Case: 1:07-cv-2587 As of: 05/31/2017 03:43 PM EDT 1 of 4
CLOSED,CASREF,ECF
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07−cv−02587−SAS

Equal Employment Opportunity Commission v. New York State Date Filed: 03/29/2007

Department of Correctional Services

Date Terminated: 05/21/2008

Assigned to: Judge Shira A. Scheindlin

Jury Demand: Plaintiff

Referred to: Magistrate Judge Henry B. Pitman (Settlement)

Nature of Suit: 442 Civil Rights: Jobs

Related Case: 1:08−cv−04419−SAS

Jurisdiction: U.S. Government Plaintiff

Cause: 29:206 FLSA: Minimum Wage

Plaintiff

Equal Employment Opportunity Commission

represented by Raechel Lee Adams U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336−3707 Fax: (212) 336−3623 Email: raechel.adams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
New York State Department of Correctional Services

represented by Barbara Kathryn Hathaway New York State Office of the Attorney General 120 Broadway, 24th Floor New York, NY 10271 (212)−416−8560 Fax: (212)−416−6009 Email: Barbara.Hathaway@ag.ny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/29/2007
03/29/2007 03/29/2007 03/29/2007 05/02/2007
05/02/2007
05/04/2007

# Docket Text
1 COMPLAINT against New York State Department of Correctional Services. Document filed by Equal Employment Opportunity Commission.(tro) (Entered: 03/30/2007)
SUMMONS ISSUED as to New York State Department of Correctional Services. (tro) (Entered: 03/30/2007)
Magistrate Judge Henry B. Pitman is so designated. (tro) (Entered: 03/30/2007)
Case Designated ECF. (tro) (Entered: 03/30/2007)
2 STIPULATION TO EXTEND TIME: It is hereby stipulated and agreed that defendant's time in which to respond to the complaint in the above titled action is extended up to and including June 15, 2007. ENDORSEMENT: So Ordered. (Signed by Judge Shira A. Scheindlin on 5/2/07) (js) (Entered: 05/03/2007)
Set Answer Due Date purs. to 2 Stipulation and Order, as to New York State Department of Correctional Services answer due on 6/15/2007. (js) (Entered: 05/03/2007)
3 NOTICE OF APPEARANCE by Barbara Kathryn Hathaway on behalf of New York State Department of Correctional Services (Hathaway, Barbara) (Entered: 05/04/2007)

Case: 1:07-cv-2587 As of: 05/31/2017 03:43 PM EDT 2 of 4

05/24/2007 05/24/2007 06/15/2007 08/29/2007 09/06/2007
10/15/2007
10/23/2007 12/03/2007 05/05/2008 05/21/2008

4 AMENDED COMPLAINT amending 1 Complaint against New York State Department of Correctional Services.Document filed by Equal Employment Opportunity Commission. Related document: 1 Complaint filed by Equal Employment Opportunity Commission.(jco) Additional attachment(s) added on 6/6/2007 (Correa, Julie). (Entered: 05/31/2007)
***NOTE TO ATTORNEY TO E−MAIL PDF. Note to Attorney Raechel L. Adams for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E−MAIL the PDF for Document 4 Amended Complaint to: case_openings@nysd.uscourts.gov. (jco) (Entered: 05/31/2007)
5 ANSWER to Amended Complaint. Document filed by New York State Department of Correctional Services. Related document: 4 Amended Complaint, filed by Equal Employment Opportunity Commission.(Hathaway, Barbara) (Entered: 06/15/2007)
6 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/11/2007 at 10:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 8/29/07) (dle) (Entered: 08/29/2007)
7 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Barbara Hathaway dated 9/5/07 re: Request for an adjournment of the initial pretrial conference set for 9/11/07 and of the preparation of the proposed scheduling order until the second week of October. ENDORSEMENT: Request granted. Conference adjourned to 10/23 at 4 pm. Initial Conference set for 10/23/2007 at 04:00 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 9/5/07) (cd) (Entered: 09/06/2007)
8 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Barbara K. Hathaway dated 10/15/2007 re: all parties request an adjournment of the initial pretrial conference currently scheduled for 10/23/2007 at 4:00 p.m. ENDORSEMENT: The parties' requests are denied. The parties must appear at the Initial Conference currently scheduled for 10/23/2007 at 4:00 p.m. (Signed by Judge Shira A. Scheindlin on 10/15/2007) (jar) (Entered: 10/16/2007)
9 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Shira A. Scheindlin on 10/23/07) (tro) (Entered: 10/24/2007)
10 SCHEDULING ORDER: Depositions to be completed (from 4/1/08) by 10/30/2008. All Discovery due by 12/30/2008. (Signed by Judge Shira A. Scheindlin on 11/30/07) (db) (Entered: 12/03/2007)
11 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Raechel L. Adams dated 5/2/2008 re: Counsel requests that the court adjourn the status conference currently scheduled for May 6, 2008. ENDORSEMENT: The May 6, 2008 Conference adjourned to May 20, 2008 at 4:30 p.m. The attorneys must appear in person at that time. (Signed by Judge Shira A. Scheindlin on 5/5/08) (mme) (Entered: 05/05/2008)
12 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: This Order represents the entire agreement between EEOC, the United States, and DOCS. No prior agreements, oral representations, or statement shall be considered part of this Order. This Order shall not constitute an admission of fault or liability. This Order settles the claims raised in the EEOC'S Amended Complaint, the United States' action, and EEOC Charge No. 520−2007−02374. This Order shall remain in effect for five (5) years form the date of entry as to the EEOC and for three (3) years form the date of entry as to the United States. This Court shall retain jurisdiction and shall have the same powers it would have with respect to a judgment during this effective period to enforce or modify the provisions of this Order, to resolve any dispute that arises under this Order, and to entertain any application and issue any orders as may be necessary or appropriate for the effectuation of its terms and objectives. ENDORSEMENT: The Clerk is directed to close both of these cases 07 Civ 2587; 08 Civ 4419. So Ordered. (Signed by Judge Shira A. Scheindlin on 5/20/2008) (tve) (Entered: 05/21/2008)

Case: 1:07-cv-2587 As of: 05/31/2017 03:43 PM EDT 3 of 4

08/10/2009 12/21/2009 12/21/2009 12/21/2009 02/24/2011

13 ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Kaye Gordon as aClaimant, in accordance with paragraph 29 of the May 21, 2008 Order and as further set forth in this Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/7/2009) (tve) (Entered: 08/10/2009)
14 ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Dawn Butler as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $35,346.59 to Dawn Butler, which sum includes back wages, the monetary value of leave accruals to be restored to Ms. Butler, along with all monetary damages to be issued to Ms. Butler, as set forth in Exhibit A hereto. Within fifteen (15) business days of the payment and leave accrual restoration to be made pursuant to this Modification Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment Opportunity Commission, 33 Whitehall Street, 5th Floor, New York, New York, 10004, and Alicia M. Simmons, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, as set forth in this stipulation. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo) (Entered: 12/22/2009)
15 ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Jessica Cox as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $37,928.45 to Jessica Cox, which sum includes back wages, the monetary value of leave accruals to be restored to Ms. Cox, along with all monetary damages to be issued to Ms. Cox, as set forth in Exhibit A hereto. Within fifteen (15) business days of the payment and leave accrual restoration to be made pursuant to this Modification Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment OpportunityCommission, 33 Whitehall Street, 5th Floor, New York, New York, 10004, and Alicia M. Simmons, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, as set forth in this stipulation. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo) (Entered: 12/22/2009)
16 ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: The May 21, 2008 Order shall be deemed amended to include Maria Gonzalez as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $29,790.48 to Maria Gonzalez, which sum includes back wages, the monetary value of leave accruals restored to Ms. Gonzalez, along with all monetary damages to be issued to Ms. Gonzalez, as set forth in Exhibit A hereto. Within fifteen (15) business days of the payment and leave accrual restoration to be made pursuant to this Modification Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment Opportunity Commission, 33 Whitehall Street, 5th Floor, New York, New York, 10004, and Alicia M. Simmons, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, as set forth in this order. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo) (Entered: 12/22/2009)
17 ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF re: (2 in 1:08−cv−04419−SAS) Stipulation and Order. The May 21, 2008 Order shall be deemed amended to include Maureen Billings as a Claimant, in accordance with paragraph 29 of the May 21, 2008 Order. DOCS shall pay the total sum of $43,753.72 to Claimant Maureen Billings,

