2004 WL 2081741 (D.S.C.) (Cite as: 2004 WL 2081741)

Page 1

For Dockets See 6:04CV02244
United States District Court, D. South Carolina. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. CRITICAL CARE SPECIALIST, INC., Nurse Associates, LLC and Advance Nursing Insti-
tute, LLC Defendants. No. 6 04 2244 13 BI.
July 6, 2004.
Civil Action Jury Trial Demand
Complaint 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, Lynette A. Barnes, Acting Regional Attorney, Charlotte District Office, Kara Gibbon Haden, Senior Trial Attorney, Equal Employment Opportunity Commission, Charlotte District Office, 129 W. Trade Street, Suite 400, Charlotte, NC 28202, Telephone: 704.344.6885, Robert F. Daley, Jr. Assistant U.S. Attorney, Local Bar No. 6460, District of South Carolina, 1441 Main Street, Suite 500, Columbia, South Carolina 29201, Telephone: 803.929.3054, Attorneys for Plaintiff
Nature of The Action
This is an action under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to restrain the unlawful payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex, to collect back wages due to employees as a result of such unlawful payments, and to correct unlawful employment practices on the basis of sex and retaliation. As alleged with greater particularity below, Plaintiff the United States Equal Employment Opportunity Commission (“EEOC” or “Commission”), alleges that Defendants Critical Care Specialist, Inc., Nurse Associates, LLC, and Advance Nursing Institute, LLC (collectively “Defendants”), paid and are paying, female employees wages which were and are less than wages paid to comparable male employees who perform or performed the same or substantially equal work. The EEOC further alleges that Defendants discriminated against Tammie Joyce Lawrence by discharging her in retaliation for her complaints of gender based pay discrimination, all in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,
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2004 WL 2081741 (D.S.C.) (Cite as: 2004 WL 2081741)

