Case 6:05-cv-06365-CJS-JWF Document 1 Filed 07/13/2005 Page 1 of 5

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

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

:

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff

:

:

v .

:

:

HIGHLAND HOSPITAL OF

:

ROCHESTER, INC.,

:

STRONG HEALTH MCO IPA INC.,

:

STRONG HEALTH MCO, LLC, &

:

STRONG PARTNERS HEALTH SYSTEM,INC.:

:

Defendants.

:

:

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

Civil Action No.
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of national

origin and to provide appropriate relief to Julio Brito, Jorge Cruz, Claudina Chavez, Maria Lugo,

Janette Nunez and a class of similarly situated Hispanic employees adversely affected by such

practices (collectively, “the Claimants”). As alleged with greater particularity in paragraph eight

(8) below, Defendants Highland Hospital of Rochester, Inc. (“Highland Hospital”), Strong

Health MCO IPA, Inc., Strong Health MCO, LLC and Strong Partners Health System, Inc. (the

“Strong Health Defendants”) (collectively the “Defendants”) engaged in a pattern or practice of

discrimination against the Claimants by maintaining an English-only/No-Spanish rule and

otherwise discriminating against them in regard to their terms, conditions or privileges of

employment, all in violation of Title VII.

Case 6:05-cv-06365-CJS-JWF Document 1 Filed 07/13/2005 Page 2 of 5
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 Section 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e5(f)(1) and (3) and § 2000e-6 ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Western District of New York.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (hereinafter “EEOC” or “the Commission”), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Sections 706(f)(1) and (3) and Section 707 of Title VII, 42 U.S.C. §§ 2000e5(f)(1) and (3) and § 2000e-6. 4. Defendants have been doing business in the State of New York at all relevant times. 5. Defendant Highland Hospital, at all relevant times, has had at least fifteen employees. The Strong Health Defendants, at all relevant times, have collectively had at least fifteen employees. 6. At all relevant times, Defendants have each continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).

Case 6:05-cv-06365-CJS-JWF Document 1 Filed 07/13/2005 Page 3 of 5
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Julio Brito, Jorge Cruz, Claudina Chavez, Maria Lugo and Janette Nunez filed charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least February, 2003, Defendants have engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e. These practices include, but are not limited to, the following:
a) Defendants instituted an unlawful English-only/No-Spanish Rule in the Environmental Services Department (“ESD”) of Highland Hospital.
b) Defendants’ management repeatedly instructed employees, including but not limited to the Claimants, not to speak in Spanish, and to only speak in English, in the ESD. Additionally, Defendants formally disciplined at least five Hispanic employees, in writing, for speaking in Spanish.
c) Defendants’ enforcement of the English-only/No-Spanish Rule constitutes disparate treatment of Hispanic employees.
d) Defendants permitted employees in other areas of Highland Hospital to speak in languages other than English and Spanish.
e) Defendants’ English-only/No-Spanish Rule was not justified by business necessity and had an adverse disparate impact on Hispanic employees.
3

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9. The effect of the practices complained of above has been to deprive the Claimants of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin, Hispanic.
10. The unlawful employment practices complained of above were intentional. 11. At all relevant times, Defendants have acted with malice or reckless indifference to the federally protected rights of the Claimants.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practices that discriminate on the basis of national origin; B. Order Defendants to institute and carry out policies, practices and programs that provide equal employment opportunities for all employees, regardless of national origin, and that eradicate the effects of Defendants’ past and present unlawful employment practices; C. Order Defendants to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at trial; D. Order Defendants to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for non-pecuniary losses, including pain, suffering and humiliation, in amounts to be determined at trial; E. Order Defendants to provide punitive damages for its malicious and/or reckless conduct, in amounts to be determined at trial;
4

Case 6:05-cv-06365-CJS-JWF Document 1 Filed 07/13/2005 Page 5 of 5

F. Grant such further relief as the Court deems necessary and proper;

G. Award the Commission its costs in this action.

JURY TRIAL DEMAND

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

Dated: New York, New York July 12, 2005

Respectfully submitted,

Eric S. Dreiband General Counsel

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

s/ Elizabeth Grossman Elizabeth Grossman Acting Regional Attorney

s/ Nora E. Curtin Nora E. Curtin Acting Supervisory Trial Attorney

s/ Sunu P. Chandy Sunu P. Chandy Senior Trial Attorney

New York District Office 33 Whitehall Street, 5th Floor
New York, New York 10004
Phone: 212-336-3706
Fax: 212-336-3623