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04/12/2011

which sum includes back wages, the monetary value of leave accruals restored to Maureen Billings, along with all monetary damages to be issued to Ms. Billings, as set forth in Exhibit A hereto. Except as amended herein, the terms, conditions and provisions of the May 21, 2008 Order are incorporated herein and remain in full force and effect, as modified by this Modification Order. (Signed by Judge Shira A. Scheindlin on 2/24/2011) (tro) Modified on 2/25/2011 (tro). (Entered: 02/24/2011)
18 ORDER MODIFYING MAY 21, 2008 ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF: Paragraph 20 of the May 21, 2008 Order is modified as it pertains to Claimant Maureen Billings to the extent that DOCS shall pay interest on the monetary award to Ms. Billings commencing on the 121st day after receipt by DOCS of the release signed by Ms. Billings. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/12/2011) (lnl) (Entered: 04/13/2011)

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

__________________________________________

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

ECF Case

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

07-CV-2587 (SAS)

)

NEW YORK STATE DEPARTMENT

)

OF CORRECTIONAL SERVICES,

)

COMPLAINT

)

JURY TRIAL DEMAND

Defendant.

)

__________________________________________)

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963 (“EPA”), as amended, to restrain the

unlawful provision of benefits to employees of one sex (male) but not to comparable employees

of the opposite sex (female), and to collect back pay, including, but not limited to, fringe benefits

or the value thereof, and liquidated damages, due to female employees as a result of such

unlawful disparity. As alleged with further particularity in paragraph 8 below, the New York

State Department of Correctional Services violated the EPA by transferring pregnant female

employees only at Sing Sing Correctional Facility from workers’ compensation leave to a less

lucrative maternity leave on or before the birth of their children, without determining whether the

underlying work-related injuries leading to the workers’ compensation leave were ongoing.

Thus, the New York State Department of Correctional Services provided less valuable benefits to

female employees at Sing Sing Correctional Facility than it did to male employees performing

substantially equal work.

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 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of New York.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“EEOC” or “the Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the Equal Pay Act and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, the New York State Department of Correctional Services (“Department of Corrections”), has continuously been an Agency of the State of New York. 5. At all relevant times, Defendant Department of Corrections has continuously been a public agency within the meaning of Section 3(x) of the FLSA, 29 U.S.C. § 203(x). 6. At all relevant times, Defendant Department of Corrections has 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), and Section 262(a) of the EPA. 7. At all relevant times, Defendant Department of Corrections has continuously been
2

an enterprise engaged in commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been a public agency.
STATEMENT OF CLAIMS 8. Since at least December 2000, Defendant Department of Corrections has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by maintaining a policy and practice of transferring pregnant female employees at Sing Sing Correctional Facility from workers’ compensation leave to maternity leave on or before the birth of their children without determining whether the underlying work-related injuries that led to the workers’ compensation leave were ongoing. Male employees who go on workers’ compensation leave are not subject to this policy and practice because Defendant’s policy and practice applies only to women who become pregnant. Defendant’s discriminatory policy and practice is based on the “Disability” section of Defendant’s Directive entitled “Maternity and Child-Rearing Leave,” which requires female employees to immediately use accrued sick leave with pay, then, if approved, sick leave with half pay, then sick leave without pay when they are out on leave due to childbirth; and Defendant’s Workers’ Compensation Benefits Directive, which provides for six months of paid leave without using vacation or sick time when an employee suffers a workrelated injury. Thus, Defendant provides less valuable benefits to female employees than it does to 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. Defendant’s discriminatory actions include, but are not limited to: a. Defendant intentionally switched Lisa Dennison Ayers, a female employee at Sing
3

Sing Correctional Facility, from workers’ compensation leave to maternity leave.
b. Defendant intentionally switched Elsa Harris, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
c. Defendant intentionally switched Monique Horton, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
d. Defendant intentionally switched Eugenia Kirkland, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
e. Defendant intentionally switched Diane Peters, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
f. Defendant intentionally switched Hollie Rathgeber, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
g. Defendant intentionally switched Wanda Rosado, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
h. Defendant intentionally switched Gina Shibah, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
i. Defendant intentionally switched Tashonna Shivers, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
j. Defendant intentionally switched Natasha Wallace-Behlin, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
k. Defendant intentionally switched Sharon Waring, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
l. Defendant intentionally switched Patricia Young, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
m. Defendant intentionally switched Arlene O’Cana, a female employee at Sing Sing Correctional Facility, from workers’ compensation leave to maternity leave.
n. In a memo dated April 16, 2001, a personnel administrator from Defendant’s central location in Albany, New York confirmed that employees on workers’ compensation leave who give birth should be taken off workers’ compensation and put on maternity leave.
4

9. As a result of the acts complained of above, Defendant Department of Corrections unlawfully has withheld and is continuing to withhold pay and/or the provision of proper fringe benefits due to, and/or has improperly calculated fringe benefits such that other employment terms have been unlawfully affected for: Lisa Dennison Ayers, Elsa Harris, Monique Horton, Eugenia Kirkland, Diane Peters, Hollie Rathgeber, Wanda Rosado, Gina Shibah, Tashonna Shivers, Natasha Wallace-Behlin, Sharon Waring, Patricia Young, Arlene O’Cana, and a class of other female employees of Sing Sing Correctional facility who were switched from workers’ compensation leave to maternity leave.
10. The unlawful practices complained of above in paragraphs 8(a)-8(n) are and were willful.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendant Department of Corrections, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating between employees on the basis of sex, by providing different benefits to employees of one sex than it does to employees of the opposite sex for substantially equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. B. Order Defendant Department of Corrections to institute and carry out policies, practices, and programs, which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
5

C. Grant a judgment requiring Defendant Department of Corrections to provide appropriate back pay and/or back fringe benefits (including but not limited to restoration of leave for current employees) in amounts to be determined at trial; an equal sum as liquidated damages; prejudgment interest; and appropriate relief regarding any other terms, conditions or privileges of employment adversely affected by Defendant’s discriminatory practices, to employees whose pay, benefits and/or terms, conditions and/or privileges of employment have been unlawfully withheld or affected as a result of the acts complained of above, including but not limited to: Lisa Dennison Ayers, Elsa Harris, Monique Horton, Eugenia Kirkland, Diane Peters, Hollie Rathgeber, Wanda Rosado, Gina Shibah, Tashonna Shivers, Natasha Wallace-Behlin, Sharon Waring, Patricia Young, Arlene O’Cana, and a class of other female employees of Sing Sing Correctional facility who were switched from workers’ compensation leave to maternity leave.
D. Grant a judgment requiring Defendant Department of Corrections to reinstate female employees who were switched from workers’ compensation leave to maternity leave such that the calculation of leave taken resulted in or hastened the termination of their employment.
E. Grant such further relief as this Court deems necessary and proper in the public interest.
F. 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.
6

Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Y. Reams Associate General Counsel
1801 L Street, NW Washington, DC 20507
/s Elizabeth Grossman Regional Attorney
/s Robert D. Rose Supervisory Trial Attorney
/s Raechel L. Adams (RA-0460) Senior Trial Attorney
New York District Office 33 Whitehall Street, 5th Floor New York, NY 10004 Tel: (212) 336-3707 Fax: (212) 336-3623 raechel.adams@eeoc.gov
7

 
 ZJORIGINAL

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

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

EQUAL EMPLOYMENT OPPORTUNITY

:

COMMISSION,

Plaintiff,

I M~~1CHtl. dCJJ
JUDGE SCHEiN£):
07 Civ. 2587 (SAS) (HP)

v.