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1343 and 1345. This action is authorized and instituted pursuant Sections 15(a)(3), 16(c) and 17 of the Fair Labor Standards Act of 1938 (“FLSA”), as amended, 29 U.S.C. §§ 215(a)(3), 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963 (“EPA”), codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d). This action is further authorized and instituted pursuant to Section 704(a), 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), 42 U.S.C. §§ 2000e-3(a), 2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of South Carolina, Greenville and Spartanburg Divisions.
PARTIES
3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of the EPA and Title VII, and is expressly authorized to bring this action by Sections 15(a)(3), 16(c) and 17 of the FLSA, 29 U.S.C. §§ 215(a)(3), 216(c) and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978,92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705, by Section 704(a), 706(f) (1) and (3) of Title VII, 42 U.S.C. §§ 2000e-3(a), 2000e-5(f)(1) and (3) and by Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
4. At all relevant times, Defendant Critical Care Specialist, Inc., has continuously been a South Carolina corporation doing business in the State of South Carolina and the Cities of Greenville and Spartanburg, and has continuously had at least 15 employees.
5. On information and belief, at all relevant times, Defendant Nurse Associates, LLC, has continuously been a South Carolina limited liability corporation doing business in the State of South Carolina and the Cities of Greenville and Spartanburg, and has continuously had at least 15 employees.
6. On information and belief, at all relevant times, Defendant Advance Nursing Institute, LLC, has continuously been a South Carolina limited liability corporation doing business in the State of South Carolina and the Cities of Greenville and Spartanburg, and has continuously had at least 15 employees.
7. On information and belief, Defendants Critical Care Specialist, Inc., Nurse Associates, LLC and Advance Nursing Institute, LLC, have operated as an integrated business enterprise since at least April 2001, and maintain their principal place of business in Greenville, South Carolina.
8. At all relevant times, Defendants Critical Care Specialist, Inc., Nurse Associates, LLC and Advance Nursing Institute, LLC have, jointly and severally, 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)
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and (h).
9. At all relevant times, Defendants Critical Care Specialist, Inc., Nurse Associates, LLC and Advance Nursing Institute, LLC have, jointly and severally, acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
10. At all relevant times, Defendants Critical Care Specialist, Inc., Nurse Associates, LLC and Advance Nursing Institute, LLC have, jointly and severally, continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and G).
STATEMENT OF CLAIMS
11. More than thirty days prior to the institution of this lawsuit, Tammie Joyce Lawrence filed a charge against Critical Care Specialists, Inc., with the Commission alleging violations of the EPA and Title VII. On information and belief, all Defendants constitute an integrated business enterprise. All conditions precedent to the institution of this lawsuit have been fulfilled.
Title VII-Wanes
12. Since at least June 2002, Defendants have engaged in unlawful employment practices at their Greenville, S.C. and Spartanburg, S.C. facilities in violation of Sections 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), and Section 102 ofthe Civil Rights Act of 1991, 42 U.S.C. § 1981a. Specifically, Defendants subjected Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and other similarly situated female employees who worked as Staffing Coordinators, Staffing Associates, Staffing Team Leaders or in similar positions, to discrimination by paying lower wages to the female employees than paid to male employees in the same positions or performing the same or substantially similar work, based on their sex, female, in violation of Section 703(a)(1) of Title VII.
13. The effect ofthe practice complained of in paragraph 12 above has been to deprive Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
14. The unlawful employment practice complained of in paragraph 12 above was, and is, intentional.
15. The unlawful employment practice complained of in paragraph 12 above was, and is, done with malice and/or with reckless indifference to the federally protected rights of Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and other similarly situated female employees.
EPA - Waees
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16. Since at least June 2002, Defendants have violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying lower wages to the female Staffing Coordinators, Staffing Associates, Staffing Team Leaders, and other females in similar positions, than it paid to the male employees in the same establishment for substantially equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
17. As a result of the actions complained of in paragraph 16 above, Defendants have unlawfully withheld, and are continuing to withhold, the payment of wages due to Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and other similarly situated female employees.
18. The unlawful practices complained of in paragraph 16 above was, and are, willful. Title VII and EPA - Retaliation
19. On or about July 12, 2002, Defendants engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) and Section 15(a)(3) of the FLSA, 29 U.S.C. § 215(a)(3), by discharging Tammie Joyce Lawrence because she opposed employment practices made unlawful by Title VII and the Equal Pay Act. Specifically, Tammie Joyce Lawrence opposed gender-based pay discrimination by complaining that Defendants were paying a male employee more wages for the same job that she was performing because of her sex, female. The Commission alleges that Defendants discharged Ms. Lawrence because of her complaint.
20. The effect of the practice complained of in paragraph 19 above has been to deprive Tammie Joyce Lawrence of equal employment opportunities and otherwise adversely affect her status as an employee because of her opposition to practices made unlawful by Title VII and the Equal Pay Act.
21. The unlawful employment practice complained of in paragraph 19 above was intentional.
22. The unlawful employment practice complained of in paragraph 19 above was done with malice or with reckless indifference to the federally protected rights of Tammie Joyce Lawrence.
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 paying lesser wages to female employees than male employees because of their sex, and from discriminating within any of their establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which they pay wages to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
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B. Order Defendants to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices.
C. Order Defendants, jointly and severally, to make whole Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and a group of similarly situated female employees by providing appropriate lost wages with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraphs 12 and 16 above.
D. Order Defendants, jointly and severally, to make whole Tammie Joyce Lawrence, Rachel Semenach, Melinda Hofftnan and a group of similarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraphsl2 and 16 above in amounts to be determined at trial.
E. Order Defendants, jointly and severally, to make whole Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and a group of similarly situated female employees by providing compensation for past and future non losses resulting from the unlawful practices complained of in paragraphs 12 and 16 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
F. Order Defendants, jointly and severally, to pay Tammie Joyce Lawrence, Rachel Semenach, Melinda Hoffman and a group of similarly situated female employees, punitive damages for their intentional, malicious and reckless conduct, as described above, in amounts to be determined at trial.
G. Grant a judgment requiring Defendants, jointly and severally, to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages or prejudgment interest in lieu thereof to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Tammie Joyce Lawrence, Rachel Semenach and Melinda Hoffman.
H. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in retaliation against employees because they have opposed employment practices or otherwise engaged in protected activity under Title VII or the EPA.
I. Order Defendants to institute and carry out policies, practices, and programs that provide equal employment opportunities for employees who oppose, or have opposed unlawful employment practices or otherwise engage in protected activity under Title VII or the EPA, and which eradicate the effects of their past and present unlawful employment practices.
J. Order Defendants, jointly and severally, to make whole Tammie Joyce Lawrence by providing appropriate backpay with prejudgment interest, in amounts to be determ-
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ined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraph 19 above, including but not limited to reinstatement.
K. Order Defendants to make whole Tammie Joyce Lawrence by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 19 above in amounts to be determined at trial.
L. Order Defendants, jointly and severally, to make whole Tammie Joyce Lawrence by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 19 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
M. Order Defendants to pay Tammie Joyce Lawrence punitive damages for its malicious and reckless conduct, as described in paragraph 19 above, in amounts to be determined at trial.
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.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CRITICAL CARE SPECIALIST, INC., Nurse Associates, LLC and Advance Nursing Institute, LLC Defendants. 2004 WL 2081741 (D.S.C.)
END OF DOCUMENT

