IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE WESTERN DISTRICT OF TEXAS AUG 262003

MIDLAND-ODESSA DIVISION

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WESTERN 0 ST

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EQUAL EMPLOYMENT OPPORTUNITY )

BY

F TEXAS

COMMISSION,

)

Plaintiff,

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) CIVIL ACTION NO.

03-

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v.

)

)

ASSOCIATES OF MIDLAND

) COMPLAINT

CARDIOVASCULAR AND INTERNAL

)

MEDICINE, P.A. D/B/A

)

THE HEART CENTER AND

) Jury Trial Demand

HEART PLACE HOSPITAL, L.P.,

)

)

Defendants.

)

----------------------------)

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 bases of sex, female,

and retaliation, and to provide appropriate relief to Martina Smart, who was adversely affected by

such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that

Defendants, Associates of Midland Cardiovascular and Internal Medicine, P.A. d/b/a The Heart

Center and Heart Place Hospital, L.P. (collectively referred to as "Defendants"), engaged in

discriminatory employment practices by subjecting Martina Smart to sexual harassment, in violation

of Section 703(a) of Title VII, and by retaliating against Martina Smart for complaining of sexual

harassment, in violation of Section 704(a) of Title VII.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451, 1331, 1337, 1343

\

and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 US.C. § 2000e-5(f){l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 US.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction ofthe United States District Court for the Western District of Texas, Midland/Odessa Division.
PARTIES 3. Plaintiff, the Commission is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706 (f) (1) and (3) of Title VII, 42 US.C. § 2000e-5 (f) (1) and (3). 4. At all relevant times, Defendants, have continuously been a Professional Association or a Limited Partnership doing business in the State of Texas and the City of Midland. Defendants have operated as an integrated employer and have continuously had at least 15 employees. 5. At all relevant times, Defendants have 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). STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Martina Smart filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least February 2000, Defendants engaged in unlawful employment practices at their Heart Center facility, in violation ofSection 703(a)(1) ofTitle VII, 42 U.S.c. §2000e-2(a)(1),

Plaintiff's Original Complaint

Page 2

and in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a). More specifically, Defendants employed Martina Smart at The Heart Center, and
a. Since at least February 2000, Defendants subjected Martina Smart to a hostile work environment, when it subjected her to regular, egregious sexual harassment of a verbal and physical nature; and
b. After she complained of the harassment by filing a complaint of discrimination with the Commission's area office in El Paso, she was discharged in retaliation for protesting the sexual harassment.
8. The effect of the practices complained of in paragraph seven above has been to deprive Martina Smart of equal employment opportunities and to otherwise adversely affect her status as an employee, because of her sex and for protesting the sexual harassment.
9. The unlawful employment practices complained of in paragraph seven above were intentional.
10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of Martina Smart.
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 retaliation and from any other employment practice which facilitates, condones, or encourages retaliation, and from any other employment practice which discriminates on the basis of retaliation;

Plaintiff's Original Complaint

Page 3

- - - - -...-~---------~

B. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from sUbjecting their female employees to a sexually hostile work environment because oftheir sex and from any other employment practice which discriminates on the basis of sex;
C. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects oftheirpast and present unlawful employment practices described in paragraph seven above;
D. Order Defendants to make whole Martina Smart, by providing appropriate backpay with prejudgment interest, in an amount to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices, including but not limited to reinstatement of Martina Smart, or front pay, in lieu thereof;
Order Defendants to make whole Martina Smart, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including, but not limited to, relocation expenses, job search expenses, and medical expenses, in an amount to be determined at trial;
F. Order Defendants to make whole Martina Smart by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained ofin paragraph seven above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
G. Order Defendants to pay Martina Smart punitive damages for their malicious and reckless conduct described in paragraph seven above, in an amount to be determined at trial;

Plaintiff's Original Complaint

Page 4

H. Grant such further relief as the Court deems necessary and proper in the public interest; and
1. 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.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

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ROBERT B. HARWIN

Regional Attorney

District of Columbia Bar No. 076083

fi~ IDIJ TIi> G. T~Y7Il~O~ '4 ~.
Supervisory Trial Attorney Texas State Bar No. 19708300

Plaintiff's Original Complaint

Trial Attorney Texas State Bar No. 00795741 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Page 5

El Paso Area Office 300 E. Main Dr., Suite 500 El Paso, Texas 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

Page 6

 
 · .

FILED UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS MIDLAND-ODESSADMSION SEP 23 2004

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

v.

)

)

ASSOCIATES OF MIDLAND

)

CARDIOVASCULAR AND INTERNAL )

MEDICINE, P.A.

)

)

Defendant.

)

)

CL.ERK, S. JIS i RIC i ~":(JURI.. weSTERN TR 1(;" OF fEXA;P

BY

-

TY CLERK'·

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Civil Action No. MO-03-CV-123

AGREED JUDGMENT

The parties to this Agreed Judgment are the Plaintiff, United States Equal Employment

Opportunity Commission ("EEOC"), and Defendant, Associates of Midland Cardiovascular And

Internal Medicine, P.A. ("AssociatesU). This Agreed Judgment resolves the above-referenced

Civil Action No. MO-03-CV-123. The EEOC initiated this lawsuit under Title VII ofthe Civil

Rights Act of 1964, as amended, 42 U.S.C. §§2000e, et seq. ("Title VII") and Title I of the Civil

Rights Act of 1991,42 U.S.C. § 1981a.