L.

ECF CASE

NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES,

Defendant. ------------------------------------------------------------ x ------------------------------------------------------------ x UNITED STATES OF AMERICA,
Plaintiff,

08 Civ. 4419

v.

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

ECF CASE

Defendant. ------------------------------------------------------------ x
ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND AFFIRMATIVE RELIEF

WHEREAS, on or about March 29, 2007, the Equal Employment Opportunity

Commission ("EEOC") filed the above-referenced action, Equal Employment Opportunity

Commission v. New York State Department of Correctional Services, 07 Civ. 2587 (SAS) (HP)

(the "EEOC action"), against the New York State Department of Correctional Services ("DOCS")

in the United States District Court for the Southern District of New York, alleging violations of

the Equal Pay Act of 1963 (the "EPA"), as amended;

WHEREAS EEOC's Amended Complaint, filed on or about May 24, 2007, alleges that

DOCS unlawfully discriminated against female employees at its Sing Sing facility by transferring

pregnant female employees only from Workers' Compensation leave to a less lucrative maternity leave on or before the birth of their children, without determining whether the underlying workrelated injuries leading to the Workers' Compensation leave were ongoing. Thus, EEOC alleges, DOCS provided less valuable benefits to female employees at Sing Sing Correctional Facility than it did to male employees performing substantially equal work;
WHEREAS, EEOC's Amended Complaint further alleges that DOCS provided less valuable benefits based on sex to: Sandra Aponte, Lisa Dennison Ayers, Elsa Harris, Monique Horton, Eugenia Kirkland, Arlene O'Cana, Hollie Rathgeber, Wanda Rosado, Gina Shibah, Tashonna Shivers, Natisha Wallace-Behlin, Sharon Waring, Patricia Young, and other similarlysituated individuals;
WHEREAS, in Charge No. 520-2007-02374, EEOC commenced an investigation of whether DOCS similarly transferred pregnant female employees from Workers' Compensation leave to maternity leave at DOCS facilities other than the Sing Sing Correctional Facility;
WHEREAS, by letter dated June 26,2007, the United States of America (the "United States") advised DOCS that the United States Department of Justice had authorized the United States Attorney for the Southern District of New York to commence a civil action against DOCS for violating Title VII of the Civil Rights Act of 1964;
WHEREAS, the United States of America commenced the above-referenced action (the "United States' action") against DOCS to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended ("Title VII");
WHEREAS, the United States alleges in its Complaint that DOCS discriminated against individual female employees at the Sing Sing Correctional Facility on the basis of their sex by
2

transferring them from paid Workers' Compensation leave and benefits to unpaid maternity leave due to the birth of their children, including charging parties Wanda Rosado, Gina Shibah, Patricia Young, Sharon Waring, and Natisha Wallace-Behlin, and similarly situated current and / or former employees of DOCS;
WHEREAS, the United States further alleges in its Complaint that DOCS engaged in an unlawful pattern and practice of employment discrimination on the basis of sex as a result of its categorical determination that a female employee who gives birth to a child should be transferred from Workers' Compensation leave and benefits without making a determination as to whether, in an individual case, an employee continues to be eligible for Workers' Compensation leave and benefits;
WHEREAS, in addition to the thirteen individuals named as complainants in EEOC's Amended Complaint and the United States' Complaint, ten other individuals, Natalie Caraballo, Maria Velardo, Tamenika Atkins, Leetisha Robinson Dunia, Nicole Holloway, Tawanna Gibson, Jawanna Bellamy, Yolanda Francis, Yvette Dargan, and Patti Pilat have been identified as Claimants in these cases (the twenty-three (23) are collectively referred to herein as "the C laimants");
WHEREAS, as of the date of the parties' execution of this Order and Stipulation Providing for Injunction and Affirmative Relief ("Order"), DOCS has restored leave accruals and back pay in the amounts set forth in this Order;
WHEREAS, DOCS held Workers' Compensation training for all Deputy Superintendents for Administration and Personnel Clerks in July and August 2007;
WHEREAS, on July 9,2007, DOCS issued memoranda via eleetronic mail to all 3

Superintendents, all Deputy Superintendents for Administration, all Personnel Clerks, and all Central Office Personnel Representatives, stating that "[n]o female correction officer may be removed by DOC S from Workers' Compensation benefits due to pregnancy or the birth of a child, nor should a female correction officer be scheduled for an Independent Medical Evaluation solely based on her pregnancy or the delivery of a child";
WHEREAS, on July 24, 2007, DOCS amended Section IV.F.7 of its Directive 2208A, Workers' Compensation Benefits (Security Services), to provide that "[n]o female Correction Officer may be removed by DOCS from Workers' Compensation benefits due to pregnancy or the birth of a child, nor should a female correction officer be scheduled for an Independent Medical Evaluation solely based on her pregnancy or the delivery of a ehild";
WHEREAS, DOCS issued a memorandum dated August 1,2007, from Daniel F. Martuscello III, Director of Personnel, to all Superintendents, concerning the revision of Directive 2208A and directing each of its facilities to read that memorandum to all Correction Officers during each shift's "line-up" procedure;
WHEREAS, EEOC, the United States, and DOCS agree that settlement of these two actions, and the pending investigation of EEOC Charge No. 520-2007-02374, without further litigation is in the public interest and that entry of this Order is the most appropriate means of resolving this action;
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
4

JURISDICTION AND VENUE 1. This Court has jurisdiction over EEOC's action pursuant to 29 U.S.C. § 206(d), and 28 U.S.C. §§ 1331,1343, and 1345. 2. This Court has jurisdiction over the United States' action pursuant to 42 U.S.C. §§ 2000e-5(f)(3), 2000e-6(b), and 28 U.S.C. §§ 1331,1343, and 1345. 3. Venue for these actions is proper in the Southern District of New York.
GENERAL INJUNCTIVE RELIEF 4. EEOC's Amended Complaint is deemed to be amended further, to include allegations of discrimination by DOCS in each of its facilities statewide, and to include claims of Natalie Caraballo, Maria Velardo, Tamenika Atkins, Leetisha Dunia Robinson, Nicole Holloway, Tawanna Gibson, Jawanna Bellamy, Yolanda Francis, Yvette Dargan, and Patti Pilat. 5. DOCS is enjoined from engaging in any act or practice that unlawfully discriminates against any employee on the basis of pregnancy or childbirth, including with respect to leave or benefits related thereto. 6. DOCS is enjoined from removing any female Correction Officer from Workers' Compensation leave due solely to the birth of a child, and from scheduling any female Correction Officer for an independent medical examination based solely on the birth of a child. 7. DOCS is enjoined from retaliating against any person because that person has participated in or cooperated with EEOC's and the United States' investigations of EEOC Charge Nos. 160-2003-00187,520-2006-03586, 520-2006-02632, 520-2006-03441, 16G-A5-03084, or 520-2007-02374, the litigation of the current actions, or the administration of
5

this Order.

NOTIFICATION REGARDING MATERNITY AND CHILD-REARING LEAVE POLICY AND RELATED BENEFITS

8. DOCS shall provide a written notification of its maternity and child-rearing leave

policy and related benefits ("the Maternity Leave Notification") to each DOCS employee who

notifies her facility personnel office of her pregnancy and who requests to use maternity leave or

child-rearing leave prior to or following the birth of a child. A copy of the Maternity Leave

Notification cover letter is attached to this Order as Exhibit A. The attachments listed in Exhibit

A shall be provided with the cover letter. DOCS shall provide the Maternity Leave Notification

within fifteen (15) days of the employee's request to use maternity leave or child-rearing leave.