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

v.

)

)

CRITICAL CARE SPECIALIST, INC., )

NURSE ASSOCIATES, LLC, and

)

ADVANCE NURSING INSTITUTE, LLC, )

Defendants.

)

______________________________________ )

CIVIL ACTION NO. 6:04-2244-13BI

CONSENT DECREE

The Equal Employment Opportunity Commission (the “Commission”) instituted this

action under the Equal Pay Act of 1963 (“EPA”), Title VII of the Civil Rights Act of 1964

(“Title VII”), and Title I of the Civil Rights Act of 1991, to address allegations of unlawful

employment practices on the basis of sex and retaliation, to restrain the alleged unlawful payment

of wages to employees of one sex at rates less than the rates paid to employees of the opposite

sex, and to provide appropriate relief to Tammie Joyce Lawrence, Rachael Semenach, Melinda

Hoffman, and other similarly situated female employees who were allegedly adversely affected

by such practices. Specifically, the Commission’s Complaint alleges that Defendants Critical

Care Associates, Inc., Nurse Associates, LLC and Advance Nursing Institute, LLC

(“Defendants”) paid, and are allegedly paying, female employees wages which were and are less

than wages paid to comparable male employees who perform or performed the same or

substantially equal work. The Commission’s Complaint further alleges that Defendants

discriminated against Tammie Joyce Lawrence by discharging her in retaliation for her

complaints of gender based pay discrimination.

Defendants deny all allegations of discrimination and wrongdoing and maintain that at all times they treated their employees lawfully.
The Court is not making a finding as to whether the Commission’s allegations or the Defendant’s responses are accurate or proven.
The parties hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of the EPA and Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves, as provided in paragraphs 1 through 20 below, all matters in controversy as set forth in the Commission’s Complaint.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendants shall not discriminate against individuals in violation of the Equal Pay Act of 1963, and specifically shall not pay lower wages to female employees than are paid to male employees for substantially equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Defendants deny all allegations of discrimination and wrongdoing currently or in the past. 2. Defendants shall not discriminate against individuals on the basis of sex within the meaning of Title VII of the Civil Rights Act of 1964. Specifically, Defendants shall not discriminate against females employees based on their sex by paying lower wages to female employees than are paid to male employees who perform substantially similar work based on
2