5

 
 Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 1 of 15

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
---------------------------------------------------------------x

EQUAL EMPLOYMENT OPPORTUNITY COMM ISSION,
)'iaintiff

Civil Action No. 05 Cv 6365 (CJS) (I')

HIGHLAND HOSPITAL OF ROCHESTER, INC., ST RONG HEALTEI MCO IPA INC., STRONG HEALTH MCO, LLC, & STRONG PARTNERS HEALTH SYSTEM,INC.:
Defendants.
--------------x

CONSENT DEC REE

Thi s cause of action was initiated on July 13,2005, by the Equal Employment Opportunity Commission (hereinafter "EEOC"), an agency of the United States Government, alleging that Defendants, Highland Hospital of Rochester, Inc. r~i ghland Hospital"), Strong
Health Mea IPA , Inc. , Strong Health Mea, LLC and Strong Partners Health System, Inc. (the
"Strong Health Defendants") (collectively the "Defendants") engaged in a pattern or practice of di scrimi nation by maintaining an English-on lylNo-Spani sh rule and othcnvi se di scriminating against Hispanic employees in regard to their terms , conditions or privileges of employment, all in violation of Title VII. Thi s case was brought on behalf of Charging Parties: Julio Brito, Jo rge Cruz, Claudina Chavez, Maria Lugo and Janette Nunez as well as a class of simi larly situated Hi spanic employees adversely affected by such practices (collectively. "the Claim ants").

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 2 of 15
The all egations state that at least from February 2003, Defendants have engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e, including but not limited to the follow ing:
a) Defendants instituted an unlawful English-onlylNo-Spanish Rule in the Environmental Services Department ("ESD") of Highland Hospital.
b) Defendants' management repeatedly instructed employees, including but not limited to the Clai mants, not to speak in Spanish, and to only speak in English, in the ESD. Additionally, Defendants fonnally disciplined at least five Hispanic employees, in writing, for speaking in Spanish.
c) Defendants' enforcement of the English-onlylNo-Spanish Rule constitutes disparate treatment of Hi spanic employees.
d) Defendants pennitted employees in other areas of Highland Hospital to speak in languages other than English and Spanish.
e) Defendants ' English-onl ylNo-Spanish Rulc was not justified by business necessity and had an adverse di sparate impact on Hi spanic employees.
EEOC and Defendan ts agree that it is in their mutual interest to fully resolve the matter without further litigation. Defendants deny all allegations of discri mination in this matter.
EEOC and Defendants do hereby stipUlate and consent to the entry of this Decree as fin.al and binding between the parties signatory hereto and their assi!:,'lls or successors.
This Decree resolves all matters rai sed in the EEOC Complaint filed herein. The Decree 111 no way affects EEOC's rights to process any future charges that may be filed against Defendants, and to commence ci vil actions on any such charges.
The part ies have agreed that this Decree may be entered without Findings of Fact and Concl usions of Law having been made and entered by the Court.
In consideration of the mutual promises of each party to thi s Decree, the suffici ency of which is hereby acknowledged, and the execution of separate agreements between Defendants and each Claimant, it is agreed and IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS :
2

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 3 of 15

1. This Decree reso lves all of the issues raised by the EEOC Complaint and the

following EEOC Charges: Julio Brito (165-2003-00 174), Jorge Cruz ( 165-2004 -00177) Claudina

Chavez (165-2004-00178), Maria Lugo (165-2004-00179) and Janette Nunez (165-2004-00180)

2. The parties agree that the federal court has jurisdiction to enforce this Decree.

The parties agree that they will not contest jurisdiction to enforce thi s Decree on any grounds,

including subject matter jurisdiction, venue, or failing to meet administrative prerequisites. Any

party may bring an t;:nfun;ClIlcnl su it upon breach of any of the tenns of this Decree by any other

party. Nothing in this Decree shall be construed to preclude EEOC from bringing proceedings to

enforce this Decree in the event that Defendants fail to perfonn any of the respective promises

and representations contained herein.

3.

Defendants wi ll not di scrim in ate against any of their empl oyees because of their

national origin. Specifically, Defendants will be enjoined from implem enting any "Engli sh-

Onl y" or "No Spanish" policies, or from instituting any restrictive language policies for the

duration of thi s Decree.

4.