Plaintiff's Complaint in this lawsuit asserts unlawful employment practices on the basis

of gender, asserts retaliation, and seeks to provide relief to Martina Smart, who was adversely

affected by these unlawful employment practices. More specifically, Ms. Smart is female, and

Plaintiff EEOC alleg~s, in its Complaint, that she was subjected to discrimination, in violation of

Title VII) when she was sexually harassed. Plaintiff EEOC further alleges, in its Complaint, that

Defendant Associates retaliated against Ms. Smart by discharging her, because she complained

about that sexual harassment.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction of the subject matter ofthis action and the parties, venue is proper, and all administrative prerequisites to the filing of this action have been met. The Complaint states claims on behalfofMartina Smart which have been proved.
2. Defendant's former employee, Dr. P.V. Patel, subjected Martina Smart to sexual harassment while she was an employee of the Defendant. Defendant did not have a sexual harassment policy in place which allowed Ms. Smart to complain to anyone, in-house, other than Dr. Patel, about the sexual harassment to which she was being subjected. Additionally, Defendant retaliated against Martina Smart when it discharged her in response to her having filed a Charge of Discrimination with the United States Equal Employment Opportunity Commission.
3. This Court is, thus, authorized to grant relief against Associates, pursuant to Title VII.
4. This Agreed Judgment resolves all issues raised in EEOC's Complaint in this case. EEOC waives further litigation of all issues raised in the above-referenced Complaint. EEOC expressly reserves its right, however~ to process and litigate any other charges which may now be pending or may in the future be filed against Associates.
5. The duration ofthis Agreed Judgment shall be three years from the date of its filing with the Court. This Court shall retain jurisdiction ofthis Action during the period of this Agreed Judgment and may enter such other and further relief as it deems appropriate to ensme implementation and enforcement of its provisions. Any violation of the Agreed Judgment by Associates, or its agents or assigns, shall toll the running ofthis three-year period as ofthe date of the violation. If the Court subsequently determines this Agreed Judgment was violated, the three-year period shall recommence and continue from the date of entry of an Order setting out
2

such a violation or until such time as ordered by the Court. Should the Court find this Agreed Judgment was not violated, the three-year period shall recommence, retroactive to the date ofthe filing of the pleading alleging that a violation had occurred.
6. Martina Smart shall have a liquidated claim against Associates in the sum total of $155,000. Any payment to Ms. Smart shall be sent directly to counsel for Ms. Smart, John Howell House of The Law Offices ofBurt Barr & Associates, L.L.P., P.O. Box 223667, Dallas, TX 75222-3667. A copy of any settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention ofRobert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229.
7. In providing employment references regarding Martina Smart, Associates shall make no mention of the fuing of the Complaint, or the underlying discrimination charges filed by Ms. Smart.
8. Associates shall expunge the personnel flles ofMartina Smart of all documents specified by the EEOC after its review ofthose flIes.
9. Associates, its former agents, officers, employees, servants, successors, and assigns, are also enjoined, during the term of this Agreed Judgment, from retaliating in any manner whatsoever against Martina Smart for opposing any employment practice which she reasonably believed to be unlawful, pursuant to Title VII, or for filing a discrimination charge, giving testimony or assistance, or participating in any manner in any investigation, proceeding, hearing or action under Title VII.
10. The EEOC shall have the right to ensure compliance with the tenus of this Agreed Judgment and may: (a) conduct inspections of any ofAssociates' facilities; (b) interview
3

employees of Associates; and (c) examine and copy relevant documents. 11. The terms of this Agreed Judgment shall be binding upon the EEOC and
Associates, their agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.
12. Each party shall bear its own costs, including attorney's fees incurred in this action. The Clerk shall furnish a copy hereof to each attorney of record.
SO ORDERED. Signed this '}") day of___.-+-"'--_ _--"
4

Dated: "f,/'ZIz./e
. THOMASON s tate Bar No. 19892000 TODD, BARRON, THOMASON & HUDMAN, P.C. 3800 East 42mi Street, Suite 409 Odessa, TX 79762-5892
Tel: (432) 367-5191 Fax: (432) 367-7092 AITORNEYS FOR DEFENDANT

Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMESL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~~'~-1~
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 0760873
kItH ~ liLoK f'M"'C1~
Supervisory Trial Attorney Texas State Bar No. 19708300
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
El Paso Area Office 300 E. Main, Suite 500 El Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

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U.S. District Court [LIVE] Western District of Texas (Midland) CIVIL DOCKET FOR CASE #: 7:03-cv-00123-RAJ

CLOSED

EEOC v. Associates of Midlan Assigned to: Judge Robert A. Junell Demand: $0 Case in other court: USBC-Midland, :04- -70229 Cause: 28:451 Employment Discrimination

Date Filed: 08/26/2003 Date Terminated: 09/21/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leticia Dominguez Equal Employment Opportunity Commission 300 E. Main Suite 500 El Paso, TX 79901 (915) 534-6676 Fax: 915/534-6701 Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY

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V.
Defendant
Midland Cardiovascular and Internal Medicine doing business as The Heart Center doing business as The Heart Center and Heart Place Hospital, L.P.