their sex. Defendants deny all allegations of discrimination and wrongdoing currently or in the past.
3. Defendants shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge or anticipated filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the foregoing statute. Defendants deny all allegations of discrimination and wrongdoing currently or in the past.
4. Defendants shall not discriminate or retaliate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to the EPA, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee. Defendants deny all allegations of discrimination and wrongdoing currently or in the past.
5. Defendants shall pay to Tammie Joyce Lawrence the sum of Fourteen Thousand Dollars ($14,000.00) in damages. Defendants shall pay to Rachael Semenach, Two Thousand Dollars ($2,000.00) in damages. Defendants shall pay to Melinda Hoffman, Two Thousand Dollars ($2,000.00) in damages. Defendants shall make payment by issuing cashiers checks payable to each person identified above in the stated amounts. Payment shall be made by mailing the checks directly to each individual at addresses to be provided by the Commission. Payment shall be made in full to Ms. Semenach and Ms. Hoffman within ten (10) days after the Court enters this Consent Decree. Payment of Seven Thousand Dollars ($7,000.00) shall be made to Tammie Joyce Lawrence within ten (10) days after the Court enters this Consent Decree, with the remaining Seven Thousand Dollars ($7,000.00) to be paid within ninety (90) days after the Court enters this Consent Decree. Within ten (10) days after the checks have been sent, Defendants
3

shall mail to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of each check and proof of its delivery to each claimant.
6. Defendants are jointly and severally liable for payment of the sums outlined in paragraphs five.
7. Defendants agree to eliminate from the employment records of Tammie Joyce Lawrence, Rachael Semenach and Melinda Hoffman any and all documents and entries relating to the facts and circumstances which led to the filing of the EEOC charge of discrimination and the related events that occurred thereafter, including the filing of this lawsuit. Within twenty (20) days of the entry of this decree, Defendants shall report compliance to the Commission.
8. Defendants agree to provide each of Tammie Joyce Lawrence, Rachael Semenach and Melinda Hoffman with a neutral letter of reference, a copy of which is attached hereto. In addition, if Defendants receive any inquiries regarding the employment of Ms. Lawrence, Ms. Semenach or Ms. Hoffman, Defendants shall provide a copy of the letter in lieu of an oral response.
9. Within ninety (90) days of the entry of this decree by the Court, Defendants shall adopt, implement and distribute a formal, written anti-discrimination policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including the EPA and its prohibition against payment of unequal wages based on sex and its prohibition against retaliation; Title VII and its prohibition against sex discrimination in the workplace, including disparate wages based on sex, and its prohibition against retaliation; and a procedure for complaining about discrimination. Defendants shall distribute to each current employee who receives a W-2 Form a copy of the policy within the aforementioned ninety (90) day time period. Within one hundred (100) days of the entry of the
4

decree, Defendants shall report compliance to the Commission. During the term of this Decree, Defendants shall distribute the policy to all new employees at the time of hire.
10. During the term of this Decree, Defendants shall provide annual training programs on the federal equal employment opportunity laws to all corporate personnel. Said training programs shall be conducted by an individual who is not an employee of any Defendant or their affiliates. At least fifteen (15) days prior to each program, Defendants shall provide the Commission with an agenda for the training program.
Each training program shall include an explanation of the requirements of the federal equal employment opportunity laws, including the following: the EPA, its prohibition against payment of unequal wages based on sex, and its prohibition against retaliation; and Title VII, its prohibition against sex discrimination in the workplace, including disparate pay based on sex, and its prohibition against retaliation. Each training program shall also cover an explanation of the rights and responsibilities of employees and managers under Defendant’s anti-discrimination policy as that policy is defined in paragraph 9 above.
11. The first training program shall be completed within ninety (90) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, Defendants shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
12. Defendants agree to include training for all new corporate employees on the EPA and Title VII, including but not limited to Defendant’s obligations under Title VII and the EPA and employee rights under Title VII and the EPA, in new hire orientation.
5

13. During the term of this Decree, each Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, at each Defendant facility, in a place where it is visible to employees. Within ten (10) days of posting the Notices, each Defendant shall report compliance to the Commission. If any Notice becomes defaced or unreadable, the Defendant shall replace it by posting another copy of the Notice.
14. During the term of this Consent Decree, each Defendant will provide the Commission with a report at six (6) month intervals, with the first being due four (4) months after approval by the Court of this Decree. The reports shall include the following information:
a. the identity of each Defendant employee who complained of or reported alleged sex discrimination under Title VII or the EPA during the reporting period, including by way of identification each individual’s full name, Social Security Number, home address, home telephone number, gender;
b. a statement of each individual’s complaint, a description of what action was taken in response to the individual’s complaint, and whether the individual is currently employed by Defendant, and if not, the reason therefore;
c. if no such complaints or reports were received, Defendant shall state the same; and
d. the identities of all individuals employed by any Defendant as a Staffing Coordinator, Staffing Associate, Staffing Team Leader or Staffing Recruiter at any time during the reporting period, including by way of identification each individual’s full name, Social Security Number, home address, home telephone number, gender, and rate of pay.
6