9. The Maternity Leave Notification shall be in writing, and shall expressly include

the following:

a.

A cover letter containing a list ofthe DOCS directives and policies relating

to maternity and child-rearing leave and Workers' Compensation leave and benefits, including

DOCS Directive 2208A, Workers' Compensation Benefits (Security Services), and Directive

2226, Maternity and Child-Rearing Leave;

b. Copies of the specific directives and policies relating to maternity and

child-rearing leave and related benefits referenced in the Maternity Leave Notification cover

letter; and

c. A copy of the August 1,2007 memorandum from Daniel F. Martuscello

III, Director of Personnel, to all Superintendents, concerning the revision of Directive 2208A.

10. In the event that DOCS modifies the cover letter of the Maternity Leave

6

Notification, attached hereto as Exhibit A, Section IV.F.7 of Directive 2208A or Directive 2226, during the effective period of this Order, DOCS shall provide prior written notice of the change to EEOC and the United States, through undersigned counsel, no less than fifteen (15) business days prior to the effective date of the change. EEOC and the United States shall have the right to seek relief from the Court in the event that such changes are inconsistent with the terms and objectives of this Order.
TRAINING 11. DOCS shall repeat the Workers' Compensation training that it held for all Deputy Superintendents for Administration andlor Personnel Clerks in July and August 2007, once each year during the term of this Order, and shall require each Deputy Superintendent for Administration, Personnel Clerk, and Central Office Personnel Representative to attend the training at least once. This training shall include a discussion of the amended Section IV.F.7 of Directive 2208A, Workers' Compensation Benefits (Security Services), as well as the Maternity Leave Notification. 12. Each time a new Deputy Superintendent for Administration, Personnel Clerk, or Central Office Personnel Representative is hired in any DOCS facility or at Central Office, he or she will be provided with a copy of the Maternity Leave Notification with attachments and a copy of the August 1, 2007 memorandum referred to in paragraph 9(c) herein. 13. By October 31, 2009, DOCS shall provide three (3) hours of anti-discrimination training for all Correction Officers. Such training shall include a discussion of pregnancy discrimination, and a discussion ofdiscrimination in pay and benefits. As part of the training,
7

DOCS shall distribute a copy of the August 1, 2007 memorandum referred to in paragraph 9(c) herein to each attendee. DOCS shall repeat this training once for all Correction Officers between November 1, 2009 and the end of the effective term of this Order.
14. For all new Correction Officers, DOCS shall provide three (3) hours of anti-discrimination training during their first six (6) months of employment. Such training shall include a discussion of pregnancy discrimination, and a discussion of discrimination in pay and benefits. DOCS shall also distribute a copy of the August 1, 2007 memorandum referred to in paragraph 9(c) herein to each attendee.
15. On the anniversary ofthe entry of this Order during each year of the effective period, DOCS shall forward to EEOC and to the United States a copy of the attendance sheets for training sessions conducted during that period.
16. DOCS shall, on two separate and additional occasions during the effective term of this Order, once in 2010 and once in 2012, distribute to all Correction Officers a document outlining employees' equal employment rights. This document shall also include information concerning the policies and procedures for filing a complaint of employment discrimination with EEOC, the New York State Division of Human Rights, and the DOCS Office of Diversity Management. DOCS shall provide the document to EEOC and the United States one month in advance of each distribution of the document.
17. DOCS shall hold a voluntary seminar on leave benefits, available to all employees, once at each facility during the term of this Order. This seminar will include a discussion of Section IV.F.7 of Directive 2208A.
8

MONETARY RELIEF 18. DOCS shall pay the total sum of $972,000 to the Claimants. This sum includes back wages issued to certain Claimants before the parties executed this Order, the monetary value of the leave accruals restored to certain Claimants before the parties executed this Order, along with all monetary damages to be issued to the Claimants as set forth in Exhibit B hereto. 19. EEOC and DOCS agree that all backpay awards are subject to applicable withholding and/or payroll deductions, including but not limited to federal, state and local taxes, such payment to be reported to the Claimants on an IRS Form W2. EEOC and DOCS further agree that all awards of interest, liquidated damages and compensatory damages are to be reported to the Claimants on an IRS Form 1099. Nothing in this Order or in Exhibit B constitutes a representation by the United States of America, EEOC, or the Internal Revenue Service regarding any withholding and/or tax liability of the New York State Department of Correctional Services with regard to the amounts paid to any individual named herein, or any interpretation of applicable tax law by the United States of America, EEOC, or the Internal Revenue Service with regard to such amounts. 20. Payment of the monetary awards set forth in Exhibit B hereto is subject to the approval of all appropriate New York State officials in accordance with the provisions for indemnification under Section 17 of the New York Public Officers Law. Counsel for EEOC and the United States agree to provide a copy of the New York State Standard Voucher (Fonn AC92) to each claimant to receive a monetary award under this Order. In the event that the monetary awards set forth in Exhibit B are not approved by the necessary New York State officials
9

pursuant to Section 17 of the New York Public Officers Law on or before July 1, 2008, EEOC and/or the United States may, at their option, rescind the releases in this Order, and bring any civil claim, action, or proceeding against DOCS for the claims that would otherwise be released in this Order. In the event that the payment of the monetary awards is approved by the necessary New York State officials pursuant to Section 17 of the New York Public Officers Law, but such approval does not occur within 120 days of the entry of this Order by the Court, DOCS shall pay interest on each monetary award set forth in Exhibit B paid more than 120 days after the date of entry, to be calculated in accordance with 28 U.S.C. § 1961, beginning on the 12pt day after the entry of this Order by the Court.
21. The checks constituting payment of the monetary awards set forth in Exhibit B hereto shall be issued in the name of the Claimants, and shall be mailed to the Claimants at their current home addresses. EEOC or the United States shall furnish the Claimants' current names and addresses to DOCS within three business days of the date of the parties' execution of this Order. Each Claimant receiving a monetary award pursuant to this Order shall execute the release attached hereto as Exhibit C as a condition of receiving that award. Counsel for EEOC and the United States shall provide a copy of Exhibit C to each Claimant and shall endeavor to provide the signed releases to DOCS within ten (l0) business days of the date of the parties' execution of this Order.
22. Within fifteen (15) business days of each payment or leave accrual restoration to be made pursuant to this Order, DOCS shall provide copies of the following documentation to Raechel L. Adams, Senior Trial Attorney, Equal Employment Opportunity Commission, 33
10