ATTORNEY TO BE NOTICED
represented by P.V. Patel The Heart Center and Heart Place Hospital, L.P. 25 village Circle Midland, TX LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/26/2003 08/26/2003 09/16/2003
11/04/2003 11/04/2003 11/05/2003
12/23/2003 04/13/2004 04/15/2004 04/20/2004 04/27/2004 04/28/2004

#

Docket Text

Case assigned to Judge Robert A. Junell (fe) (Entered: 08/27/2003)
1 Complaint filed. Filing Fee: $ n/a Receipt # n/a (Pages: 6) Government agency no filing fee. (fe) (Entered: 08/27/2003)
2 Waiver of Service by Associates of Midlan ; Notice and Request Mailed on 9/11/03 ; Answer due on 11/10/03 for Associates of Midlan (fe) (Entered: 09/16/2003)
3 Answer by Associates of Midland... (fe) (Entered: 11/05/2003)
Defective pleading notification letter mailed to P.V. Patel, prose for Associates of Midland Cardiovascular.... (fe) (Entered: 11/05/2003)
4 Scheduling order setting Joining of parties, amending of pleadings on 12/30/03 Deadline for filing of all motions 4/20/04 Discovery cutoff 4/6/04 ; Alternate Dispute Resolution Report due by 4/27/04 ; Jury Selection set for 9:00 8/2/04 ; Jury trial set for 9:00 8/2/04 , termed motions signed by Judge Robert A. Junell (fe) (Entered: 11/06/2003)
5 Pretrial disclosures filed by EEOC, Associates of Midlan (sm) (Entered: 12/23/2003)
6 Notice by Associates of Midlan of: filing for bankruptcy (case number 04-70229, WDT-Midland) (sm) (Entered: 04/14/2004)
7 Order setting status conference to 3:00 4/28/04 signed by Judge Robert A. Junell (sm) (Entered: 04/15/2004)
8 Response by EEOC to notice [6-1] of bankruptcy filing (fe) (Entered: 04/20/2004)
9 Alternate Dispute Resolution Report filed by EEOC, Party(s) agree to Alternate Dispute Resolution (fe) (Entered: 04/28/2004)
Status conference held. Court recommends parties discuss agreed judgment. Joint status letter due 6/15 by plaintiff. Discovery stayed per court. (fe) (Entered:

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04/28/2004 06/14/2004 07/19/2004 07/30/2004 08/02/2004 09/16/2004 09/17/2004 09/20/2004 09/21/2004 09/21/2004
09/21/2004 09/23/2004 09/23/2004 09/23/2004

04/29/2004)
10 Minutes of proceedings for status conference hearing conducted on 4/28/04 by Judge Junell. Court Reporter: Anderson (fe) (Entered: 04/29/2004)
11 Letter/Correspondence submitted by EEOC regarding: status on case per order from Judge Junell. (fe) (Entered: 06/16/2004)
12 Order resetting Jury selection to 10/4/04 , resetting Jury trial to 10/4/04 signed by Judge Robert A. Junell (fe) (Entered: 07/19/2004)
13 Notice by Associates of Midlan of: Bankruptcy Filing. (fe) (Entered: 07/30/2004)
14 Letter/Correspondence submitted by EEOC, Associates of Midlan regarding: the status of negotiations. (fe) (Entered: 08/03/2004)
15 Order setting pretrial conference to 11:00 9/27/04 signed by Judge Robert A. Junell (sm) (Entered: 09/16/2004)
16 Order setting pretrial conference to 11:00 9/27/04 signed by Judge Robert A. Junell (sm) (Entered: 09/17/2004)
17 Joint Notice by EEOC, Associates of Midlan of: pending settlement (sm) (Entered: 09/20/2004)
18 Order granting notice [17-1] dismissing cause without prejudice as parties have settled signed by Judge Robert A. Junell (sm) (Entered: 09/21/2004)
19 Clerk's judgment that case be administratively closed as parties have settled; settlement documents to be presented to court within 30 days (sm) (Entered: 09/21/2004)
Case closed (sm) (Entered: 09/21/2004)
20 Joint motion by EEOC, Associates of Midlan for entry of agreed judgment (sm) (Entered: 09/23/2004)
21 Order granting joint motion for entry of agreed judgment [20-1] signed by Judge Robert A. Junell (sm) (Entered: 09/23/2004)
22 Agreed Judgment for EEOC against Associates of Midland; Martina Smart shall have a liquidated claim against Associates in the sum total of $155,000.00 signed by Judge Robert A. Junell (Pages: 5) (sm) (Entered: 09/23/2004)

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