15. Defendants agree that the Commission may review compliance with this Decree. As part of such review, the Commission, upon reasonable notice, may inspect the premises, interview employees and examine and copy documents.
16. If at any time during the term of this Decree, the Commission believes that any Defendant is in violation of this Decree, the Commission shall give written notice of the alleged violation to that Defendant. The Commission’s belief shall be reasonable and in good faith. The Defendant then shall have fourteen (14) days in which to investigate and respond to the allegations. Thereafter, the Commission and the Defendant shall have a period of twenty (20) days, or such additional period as may be agreed upon by them, in which to negotiate the resolution of such allegations, before the Commission exercises any remedy provided by law.
17. All reports and compliance statements required by this Consent Decree shall be mailed to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, Charlotte District Office, 129 West Trade Street, Suite 400, Charlotte, North Carolina 28202.
18. Except as otherwise provided herein, each party shall bear its own costs and fees. 19. The term of this Decree shall be for two (2) years from its entry by the Court. 20. This Court shall retain jurisdiction of this cause for the term of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate. The Decree shall expire by its own terms at the end of two (2) years without further action by the parties.

March 10, 2005 Date

/s/G. Ross Anderson, Jr. United States District Judge District of South Carolina

7

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

This the 2nd day of March 2005.

This the 2nd day of March 2005.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Lynette A. Barnes LYNETTE A. BARNES Acting Regional Attorney

CRITICAL CARE SPECIALIST, INC., NURSE ASSOCIATES, LLC, and ADVANCE NURSING INSTITUTE, LLC, Defendants.
s/ Robert M. Sneed ROBERT M. SNEED FOSTER LAW FIRM, L.L.P. 601 East McBee Ave., Suite 104 Greenville, South Carolina 29601 Telephone: 864.242.6200 Facsimile: 864.233.0290

s/ Kara Gibbon Haden KARA GIBBON HADEN Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6780

s/ Robert F. Daley, Jr. ROBERT F. DALEY, JR. Assistant U.S. Attorney Local Bar No. 6460 District of South Carolina 1441 Main Street, Suite 500 Columbia, South Carolina 29201 Telephone: 803.929.3054

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

v.

)

)

CRITICAL CARE SPECIALIST, INC.,

)

NURSE ASSOCIATES, LLC, and ADVANCE )

NURSING INSTITUTE, LLC,

)

Defendants.

)

_________________________________________ )

CIVIL ACTION NO. 6:04-2244-13BI
EMPLOYEE NOTICE

1. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity Commission and Critical Care Specialist, Inc., Nurse Associates, LLC and Advance Nursing Institute, LLC (“the Companies”) in a case of discrimination based on gender and retaliatory discharge. Specifically, the EEOC alleged that the Companies paid female employees lower wages than they paid male employees based on their sex, in violation of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) and the Equal Pay Act of 1963 (“EPA”), and discharged Tammie Joyce Lawrence in retaliation for her complaints of gender based pay discrimination, also in violation of Title VII and the EPA.

2. Title VII of the Civil Rights Act of 1964 is a federal law which prohibits sex discrimination or retaliation against any employee in all aspects of employment including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits.

3. The Equal Pay Act of 1963 is a federal law which prohibits wage discrimination on the basis of sex for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.

4. Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual’s race, color, religion, sex, national origin, age (40 or older) or disability. Federal law also prohibits retaliation against employees because they have opposed unlawful employment discrimination, or because they gave testimony or assistance in or participated in an employment discrimination investigation, proceeding, or hearing, or otherwise asserted their rights under the laws enforced by the EEOC.