Whitehall Street, 5th Floor, New York, New York, 10004, and Wendy H. Waszmer, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007:
A. Written confirmation that payments to each individual Claimant pursuant to Exhibit B have been made, and the date of said payments; and
B. written notification of the amount of leave accruals restored to each Claimant, and the date of said restoration; and
C. printed leave records demonstrating the addition of leave accruals to each Claimant's current balance. NOTICE TO EMPLOYEES
23. Within thirty (30) days of the entry of this Order, DOCS shall conspicuously post the "Notice of Settlement" attached to this Order as Exhibit D in a location readily accessible and frequented by DOCS employees in each of its facilities.
24. Within thirty (30) days of the entry of this Order, DOCS shall orally notify its employees of the August 1,2007, memorandum from Daniel F. Martuscello III, Director of Personnel, to all Superintendents, concerning the revision of Directive 2208A, by reading the memorandum during each shift's "line-up" procedures for a 72 hour period at each DOCS facility.
RECORD-KEEPING AND REPORTING 25. During the effective period of this Order, DOCS shall keep and preserve the following records: (a) records of female Correction Officers on Workers' Compensation; (b) any
11

employee complaints received by DOCS' Office of Diversity Management regarding the transfer of female Correction Officers from Workers' Compensation leave to maternity leave or childrearing leave; and (c) any grievances under the contract between DOCS and NYSCOBA that are appealed to Step 2 and received by DOCS' Labor Relations Office regarding the transfer of female Correction Officers from Workers' Compensation to maternity leave or child-rearing leave.
26. EEOC and the United States shall monitor DOCS' compliance with this Order. In connection with monitoring DOCS' compliance, EEOC and the United States may inspect and copy any documents that relate to the subject of this Order, upon fifteen (15) business days written notice to DOCS, without further order of the Court. DOCS reserves its right to seek relief from the Court regarding any such request on the ground that the documents are not relevant or the request is unduly burdensome.
27. DOCS shall, on the anniversary of the entry of this Order during each year of the effective period, provide to EEOC and the United States a written report including the following information:
A. A list of the female Correction Officers who have been on Workers' Compensation leave during the previous year; and
B. The names and employing facilities of the female Correction Officers who have received the Maternity Leave Notification referred to in paragraph 8 herein during the previous year; and
C. Copies of any complaints received by DOCS' Office of Diversity
12

Management during the previous year regarding the transfer offemale Correction Officers from Workers' Compensation leave to maternity leave or child-rearing leave and all written responses to such complaints by DOCS; and D. Copies of any grievances appealed to Step 2 and received by DOCS' Labor Relations Office during the previous year regarding the transfer of female Correction Officers from Workers' Compensation leave to maternity leave or child-rearing leave.
MODIFICATION 28. Except as provided in paragraph 29 herein, there shall be no modification of this Order without the written consent of EEOC, the United States, and DOCS, and the approval of the Court. 29. DOCS has represented to EEOC and the United States that it has made a good faith attempt to identify each female Correction Officer who was transferred from Workers' Compensation benefits to maternity leave or child-rearing leave due to her pregnancy or the birth of a child. In the event that, after the parties have executed this Order, EEOC, the United States, or DOCS identify other current and / or former employees of DOCS who were transferred from Workers' Compensation benefits to maternity leave or child-rearing leave as a result of their pregnancies or due to the birth of children, and who were not previously identified and / or disclosed by DOCS, EEOC and / or the United States shall first confer with DOCS and attempt to resolve the claims on behalf of such employees. If, after thirty (30) days, the parties have not
13

resolved such an employee's claims, EEOC and / or United States have a right to seek a modification of this Order to resolve the claims on behalf of such employees by seeking relief consistent with this Order, and to seek any other appropriate relief from the Court. Should any such employee receive relief under this provision (either through the parties' informal resolution or through an order of this Court), both this Order and EEOC's Complaint in this case shall be deemed amended to include such an employee as a Claimant.
ENTIRE AGREEMENT 30. This Order represents the entire agreement between EEOC, the United States, and DOCS. No prior agreements, oral representations, or statements shall be eonsidered part of this Order. 31. This Order shall not eonstitute an admission of fault or liability. 32. This Order settles the claims raised in the EEOC's Amended Complaint, the United States' action, and EEOC Charge No. 520-2007-02374.
RETENTION OF JURISDICTION 33. This Order shall remain in effect for five (5) years from the date of entry as to the EEOC and for three (3) years from the date of entry as to the United States. This Court shall retain jurisdiction and shall have the same powers it would have with respect to a judgment during this effective period to enforce or modify the provisions of this Order, to resolve any dispute that arises under this Order, and to entertain any application and issue any orders as may be necessary or appropriate for the effectuation of its terms and objectives. 34. The parties shall attempt to informally resolve any disputes, concerns, or
14

perceived violations that may arise under this Order. To that end, EEOC and I or the United States will notify DOCS in writing of any perceived instances of non-compliance with this Order's terms, and DOCS may respond in writing within fifteen (15) business days. The parties shaH engage in a good faith effort to resolve any dispute as to compliance prior to seeking intervention of the Court. EEOC and I or United States shall not make any motion to enforce this Order less than thirty (30) business days after providing DOCS with written notice of the perceived violation as required by this paragraph. If, after receiving written notification of any perceived non-compliance with this Order's terms, DOCS cures the alleged non-compliance to the satisfaction of the United States and EEOC, the United States and/or EEOC agree not to seek relief from the Court relating to the non-compliance, including, but not limited to, an order of contempt. Notwithstanding the foregoing, if the delay caused by the attempt at informal resolution and notice provided for in this paragraph would result in harm to the public interest, EEOC and lor United States may seek appropriate relief immediately from the Court for any perceived non-compliance or violations that may arise under this Order, so long as EEOC and / or the United States provide prior notice to DOCS of any application to the Court. EXECUTION OF ORDER AND STIPULATION PROVIDING FOR INJUNCTION AND
AFFIRMATIVE RELIEF 35. This Order may be executed in counterparts, each of which shall be an original and shall constitute one and the same instrument.
COSTS AND ATTORNEY'S FEES 36. Each party shall bear its own costs and attorney's fees in this action. THE PARTIES HEREBY CONSENT to entry of the foregoing Order and Stipulation
15

Providing for Injunction and Affirmative Relief:

Dated: New York, New York
May~, 2008

Dated: New York, New York May1,2008

EQUAL OPPORTUNITY EMPLOYMENT

ANDREW M. CUOMO

COMMISSION

Attorney General of the State ofl\ew York

By: ELIZA ETH GROSSMAN

By:

Attorney for Defendant New York State
6aX:;;f ;~reiJnal Services
HATH~ BARBARA K.

Regional Attorney

Assistant Attorney General

RAECHEL L. ADAMS

120 Broadway

Senior Trial Attorney

New York, New York 10271

New York District Office

Telephone: (212) 416-8560

33 Whitehall Street, 5th Floor

New York, New York 10004

Telephone: (212) 336-3707

Dated: New York, New York MayL,2008
MICHAEL J. GARCIA United States Attorney for the Southern District of New York

By:
Assistant United States Attorney 86 Chambers Street New York, New York 10007 Telephone: (212) 637-2729
SO ORDERED.

16

A

BRIAN FISCHER
COMMISSIONER

STATE OF NEW YORK
DEPARTMENT OF CORRECTIONAL SERVICES
STATE CAMPUS - BUILDING #2 1220 WASHINGTON AVENUE
ALBANY, N.Y. 12226-2050

EXHIBIT A
GAYLE HAPONIK
DEPUTY COMMISSIONER ADMINISTRATIVE SERVICES

MEMORANDUM

FROM: SUBJECT: DATE:

Daniel F. Martuscello III. Director of Personnel Information Prior to the Birth of a Child DRAFT

Congratulations on the impending birth of your child! This should be a time of anticipation and happiness. During this time, you must care for yourself and your baby. To help ease any stress or confusion regarding your benefits and to ensure that you take full advantage of aU of your benefits. we present this information packet.

In this packet, you will find several Department Directives that outline your benefits and your

responsibilities to ensure that your benefits are administered fully. Here is a list of some of the information

that you should review:
» Directive #2202, Attendance Control Program, has information on reporting absences, when you

should submit documentation and what constitutes proper medical documentation.
» Directive #2204, Sick Leave at Full Pay, outlines the proper usage of both short-term and long-term

personal and family sick leave.
> Directive #2206, Sick Leave at Half-Pay, gives information on how half-pay eligibility is earned and

the requirements to request usage of half-pay.