Defendants arc enjo ined from retaliating against any individual who has

participated in this matter in any regard.

5. A total of $200,000 in compensatory damages and attorneys' fees will be paid to

resolve this mattcr withi n fourteen ( 14) days of thc entry of the Decree. These funds will be

divided amongst the five Charging Parties and three additional Claim ants, Noel Huerta, Jose

Justiniano and Francisco Miranda. Defendants will provide each Claimant wi th a 1099 tax fonn

reflecting the appropriate amount as detailed in Exhibit A (filed under seal). Defendants will

provide EEOC with documentation confinni ng the payments made within three (3) days of

payment. The letter may be faxed to EEOC, Attn. Sunu P. Chandy, Facsimile No. 2 12-336-3623.

3

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 4 of 15
6. Within seven (7) days of the entry of th is Decree, Defendants will rescind and remove any disciplinary notices given to employees in the Environmental Services Department which relate to the speaking of Spanish in the workplace. Specifically, these notices include but arc not limited to the July 14,2003 " Written Warning Report" given to Nunez, the July 16,2003 wri tten disciplinary documents entitled "Verbal Warning" given to Cruz, Chavez and Lugo and the July 17,2003 "Verbal Warning" given to Miranda. Defendants wiII also remove and rescind
portioll s or the Department's Spri ng 2003 "Action Plan for Environmenta l Services" that contain
language restrictions. Defendants wi ll provide EEOC with a confi nni ng letter containing a complete li st of the rescinded disciplinary documents within seven (7) days of entry of the Decree. nle letter may be faxed to EEOC, Attn. Sunu P. Chandy, Facsimile No. 212-336-3623.
7. Defendant Highland Hospital will implement and distribute the Non-Harassmentl Non-Discrimination Policy (" Policy") to all of their employees within thirty (30) days of the entry of the Decree. Thi s Policy is attached at Exhibit 8. The Policy includes information about national origi n discrimination including language and accent discrimination and some appreciation for and acknowledgement of the languages and cultures represented in the workforce. This Policy also includes the following cl ement s: (a) a clear explanation of proh ibited conduct; (b) the assurance that cmployees who make complaints of di scri mination or provide infomlMion related to such compl aints will not be retali ated agai nst; (c) a clearly described complaint process that provides accessible avenues of complaint; (d) the assurance that Defendants will accept any and all complaints fTom employees who wish to file internal compl aints; (c) the assurance that Defendants will protect the confidentiali ty of complaints to the extent possible; (t) a complaint process that provides a prompt, thorough, and impartial investi gation; (g) the assurance that Defendants wi ll take imm ediate and appropriate corrective action when it delennincs that discrimination has occurred; and (h) an assurance that Defendants
4

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 5 of 15
wi ll inform com plainants of the outcome of investigations within a reasonable amount oftime. 8. Defendant Highl and Hospital will provide traini ng regarding the Policy for all of
their management and non-management employees as follows: A. Defendant Highland Hospital will provide two (2) hours of annual traini ng
regarding the Non-Harassment! Non-Discri mination Policy and Procedures fo r all management and non-management employees for the duration of the Decree. Defendant will compl ete the fir~t ~d uf annual training sessions within ninety (90) days of thc cntry of the Decree and will provide the training annually thereafter by the anniversary date of the Decree. The first year of training will be provided by the independent outside entity, Teaching and Trai ni ng by Design. Defendant will provide written notice to EEOC that the traini ng sessions have been completed withi n seven (7) days of the compl etion of each year's training sessions. This notice may be faxed to EEOC, Attn. Sunu P. Chandy, Facsimile No. 212-336-3623.
B. Defendant Highland Hospi tal will provide four (4) additional hours of annual training regarding their Non-Harassment! Non-D iscrimination Poli cy and Procedures for all management staff fo r the duration of the Decree. The first year's training will be provided by Teaching and Traini ng by Design. This training shall be compl eted within thirty (30) days of the entry of the Decree. The annual training thereafter shall be provided by a thi rd party approved by EEOC, for e~ch year of the Decree. Defendant will provide written notice to EEOC that the trai ning sessions have been completed within seven (7) days of the com pletio n of each year's training sessions. This notice may be faxed 10 EEOC, Attn. Sunu P. Chandy, Facsimile No. 2 12336-3623.
C. As part of their initial orientation, Defendant Hi ghland Hospital will provide ncw empl oyees with a copy of the Policy. A representat ive of Defendants' management will spend a mi nimum of thirty (30) minutes reviewing the Non- HarassmentINon-Discrimination
5