5. The Companies will comply with such federal laws in all respects. Furthermore, the Companies will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission.

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

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

APPENDIX A

 
 CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?810416389893096-L_35...

CHMBRS, CLOSED, JURY
U.S. District Court District of South Carolina (Greenville) CIVIL DOCKET FOR CASE #: 6:04-cv-02244-GRA-BHH

Equal Employment Opp v. Critical Care, et al Assigned to: Judge G Ross Anderson, Jr Referred to: Magistrate Judge Bruce Howe Hendricks Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 07/06/2004 Date Terminated: 03/10/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff Equal Employment Opp

represented by Robert F Daley, Jr US Attorneys Office 1441 Main Street Suite 500 Columbia, SC 29201 803-929-3000 Fax: 803-252-2759 Email: bob.daley@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kara L Haden Equal Employment Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704-344-6880 Email: kara.haden@eeoc.gov

Lynette A Barnes Equal Employment Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704-344-6880

V. Defendant Critical Care Specialist Inc

represented by Robert M Sneed Foster Law Firm PO Box 2123 Greenville, SC 29602

1 of 4

8/17/2007 1:25 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?810416389893096-L_35...

Defendant Nurse Associates LLC
Defendant Advance Nursing Institute LLC

864-242-6200 Fax: 864-233-0290 Email: rsneed@fosterfoster.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert M Sneed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert M Sneed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/06/2004 07/06/2004 07/06/2004 07/13/2004
09/17/2004
09/17/2004 09/27/2004

#

Docket Text

1 COMPLAINT; FILING FEE $ Fee Waived RECEIPT # Fee Waived Service due by 11/3/04 for Advance Nursing Inst, for Nurse Associates LLC, for Critical Care (bshr) (Entered: 07/07/2004)
2 ANSWER to Local Rule 26 Interrogatories by plaintiff Equal Employment Opp; jury demand (bshr) (Entered: 07/07/2004)
3 MOTION by plaintiff Equal Employment Opp for Kara L. Gibbon Haden to appear pro hac vice FILING FEE AMOUNT Fee Waived Receipt # Fee Waived with affidavit and proposed order attached (bshr) (Entered: 07/07/2004)
4 ORDER granting [3-1] motion for Kara L. Gibbon Haden to appear pro hac vice FILING FEE AMOUNT Fee Waived Receipt # Fee Waived ( signed by Magistrate Judge Bruce H. Hendricks ) eod 7/13/04, svd. (jtho) (Entered: 07/13/2004)
5 ANSWER to Complaint by defendant Critical Care, defendant Nurse Associates LLC, defendant Advance Nursing Inst (Attorney Robert M Sneed), Assignment Interrogatories due on 9/27/04 for Advance Nursing Inst, for Nurse Associates LLC, for Critical Care ; (jtho) (Entered: 09/17/2004)
6 ANSWER to Local Rule 26 Interrogatories by defendant Critical Care, defendant Nurse Associates LLC, defendant Advance Nursing Inst (jtho) (Entered: 09/17/2004)
7 CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 10/18/04 ; 26(a) Initial Disclosures served by 11/1/04 ; 26(f) Report filed by 11/1/04 ; Joining of parties,amending of pleadings on 11/8/04 ; Plaintiff's ID of Experts set for 12/8/04 ; Defendant's ID of Experts set for 1/7/05 ; Records Custodian Affidavit filed by 1/7/05 ; Discovery cutoff 3/8/05 ; Motion In Limine