}> Directive #2208A, Workers' Compensation Benefits - (Security Services), describes procedures to

be followed whenever an employee in the Security Services requests Workers' Compensation

benefits. Section F. specifically addresses how the benefit interacts with pregnancy or the birth of a

child.
> Directive #2220, Family Medical Leave Act, describes the federal law that allows eligible employees

to take up to 12 weeks annually for health related issues, including the birth of a baby. During

periods covered by the FMLA, your job status and health benefits will be protected. The directive

gives information on how to request FMLA, who is eligible for FMLA usage, FMLA documentation

requirements and how FMLA usage is administered. The directive also gives information on how the

FMLA works in concert with the various accruals you may be using.

).> Directive #2221, Employee Health Insurance. gives details on this important benefit. Information

includes employee eligibility and dependent coverage.

}> Directive #2226, Maternity and Child-Rearing Leave. describes the duration of lime that can be used

as maternity leave, how your other accruals can be used during this period, as well as the

documentation requirements.
> All Superintendent Memorandum from Director of Personnel, describes portions of Directive #220BA.
» Employees' Manual, Section 22, Affirmative Action Policy. provides the address to report any action

you believe to be discriminatory.

).> Employees' Manual. Section 26, Attendance Rules, provides an overview of the various leave

benefRs.

.

);> Department of Civil Service Health Insurance Transaction Form PS-404. Submit a completed copy

of this form. afong with statement from your doctor of the date of birth of the baby, to your facility

Personnel Office so that your baby can be added to your health insurance. Obviously, this should be

taken care of as soon after the birth as possible.

You should review the current contract between New York State and NYSCOPBA for additional information about health insurance and accrual usage. You should contact your facility Personnel Office for health insurance information on your chosen plan for prenatal, child delivery and well child doctor's appointments
Again. let me congratulate you on this wonderful event If you have any additional questions regarding health benefits or accruals usage, please contact your facility Personnel Office.
2

BRIAN FISCHER
COMMISSIONER

STATE OF NEW YORK
DEPARTMENT OF CORRECTIONAL SERVICES
STATE CAMPUS - BUILDING #2 1220 WASHINGTON AVENUE
ALBANY, NY 12226-2050

GAYLE HAPONIK
DEPUTY COMMISSIONER ADMINISTRATIVE SERVICES

I,

, have received a copy of the informational packet which outlines

the various benefits I am entitled to during my pregnancy and after the birth of my child.

Employee Signature

Date

The facility Personnel Office was notified of an impending birth of a child and as a result sent a copy of the information packet which outlines the various benefits that the employee is entitled to during the pregnancy and after the birth of the child to the employee, via certified mail, to the address the employee has on file with the facility_

Name of Employee Packet Sent To

Date Sent

Personnel Clerk Signature

Date

cc: Employee Personal History File Central Office Personnel

B

EXHIBITB SPECIFIC RELIEF FOR SANDRA APONTE 1. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Sandra Aponte in the amount of$9,019.05, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 42 hours of vacation leave accruals, which the parties have agreed to value at $772.80, and 28 hours of sick leave accruals, which the parties have agreed to value at $515.20. 2. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Aponte with an additional monetary award of $64,279.44. The payments to be made shall be carried out in accordance with and subject to the following: A. DOCS shall provide Ms. Aponte with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her; B. DOCS shall provide Ms. Aponte with a printed leave record demonstrating the addition of leave accruals to her current balance; C. DOCS shall pay to Ms. Aponte a monetary award in the amounts of $3,789.39, which shall be considered interest, $10,307.05, which shall be considered liquidated damages, and $50,183, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 V.S.c. § 1981a.
1

SPECIFIC RELIEF FOR TAMENIKA ATKINS 3. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS restored to Tamenika Atkins 184 hours of vacation leave accruals, which the parties have agreed to value at $3,659.30, and 64 hours of sick leave accruals which the parties havc agreed to value at $1,272.80. 4. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Atkins with an additional monetary award of$19,976.17. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Atkins with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Atkins with a printed leave record demonstrating the addition ofleave accruals to her current balance;
C. DOCS shall pay to Ms. Atkins a monetary award in the amounts of $983.07, which shall be considered interest, $4,932.10, which shall be considered liquidated damages, and $14,061, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.
2

SPECIFIC RELIEF FOR NATISHA BEHLIN 5. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Natisha Behlin in the amount of $7,078.81, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 36 hours of vacation leave accruals, which the parties have agreed to value at $760.13, and 36 hours of sick leave accruals, which the parties have agreed to value at $760.13. 6. Within 120 days ofthe date of the entry of this Order, DOCS shall provide Ms. Behlin with an additional monetary award of $32,206.25. The leave to be restored and payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Behlin with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Behlin with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Behlin a monetary award in the amounts of $2,515.47, which shall be considered interest, $8,599.07, which shall be considered liquidated damages, and $21,091.71, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
3

SPECIFIC RELIEF FOR JAWANNA BELLAMY 7. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Jawanna Bellamy in the amount of$6,357.90, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 132 hours of vacation leave accruals, which the parties have agreed to value at $3,100.68, and 44 hours of sick leave accruals, which the parties have agreed to value at $1,033.56. 8. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Bellamy with an additional monetary award of $40,445.72. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Bellamy with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Bellamy with a printed leave record demonstrating the addition ofleave accruals to her current balance;
C. DOCS shall pay to Ms. Bellamy a monetary award in the amounts of $1,831.58, which shall be considered interest, $10,492.14, which shall be considered liquidated damages, and $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.
4

SPECIFIC RELIEF FOR NATALIE CARABALLO 9. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Natalie Caraballo in the amount of$5,173.94, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 180 hours of vacation leave accruals, which the parties have agreed to value at $3,934.35, and 80 hours of sick leave accruals, which the parties have agreed to value at $1,748.60. 10. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Caraballo with an additional monetary award of $40,508.75. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Caraballo with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Caraballo with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Caraballo a monetary award in the amounts of $1,529.86, which shall be considered interest, $10,856.89, which shall be considered liquidated damages, and $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a.
5

SPECIFIC RELIEF FOR YVETTE DARGAN 11. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS restored to Yvette Dargan 280 hours ofvacation leave accruals, which the parties have agreed to value at $5,054.70, and 80 hours of sick leave accruals, which the parties have agreed to value at $1,444.20. 12. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Dargan with an additional monetary award of $36,866.71. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Dargan with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Dargan with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Dargan a monetary award in the amounts of $2,245.81, which shall be considered interest, $6,498.90, which shall be considered liquidated damages, and $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.
6

SPECIFIC RELIEF FOR LEETISHA ROBINSON DUNIA 13. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Leetisha Robinson Dunia in the amount 0[$7,529.05, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 138 hours of vacation leave accruals, which the parties have agreed to value at $3,304.58, and 36 hours of sick leave accruals, which the parties have agreed to value at $862.07. 14. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Dunia with an additional monetary award of$34,942.03. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Dunia with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Dunia with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Dunia a monetary award in the amounts of $2,154.83, which shall be considered interest, $11,695.70, which shall be considered liquidated damages, and $21,091.50, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 ofthe Civil Rights Act of 1991, 42 U.S.c. § 1981a.
7

SPECIFIC RELIEF FOR TAWANNA GIBSON 15. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Tawanna Gibson in the amount of$6,160.69, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes. 16. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Gibson with an additional monetary award of $29,438.38. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Gibson with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Gibson with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Gibson a monetary award in the amounts of $2,186.19, which shall be considered interest, $6,160.69, which shall be considered liquidated damages, and $21,091.50, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 V.S.c. § 1981a.
8

SPECIFIC RELIEF FOR ELSA HARRlS 17. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS restored to Elsa Harris 248 hours of vacation leave accruals, which the parties have agreed to value at $5,580.62. 18. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Harris with an additional monetary award of$27,980.12. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Harris with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Harris with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Harris a monetary award in the amounts of $1,308.00, which shall be considered interest, $5,580.62, which shall be considered liquidated damages, and $21,091.50, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of1991, 42 U.S.c. § 1981a.
9