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 6 of 15
Pol icy and Procedures with the new employee and document this meeting for the individual' s personnel file.
9. Every six (6) mo nths following the entry of th is Consent Decree, and continuing throughout the life of the Decree, Defendants will report in writing to the Commission's counsel of record concerning the implementation of thi s Decree. The first report will be due six (6) months after the entry of the Decrcc. The report will include the followi ng infonnation: Copies of any formal or in forma l complaints of language related discrirninaLioll <Illd/or retaliation made by any employee, including but not limited to internal complaints, admini strative charges, and lawsuits, and for every complaint, whether oral or written, the name of the complainant, and a detailed explanation of Defendants' actions taken in response to the complaint, including any investigative and correcti ve measures taken. If there have been no such complaints, Defendants will confinn thi s in writing every six (6) months fo ll owing the entry of the Decree. The letter may be faxed to EEOC, Attn. Sunu P. Chandy, Facsimile No. 2 12-336-3623 .
10. The Commission may monitor compliance during the duration of this Decree by inspection of Defendant s' premises and records, and by interviewing their employees. Upon five days notice, Defcndants will make available any facili ty for inspection and make avai lable for inspection and copying any records or witnesses.
I I . Within five (5) days of the entry of this Decree, Defendant Highland Hospital will post the Policy and "Notice to Employecs" at a place accessible to all of its employees. See Notice attached as Exhibit C.
12. Each party to thi s Decree shall bear its own attorneys' fees and costs in this action.
6

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 7 of 15

13. This Decree cons titutes the complete understanding among the parties to this

Decree. No other promises or agreement shall be binding unl ess agreed to in writ ing and signed

by these parties.

14. This Decree will remain in effect for three (3) years from the date of entry.

Dated: _L-{+1~'_f-o+!_Ob___
"

FOR PLAINTIFF EEOC
t,

Sunu P. Chandy, Seni or Tri al A 33 Whitehall Street, 5111 Floor New York, New York 10004 Telephone No. 212-336-3706 Facsimile No. 212-336-3623
FOR DEFENDANTS
~e . k~
Todd R. Shinaman Nixon Peabody LLP Clinton Square, PO Box 31051 Rochester, New York 14603 -1 051 Telephone No. 585-263-1583 Facsimi le No. 585-263- 1600
For Defendants HIGHLAND HOSPlTAL OF ROCHESTER, INC, STRONG HEALTH MCO fPA , INC, STRONG HEALTH MCO, LLC, and STRONG PARTNERS HEALTH SYSTEM, INC
SO ORDERED, ADJUDGED, AND DECREED,
Signed this L day of 11(J '( , 21)D~

7

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Exhibit A

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 9 of 15 EX HIBIT A - (Filed Under Sea l)

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 10 of 15
Exhibit B

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 11 of 15 EXHIBIT B

HIG H LAND H OSPITAL

ifr; STRONG

'i EAl TH

POLICY # 44
Volume II : Human Resources

Non-Harassment/Non- Discrimination

Issued By:
POLICY:

Approved BV:

Date Reissued:

May 2006
It IS the H osp.ital,s aIm to provi.de an mcl uslve sethng, w hIch IS

characterized by respect for the individual and encouragement to develop his or h er full

potentiaL The Hospital seeks to provide a setting w hich respects diversity of

individuals and groups, appreciates the value of a workforce enriched by the points of

view of those from different cultures, and which promotes intellectual and personal

development among staff, patients and guests. The Hos pital is committed to equal

opportunity for all persons regardl ess of age, colOf, disability, ethnicity, marital status,

national origi n, race, religion, sex, sexual orientation, veteran statu s or any other status

protected by law. Further, the Hospital co mplies w ith all a ppl icable non-discrimina tion

laws in the administration of its policies, programs and activities. Decisions in

recruitment, appointments, hiring, promotions, transfers, and opportunities for training

and other employmen t decisions are made withou t regard to the above ca tegories,

except w here th ere is a verifiable occupational requirement.

The Hospital w ill not tolera te any behavior, including verba] or p hysical cond uct, which constitu tes discriminati on or harassment in any form. All members of the H ospital community are accountable for compliance with this policy. The Hospital is committed to assisting v ictims of harassment and d isc rimination wherever they occur in the Hospital commu nity by taking corrective actions against violations of this policy.

