31 Memorandum in Support of Motion to Compel Discovery and for Sanctions. Filed by Nancy H. Maisano on behalf of Equal Employment Opportunity Commission. (Related document(s)30) (Norris, Debbie) (Entered: 08/09/2001)
32 Declaration of Nancy Maisano in Support of EEOC's Motion to Compel. Filed by Nancy H. Maisano on behalf of Equal Employment Opportunity Commission. (Related document(s)30) (Norris, Debbie) (Entered: 08/09/2001)
33 Response to Motion to Compel Discovery and for Sanctions. Filed by P. David Ingalls on behalf of Windmill Inns of America. (Related motion(s)30) (Norris, Debbie) (Entered: 08/09/2001)
34 Record of Hearing: Order Taking Under Advisement Plaintiff's Motion to Compel (Related Doc #30) by Judge John P. Cooney. (Norris, Debbie) (Entered: 08/09/2001)
35 CIVIL MINUTES:Record of Order -- Settlement Conference set for 10/11/2001 at 09:30AM in Eugene. (Attachments: # 1) Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 08/14/2001)
36 ORDER:Order Granting in part, Denying in part Motion to Compel (Related Doc #30) by Judge John P. Cooney. (Norris, Debbie) (Entered: 08/16/2001)
37 CIVIL MINUTES:Record of Proceedings -- Settlement conference held. Case settles. The parties shall submit a stipulated order of dismissal to the court. The court shall retain jurisdiction over the settlement agreement. Ordered by Judge Thomas M. Coffin. Counsel Present for Plaintiff: Nancy Miasano. Counsel Present for Defendant: David Ingalls. Court Reporter: Deb Wilhelm (settlement agreement only). (cw, ) (Entered: 10/11/2001)
38 CIVIL MINUTES:Record of Order -- Status Conference set for 10/23/2001 at 09:30AM by Telephone re: proposed consent decree. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/19/2001)
39 CIVIL MINUTES:Record of Order -- Continuing Status Conference from 10/23/01 to 10/25/2001 at 09:30AM by Telephone. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/22/2001)
40 CIVIL MINUTES:Record of Order -- At the court's request, Status Conference advanced from 10/25/01 to 10/24/2001 at 01:00PM by Telephone. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/22/2001)
42 Transcript of Proceedings held on October 11, 2001, before Judge Thomas M. Coffin. Court Reporter: Deborah Wilhelm. (Norris, Debbie) (Entered: 10/29/2001)
41 CIVIL MINUTES:Record of Proceedings -- Telephone status hearing held regarding consent decree. Ordered proposed consent decree shall be submitted

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District of Oregon - Docket Report

https://ecf.ord.uscourts.gov/cgi-bin/DktRpt.pl?487983619881923-L_35...

10/29/2001 11/01/2001 11/30/2001

the court for approval. Ordered by Judge Thomas M. Coffin. Counsel Present for Plaintiff: Barbara Standal, Nancy Maisano. Counsel Present for Defendant: David Ingalls. (cw, ) (Entered: 10/24/2001)
43 CIVIL MINUTES:Record of Order -- Status Conference set for 11/1/2001 at 09:30AM by Telephone. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/29/2001)
44 CIVIL MINUTES:Record of Order -- Vacating telephone status hearing set 11/1/01, based upon counsel notifying the court that this action is settled. The parties shall submit a stipulated order of dismissal to the court. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 11/01/2001)
45 Consent Judgment: Order of Dismissal, Signed 11/30/01 by Judge John P. Cooney (Norris, Debbie) (Entered: 11/30/2001)

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 FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

Hiring
In EEOC v. Windmill Inns of America, the Commission alleged that a hotel refused to hire an applicant as a receptionist because she is blind. The applicant had worked five years in a similar position for an international hotel chain. Additionally, the Oregon Commission for the Blind had offered to provide a technical consultant, adaptive equipment and any training required to help her do the job. The hotel agreed to pay the applicant $35,000 in compensatory damages.

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