SPECIFIC RELIEF FOR NICOLE HOLLOWAY 19. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Holloway with a monetary award of$28,122. The payment to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall pay to Ms. Holloway a monetary award in the amount of $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.
10

SPECIFIC RELIEF FOR MONIQUE HORTON 22. DOCS has issued backpay to Monique Horton in the amount of$2,362.83, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and has restored to Monique Horton 176 hours of vacation leave accruals, which the parties have agreed to value at $3,158.20, and 16 hours of sick leave accruals, which the parties have agreed to value at $299.66. Additionally, DOCS has included documentation in Ms. Horton's personnel file acknowledging that Ms. Horton should not have been considered to be on "AWOL" status for the period of 12/5/01-1/9102. 23. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Horton with an additional monetary award of $32,20 1.02. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Horton with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Horton with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Horton a monetary award in the amounts of $1,388.83, which shall be considered interest, $5,820.69, which shall be considered liquidated damages, and $24,991.50, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
11

SPECIFIC RELIEF FOR YOLANDA JACKSON 20. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Yolanda Jackson in the amount of $2,255.69, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes. 21. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Jackson with an additional monetary award of$30,920.67. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Jackson with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Jackson with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Jackson a monetary award in the amounts of $542.98, which shall be considered interest, $2,255.69, which shall be considered liquidated damages, and $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.
12

SPECIFIC RELIEF FOR EUGENIA KIRKLAND 24. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Eugenia Kirkland in the amount of$14,083.66, less DOCS' calculation of withholding and I or payroll deductions, including but not limited to federal, state and local taxes. 25. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Kirkland with an additional monetary award of $32,695.82. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Kirkland with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Kirkland with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Kirkland a monetary award in the amounts of $4,551.16, which shall be considered interest, $14,083.66, which shall be considered liquidated damages, and $14,061, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.
13

SPECIFIC RELIEF FOR ARLENE O'CANA 26. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Arlene O'Cana in the amount of$7,112.48, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 62 hours of vacation leave accruals, which the parties have agreed to value at $1,764.13, and 20 hours of sick leave accruals, which the parties have agreed to value at $569.08. 27. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. O'Cana with an additional monetary award of$37,927.87. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. O'Cana with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. O'Cana with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. O'Cana a monetary award in the amounts of $360.18, which shall be considered interest, $9,445.69, which shall be considered liquidated damages, and $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 ofthe Civil Rights Act of 1991, 42 U.S.C. § 1981a.
14

SPECIFIC RELIEF FOR PATTI PILAT 28. DOCS has restored to Patti Pilat 108 hours of vacation leave accruals, which the parties have agreed to value at $1,863.23, and 116 hours of sick leave accruals, which the parties have agreed to value at $2,001.22. 29. Within 120 days of the date of the entry of this Order, DOCS shaH provide Ms. Pilat with an additional monetary award 0[$18,030.55. The payments to be made shall be carried out in accordance with and subject to the fol1owing:
A. DOCS shall provide Ms. Pilat with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Pilat with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Pilat a monetary award in the amounts of$105.10, which shall be considered interest, $3,864.45, which shall be considered liquidated damages, and $14,061, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a.
15

SPECIFIC RELIEF FOR HOLLIE RATHGEBER 30. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Hollie Rathgeber in the amount of $1,218.54, less DOCS' calculation of withholding and I or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 4 hours of vacation leave accruals, which the parties have agreed to value at $77.20. 31. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Rathgeber with an additional monetary award of $43,881.27. The leave to be restored and payments to be niade shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Rathgeber with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Rathgeber with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Rathgeber a monetary award in the amounts of $402.53, which shall be considered interest, $1,295.74, which shall be considered liquidated damages, and $42,183, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
16

SPECIFIC RELIEF FOR WANDA ROSADO 32. DOCS has issued backpay to Wanda Rosado in the amount of$12,379.95, less DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 104 hours of vacation leave accruals, which the parties have agreed to value at $2,114.97, and 136 hours of sick leave accruals, which the parties have agreed to value at $2,733.78. 33. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Rosado with an additional monetary award of$68,612.05. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Rosado with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Rosado with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Rosado a monetary award in the amounts of $2,169.63, which shall be considered interest, $17,228.70, which shall be considered liquidated damages, and $49,213.72, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
17

SPECIFIC RELIEF FOR GINA SHIBAH 34. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS restored to Gina Shibah 312 hours of vacation leave accruals, which the parties have agreed to value at $7,720.83. 35. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Shibah with an additional monetary award of$15,592.12. The leave to be restored and payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Shibah with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Shibah with a printed leave record demonstrating the addition ofleave accruals to her current balance;
C. DOCS shall pay to Ms. Shibah a monetary award in the amounts of $840.58, which shall be considered interest, $7,720.83, which shall be considered liquidated damages, and $7,030.71, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of1991, 42 U.S.c. § 1981a.
18

SPECIFIC RELIEF FOR TASHONNA SHIVERS 36. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Tashonna Shivers in the amount of$3,940.89, less DOCS' calculation of withholding and I or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 152 hours of vacation leave accruals, which the parties have agreed to value at $2,736.76, and 48 hours of sick leave accruals, which the parties have agreed to value at $864.24. 37. Within 120 days of the date ofthe entry of this Order, DOCS shall provide Ms. Shivers with an additional monetary award of $36,300.62. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Shivers with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Shivers with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Shivers a monetary award in the amounts of $636.73, which shall be considered interest, $7,541.89, which shall be considered liquidated damages, and $28,122, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of1991, 42 U.S.C. § 1981a.
19

SPECIFIC RELIEF FOR MARIA VELARDO 38. DOCS has issued backpay to Maria Velardo in the amount of $5,054.36 less, DOCS' calculation of withholding and / or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 162 hours of vacation leave accruals, which the parties have agreed to value at $3,524.51, and 12 hours of sick leave accruals, which the parties have agreed to value at $261.08. 39. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Velardo with an additional monetary award of$32,788.38. The leave to be restored and payments to be made shan be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Velardo with, and include in her official personnel file, written notification of the amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Velardo with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Velardo a monetary award in the amounts of $2,856.93, which shall be considered interest, $8,839.95, which shall be considered liquidated damages, and $21,091.50, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
20

SPECIFIC RELIEF FOR SHARON WARING 40. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS issued backpay to Sharon Waring in the amount of $1 ,065.06, less DOCS' calculation of withholding and I or payroll deductions, including but not limited to federal, state and local taxes, and DOCS restored 332 hours of vacation leave accruals, which the parties have agreed to value at $7,265.82, and 104 hours of sick leave accruals, which the parties have agreed to value at $2,276.04. 4l. Within 120 days of the date of the entry ofthis Order, DOCS shall provide Ms. Waring with an additional monetary award of$53,797.74. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Waring with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Waring with a printed leave record demonstrating the addition ofleave accruals to her current balance;
C. DOCS shall pay to Ms. Waring a monetary award in the amounts of $1,007.61, which shall be considered interest, $10,606.92, which shall be considered liquidated damages, and $42,183.21, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.
21

SPECIFIC RELlEF FOR LISA WILSON 42. Between the date the EEOC filed its Complaint and the date the parties executed this Order, DOCS restored to Lisa Wilson 224 hours of vacation leave accruals, which the parties have agreed to value at $5,061.28, and 48 hours of sick leave accruals, which the parties have agreed to value at $1,084.56. 43. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Wilson with an additional monetary award of $20,655.04. 'The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Wilson with, and include in her official personnel file, written notification ofthe amount ofleave accruals restored to her;
B. DOCS shall provide Ms. Wilson with a printed leave record demonstrating the addition of leave accruals to her current balance;
C. DOCS shall pay to Ms. Wilson a monetary award in the amounts of $448.20, which shall be considered interest, $6,145.84, which shall be considered liquidated damages, and $14,061, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a.
22