ViolMi ons may lead to disciplinary action, which may include separation from the Hospital.

I. EXAMPLES OF HARASSMENT

A. Racial and Eth nic Harassment

The Hospital regards as racial harassment any verbal or physical act, which is intended to cause or could reasonably be expected to cause individuals or groups to fee l intimidated, demeaned, or abused beca use of their racial or ethnic backgrou nd or national o rigin. Indicators of racial harassment include but are not limited to:
• negative comments about an individual because of an accent and /or pnmary language;

Case 6:05-cv-06365-CJS-JWF Docum- e2n-t 10 Filed 05/09/2006 Page 12 of 15
• unfairness towa rd others beca use of an accent and / or primar y language; • racial o r etlmic g raffiti, pictures, or cartoons; • racial or ethnic jokes or stereotyping activities; • racially or ethnically degrading and deroga tory words, epithets, statements, o r
physical acts.
B. Sexual Harassment
The Hospital regards as sexual harassment unwelcome conduct of a sexual na ture w hich: 1) involves the misuse of autho rity in an a ttempt to obtain personal benefits or favors, 2) a reasonable person w ould regard as so severe, persistent or pervasive as to d isrupt the learning or w orking envi ronment o r unreasonably interferes w ith an indi vidu al's work performance, or 3) creates an intimidating, offensi ve or hostile work or environment.
Under this definition and depending o n the circumsta nces, the following is a no nexclusive list of the types of behavior w hich might be considered sexual harassment:
• comments abo ut an individual's bod y, clo thing or lifestyle which have sexual implica tions or which demean that indiv idual's sexuality or gender; • repea ted offensive sexua l flirtations, leering or ogling; • inappropriate a nd offensive sexual advances and propositions; • dis p lay of sexu ally demeaning objects, pictures • im plied or direct threats or insinua tions that an individual's refusal to submit to sexua l advances w ill adversely affect the indi vidual's status, evalua ti on, wages, advancement, duties or ca reer development; • soHcitation of sexual activity or behav ior by p romise of rew ards to the individ ual's performance, evaluation, w ages, advancement, assigned duties o r career develo pment; • unnecessary to uching, patting, pinching, or brus hi ng ano ther's body o r clothing; • stal king, telephone or computer harassment" sexual assault.
II. COMPLAINT PROCEDURE
A. Employees who believe that they have been harassed or discriminated against should immediately notify their manager, or if no t appropria te, Kathleen Gallucci, Direc tor of Human Resources (Office E225A; Phone 341-0118), Allen lbrisimovic, Director of Human Resources (Office E225B; Pho ne 341-8041) or Cindy Becker, VPj Chief Operating Officer (Office Phone 341-6711).
B. The Hos pital w ill take prom pt and appropriate action in response to any alleged o r observed incident of harassment or discrimination. Such action must include a thorough and impa rtiaJ investigatio n of the complaint, determination of the facts, a nd immediate and a ppropriate corrective ac tion w hen it is determined that discrimination has occ urred.

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 13 of 15 -3-
C. There w ill be no d iscrimination o r retaliation against any employee for making a report of harassment.
D. All internal investiga tions to resolve complaints of harassment shall be conducted confide ntiall y to the extent feas ible.
E. The H os pital will info rm the complaina nts of the outcome of the investiga tion w ithin a reasonable amo unt of time.
III. CO NSEQUENCES
A. Any employee who violates this policy w ill be subject to di sciplinary action up to, and including di scharge. Should a non-employee harass an employee, a ppropriate acti on will be taken based his/ her affili ation with Hi ghl and.
B. Super visors observing or learning of any harassment s hall take immediate action to s top it and re port the incident to Kathleen Gallucci, Director of Human Resources (Office E225A; Phone 341-0118), Allen Ibrisimovic, Directo r of Human Resources (Office E225B; Phone 341-8041) or Cindy Becker, VP/Chief O pera ting Officer (Office S206; Phone 341-6711).
C. Any mana ger or supervisor who is mad e aware of harassment and fails to take corrective action p u rs uant to this p olicy will be s ubject to d iscipline up to, and includ ing, d ischarge.