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10/07/2004
10/08/2004 11/01/2004 11/01/2004 11/01/2004 11/02/2004
11/24/2004 12/01/2004 12/03/2004 01/27/2005 01/27/2005

filed by 3/18/05 ; Deadline for filing of all motions <date not set> ; 26(a)3 Pretrial Disclosures filed by 5/6/05 ; Pretrial Brief filed by 5/23/05 ; Jury Selection deadline set for 6/6/05 ; Bench Trial set for <date not set> ; ADR Statement/Cert due by 4/28/05 Mediation deadline for 5/27/05 ( signed by Judge G R. Anderson Jr ) (dnap) (Entered: 09/27/2004)
8 AFFIDAVIT (Addendum to Application/Affidavit for Pro Hac Vice Admission) of Kara L. Gibbon Haden by plaintiff Equal Employment Opp stating what item number 11 of application/affidavit submitted for [3-1] motion for Kara L. Gibbon Haden to appear pro hac vice FILING FEE AMOUNT Fee Waived Receipt # Fee Waived should have said (bshr) (Entered: 10/08/2004)
9 WAIVER OF SERVICE as to Critical Care, Nurse Associates LLC, Advance Nursing Inst (jtho) (Entered: 10/08/2004)
10 26(f) Report by Equal Employment Opp, Critical Care, Nurse Associates LLC, Advance Nursing Inst . Parties disagree to Conference and Scheduling Order. (jtho) (Entered: 11/01/2004)
11 26(f) Answers to Local Rule 26 Interrogatories by Equal Employment Opp . (jtho) (Entered: 11/01/2004)
12 26(f) Answers to Local Rule 26 Interrogatories by Critical Care, Nurse Associates LLC, Advance Nursing Inst . (jtho) (Entered: 11/01/2004)
13 CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 12/8/04 ; Plaintiff's ID of Experts set for 1/7/05 ; Defendant's ID of Experts set for 2/7/05 ; Records Custodian Affidavit filed by 2/7/05 ; Discovery cutoff 4/8/05 ; Deadline for filing of all motions 5/9/05 ; Mediation deadline for 6/10/05 26(a)3 Pretrial Disclosures filed by 6/10/05 ; Pretrial Brief filed by 7/4/05 ; Jury Selection deadline set for 7/11/05 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 11/2/04, svd. (jtho) (Entered: 11/02/2004)
14 MOTION by defendant Advance Nursing Inst, defendant Nurse Associates LLC, defendant Critical Care to amend [5-1] answer . Proposed answer attached. (jtho) (Entered: 11/29/2004)
15 ORDER granting [14-1] motion to amend [5-1] answer ( signed by Magistrate Judge Bruce H. Hendricks ) eod 12/1/04, svd. (jtho) (Entered: 12/01/2004)
16 AMENDED ANSWER to Complaint by defendant Advance Nursing Inst, defendant Nurse Associates LLC, defendant Critical Care : amends [5-1] answer (jtho) (Entered: 12/03/2004)
17 AFFIDAVIT of RECORDS CUSTODIAN David B. Stour, Jr. by Nurse Associates LLC, Critical Care, Equal Employment Opp Objections to Records Cust Affidavit due by 2/10/05 for Equal Employment Opp ; (jtho) (Entered: 01/27/2005)
18 AFFIDAVIT of RECORDS CUSTODIAN Phyllis W. Glenn by Advance Nursing Inst, Nurse Associates LLC, Critical Care Objections to Records Cust Affidavit due by 2/10/05 for Equal Employment Opp ; (jtho) Modified on 01/28/2005 (Entered: 01/28/2005)

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02/01/2005
03/03/2005 03/10/2005

19 AMENDED CONFERENCE AND SCHEDULING ORDER setting Plaintiff's ID of Experts set for 5/31/05 ; Defendant's ID of Experts set for 6/27/05 ; Records Custodian Affidavit filed by 6/27/05 ; Discovery cutoff 7/29/05 ; Deadline for filing of all motions 8/29/05 ; Mediation deadline for 7/5/05 26(a)3 Pretrial Disclosures filed by 10/28/05 ; Pretrial Brief filed by 11/21/05 ; Jury Selection deadline set for 11/28/05 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 2/1/05, svd. (acas) (Entered: 02/01/2005)
20 PROPOSED DOCUMENT re: Consent Decree. (Daley, Robert) (Entered: 03/03/2005)
21 CONSENT DECREE resolving all matters in controversy between the parties. . Signed by Judge G Ross Anderson Jr on 3/10/2005. (acas, ) (Entered: 03/11/2005)

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