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Exhibit C

Case 6:05-cv-06365-CJS-JWF Document 10 Filed 05/09/2006 Page 15 of 15

EXHIBIT C

U.S. EQ UAL EMPLOYM ENT OPPORT UN ITY COMMISSION NOTICE TO EMPLOYEES

This notice is being posted pursuant to a Consent Decree entered in resoluti on of a lawsuit brought on Jul y 13,2005 by the U.S. Equal Employment Opportuni ty Commission
(" EEOC") against Hi ghland Hospital of Rochester, Inc. , Strong Health Mea IPA, Inc., Strong Health Mea, LLC and Strong Partners Health System, Inc., Civil Action No. 05 Cv 6365. In
the lawsui t EEOC all eged that Defendants engaged in a pattern or practice of discrimination by maintaining an Engli sh-onlylNo-Spanish rule and othenvise discriminating against Hispanic employees in regard to their tenns, conditions or privileges of emp loyment, all in violation of Title VI I. De fendants deny all allegations of discri mination in this matter.
Federal law prohibits employers from discri minating against applicants and employees based on national ori gi n, religion, race, color, sex, age or disability. Defendants will comply with all laws prohibiting discrimination in the workplace and prohibit any manager, employee, officer or agent from discriminating against any individual on any prohibited basis under federal employment discri mination law. Defendants will not retal iate against any individual who asserts hi s or her ri ghts under these laws.
Hi ghland Hospi tal has implemented an Anti-discrimination Policy ("Policy") which contains infonnation about national origin discrimination including language and accent discrimi nation and appreciation for and acknowledgement of the languages and cultures represented in the workplace. The Hospital will conduct traini ng for management and nonmanagement employees regardi ng their rights and responsibi lities under thi s Poli cy.
If you have a complaint of discrimination or harassment, you may report it to a Supervisor or to the Directors of Human Resources, Kathleen Gall ucci (Office E225A; Telephone 585-341 -0 118) or All en Ibrisimovic (Office E 2258; Telephone No. 585-34 1-804 1). You may also call :
Equal Employment Opportunity Commission National Call Center 800-669-4000

T HI S IS AN OFFICIAL NOTI C E AN D SHALL NOT BE DEFACED BY ANYONE Th is notice must remain posted fo r three years from the date of posting, until _____, 2009.

Signed: ~c-=--c--=-=-=--c--==-­
Cindy Becker, Chi ef Operating Officer

 
 CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?376918748032943-L_...

CASREF, CLOSED, CLOSED_2006, JWF
U.S. DISTRICT COURT WESTERN DISTRICT OF NEW YORK [LIVE] (Rochester)
CIVIL DOCKET FOR CASE #: 6:05-cv-06365-CJS-JWF

Equal Employment Opportunity Commission v. Highland Hospital of Rochester, Inc. et al Assigned to: Hon. Charles J. Siragusa Referred to: Hon. Jonathan W. Feldman Cause: 28:451 Employment Discrimination

Date Filed: 07/13/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sunu P. Chandy EEOC 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3706 Fax: 212-336-3623 Email: sunu.chandy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nora E. Curtin U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004-2112 212-336-3693 Fax: 212-336-3623 Email: nora.curtin@eeoc.gov TERMINATED: 01/09/2006

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5/30/2007 2:42 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?376918748032943-L_...

V. Defendant Highland Hospital of Rochester, Inc.
Defendant Strong Health MCO IPA Inc.
Defendant Strong Health MCO, LLC
Defendant Strong Partners Health System, Inc.
2 of 4

represented by Jill K. Schultz Piper Schultz LLP The Powers Building, Suite 730 16 W. Main Street Rochester, NY 14614 US 585-278-1882 Fax: 866-572-0422 Email: jschultz@piperschultz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd R. Shinaman Nixon Peabody LLP Clinton Square P.O. Box 31051 Rochester, NY 14603 (585) 263-1583 Fax: 585-263-1600 Email: tshinaman@nixonpeabody.com TERMINATED: 09/21/2006
represented by Jill K. Schultz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd R. Shinaman (See above for address) TERMINATED: 09/21/2006
represented by Jill K. Schultz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd R. Shinaman (See above for address) TERMINATED: 09/21/2006
represented by Jill K. Schultz (See above for address) LEAD ATTORNEY
5/30/2007 2:42 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?376918748032943-L_...

ATTORNEY TO BE NOTICED
Todd R. Shinaman (See above for address) TERMINATED: 09/21/2006

Date Filed 07/13/2005 07/13/2005 09/12/2005 09/12/2005 09/14/2005 09/14/2005 10/12/2005 10/12/2005 10/12/2005 03/20/2006 03/21/2006 04/28/2006 05/09/2006

#

Docket Text

1 COMPLAINT against Highland Hospital of Rochester, Inc., Strong Health MCO IPA Inc., Strong Health MCO, LLC, Strong Partners Health System, Inc., filed by Equal Employment Opportunity Commission.(JHF) (Entered: 07/13/2005)
Summons Issued as to Highland Hospital of Rochester, Inc., Strong Health MCO IPA Inc., Strong Health MCO, LLC, Strong Partners Health System, Inc. (JHF) (Entered: 07/13/2005)
2 ANSWER to Complaint by Highland Hospital of Rochester, Inc..(Shinaman, Todd) (Entered: 09/12/2005)
3 AMENDED DOCUMENT by Highland Hospital of Rochester, Inc.. Amendment to 2 Answer to Complaint Amended Certificate of Service. (Shinaman, Todd) (Entered: 09/12/2005)
4 STIPULATION AND ORDER granting extension of time to answer or otherwise respond to complaint to 10/12/05. Signed by Hon. Charles J. Siragusa on 9/14/05. (KAR, ) (Entered: 09/14/2005)
Answer due date updated as to Strong Health MCO IPA Inc. answer due 10/12/2005; Strong Health MCO, LLC answer due 10/12/2005; Strong Partners Health System, Inc. answer due 10/12/2005. (KAR, ) (Entered: 09/14/2005)
5 ANSWER to Complaint by Strong Health MCO IPA Inc..(Shinaman, Todd) (Entered: 10/12/2005)
6 ANSWER to Complaint by Strong Health MCO, LLC.(Shinaman, Todd) (Entered: 10/12/2005)
7 ANSWER to Complaint by Strong Partners Health System, Inc..(Shinaman, Todd) (Entered: 10/12/2005)
8 ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Charles J. Siragusa on 3/20/06. (JHF) (Entered: 03/20/2006)
9 ORDER Scheduling Conference set for 5/3/2006 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 3/21/2006. (RO) (Entered: 03/21/2006)
NOTICE: Scheduling conference scheduled for 5/3/2006 is adjourned pending settlement. (RO) (Entered: 04/28/2006)
10 CONSENT DECREE. Exhibit A filed under seal. Signed by Hon. Charles J. Siragusa on 5/9/05. (KAR, ) (Entered: 05/09/2006)

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CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?376918748032943-L_...

09/21/2006

11 NOTICE of Appearance by Jill K. Schultz on behalf of all defendants (Attachments: # 1 Certificate of Service)(Schultz, Jill) (Entered: 09/21/2006)

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 EEOC LITIGATION SETTLEMENT REPORT - May 2006

http://www.eeoc.gov/litigation/settlements/settlement05-06.html

EEOC v. Highland Hospital of Rochester, Inc., and Strong Health MCO IPA, Inc. No. 05 CV 6365 (W.D.N.Y. May 9, 2006)
The New York District Office filed this Title VII case alleging that Highland Hospital, an acute care hospital in Rochester, New York, and Strong Health, a hospital network in which Highland Hospital participates, imposed an English-only policy upon members of the environmental services (housekeeping) department and disciplined employees of Puerto Rican and Cuban national origin for violating it. Highland Hospital imposed the blanket English-only policy colloquially referred to as the "no Spanish" rule on the housekeeping department employees in 2003. At the time, defendant knew that some of the housekeeping employees were fluent only in Spanish. When three of the charging parties had interviewed with defendant, the housekeeping supervisor, also a CP, translated for them because she was bilingual in English and Spanish. The "no Spanish" rule made it difficult for the Spanish-speaking housekeeping employees to understand instructions, such as which rooms to clean. Defendant issued a written warning to the housekeeping supervisor for saying goodbye to employees in Spanish when she was clocking out for the day. It also gave written warnings to the three CPs on her staff for speaking Spanish in front of employees who did not understand Spanish. The fifth CP, a lab assistant whose primary language was Spanish and who was married to the housekeeping supervisor, had to obey the "no Spanish" rule when he visited his wife during breaks.
Under the 3-year consent decree resolving the case, the five CPs and three additional claimants will share $200,000 in monetary relief. The decree prohibits defendants from discriminating against any of their employees because of national origin and enjoins them from instituting any English-only or other restrictive language policy for the duration of the decree. The decree requires defendants to rescind and remove any disciplinary notices given to employees in the housekeeping department which relate to speaking Spanish at work.

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