SPECIFIC RELIEF FOR PATRICIA YOUNG 44. Between the date the EEOC filed it'> Complaint and the date the parties executed this Order, DOCS restored to Patricia Young 176 hours of vacation leave accruals, which the parties have agreed to value at $3,850.44, and 40 hours of sick leave accruals, which the parties have agreed to value at $875.10. 45. Within 120 days of the date of the entry of this Order, DOCS shall provide Ms. Young with an additional monetary award of$19,132.53. The payments to be made shall be carried out in accordance with and subject to the following:
A. DOCS shall provide Ms. Young with, and include in her official personnel file, written notification of the amount of leave accruals restored to her;
B. DOCS shall provide Ms. Young with a printed leave record demonstrating the addition ofleave accruals to her current balance;
C. DOCS shall pay to Ms. Young a monetary award in the amounts of $345.78, which shall be considered interest, $4,725.54, which shall be considered liquidated damages, and $14,061.21, which shall be considered compensatory damages pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 V.S.c. § 1981a.
23

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

EXHIBITC

CLAIMANT RELEASE

In consideration for $

paid to me by the New Yark State Department of

Correctional Services connection with the resolution of EEOC and the United States v. NY

State Dept. of Correctional Servs., I waive my right to recover for any claims of discrimination

based on sex arising under the Equal Pay Act and Title VII of the Civil Rights Act of 1964, as

amended, that I had against the New York State Department of Correctional Services prior to the

date of this release and that were included in the claims alleged in EEOC's and the United

States' Complaints in EEOC and the United States v. NY State Dept. of Correctional Servs.

Date: _ _ _ _ _ _ __

Signature: ~_ _ _ _ _ _ _ _ __

EXHIBIT D
NOTICE TO NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES EMPLOYEES
This Notice is being posted pursuant to an Order and Stipulation Providing for Injunction and Affirmative Relief (the "Order") entered in resolution of lawsuits brought by the U.S. Equal Employment Opportunity Commission ("EEOC") and the United States Attorney's Office for the Southern District of New York against the New York State Department of Correctional Services ("DOCS") in federal court in the Southern District of New York. In the lawsuits, the EEOC and the United States of America alleged the DOCS has unlawfully discriminated against female employees at its Sing Sing facility by transferring pregnant female employees only from workers' compensation leave to a less lucrative maternity leave on or before the birth of their children, without first determining whether the underlying work-related injuries leading to the workers' compensation leave were ongoing.
Under the Order, DOCS is enjoined from engaging in any act or practice that unlawfully discriminates against any employee on the basis ofpregnancy or childbirth, including with respect to leave or benefits related thereto. DOCS is further enjoined from retaliating against, or in any way, adversely affecting the terms, and conditions, or privileges of employment of any person, because that person has participated or cooperated with EEOC's and the United States' investigations of EEOC Charge Nos. 160-2003-00187,520-2006-03586,520-2006-02632,5202006-03441, and 16G-A5-03084, or 520-2007-02374, the litigation of the EEOC's and United States' lawsuits, or the administration of the Order.
DOCS' Directive #2208A, Workers' Compensation Benefits (Security Services), has been revised and reissued, effective July 24, 2007. This Directive outlines the conditions that must be satisfied and the procedure to be followed whenever an employee in the Security Service Unit Or the Security Supervisors Unit requests Workers' Compensation benefits.
The Directive states, in part, that employees who have sustained a work-related injury must remain on workers' compensation benefits until such time as:
1. An individualized Independent Medical Evaluation ("1ME") determination is made regarding whether the employee continues to qualify for the benefits as a result of a work-related injury, or
2. DOCS receives medical documentation from the employee's personal physician indicating that the employee is no longer disabled due to his/her work-related injury, or
3. Upon determination from the Workers' Compensation Board that a period oflost time is not compensable.

This procedure is especially important as it pertains to female correction officers who are or who may become pregnant or who may deliver a child while they are on workers' compensation benefits. No female correction officer may be removed by DOCS from workers' compensation benefits due to pregnancy or the birth of a child, nor should a female correction officer be scheduled for an IME based solely on her pregnancy or the delivery of a child. Female correction officers who are or who become pregnant may only be removed from workers' compensation benefits when the above-described conditions are satisfied, indicating that they are no longer disabled due to their work-related injury or otherwise do not qualifY for workers' compensation benefits, without regard to their pregnancy.
In accordance with DOCS' Employees' Manual, Section 22, DOCS is committed to the implementation of the principles and practices of equal employment opportunity in all phases of personnel policy and practices. In doing so, DOCS does not discriminate against any person because of race, color, religion, national origin, sexual orientation, age, sex, disability or Vietnam era veteran status.
Furthermore, the federal Pregnancy Discrimination Act provides that discrimination of any kind on the basis of pregnancy or childbirth constitutes unlawful discrimination on the basis of sex under Title VII of the Civil Rights Act. Female employees affected by pregnancy or childbirth may not be treated less favorably than other employees for any employment-related purposes, including the receipt of workers' compensation benefits.
Similarly, the federal Equal Pay Act requires that males and females in substantially equal jobs receive equal treatment in terms of pay and benefits.
If you have a complaint of discrimination or harassment, you may report it directly to the Equal Employment Opportunity Commission. The EEOC maintains offices throughout the United States, including in New York, New York. Its New York District Office is located at:
Equal Employment Opportunity Commission 33 Whitehall Street, 5th Floor New York, NY 10004 800-669-4000
You may also report a complaint of discrimination or harassment to the Civil Rights Unit of the United States Attorney's Office for the Southern District of New York, which is located at:
United States Attorney's Office for the Southern District of New York Attn: Civil Rights Unit 86 Chambers Street, 3rd Floor New York, New York 10007
2

This Notice will remain posted until - - - - - -,2013.
Signed this ___ day _________,2008. By:
ANTHONY 1. ANNUCCI Executive Deputy Commissioner New York State Department of Correctional Services
3

 
 Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 1 of 7

JN THE UNITED STATES DlSTRK'T COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

-

-

EQUAL EMPLOY:MENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO. 07-CV-2587

v.

)

{SASIHP)

)

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

)

)

~MENDED COMJ'LAI_NI

___ )

Defendant.

)

)

JURY TRIAL DEMAND

J)IATURE OF THE A~ION This is an action under the F4ual Pay Act of1963 ("EPA"), as amended, to restrain the unlawful provision ofbenefits to employees of one sex (male) but not to comparable employees of the opposite sex (female), and to collect back pay, including, but not limited to, fringe benefits or the value thereof. and liquidated damages, due to female employees as a result of such unlawful disparity_ As alleged with furtherpanicularityin paragraph 8 below, the New York State Department ofCorrectional Services violated the EPA by transfening pregnant female employees only at Sing Sing Correctional Fadlily from workers' compensation leave to a less lucrative maternity leave on or before the birth of their children. without determining \Vhether the underlying work-related injuries leading to the workers' compensation leave were ongoing, Thus, the Nev; York State Department ofCorrectional Services provided less valuable benefit<; to
female employees at Sing Slug Correctional Facility ttum it did to male employees perfonning
substantially equal work. JURISDICTlQN AND YENm;
I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, !337,

Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 2 of 7
1343 and 1345. This action is authorized and instituted pursuant to Sections 16(e) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to
enforce the requirements ofthe Equal Pay Act of 1963, codified as Section 6(d) ofthe FLSA, 29
u.s.c. § 206(d).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of New York.
;eARTQ<;li 3. Plaintiff, the Equal Employment Opportunity Commission ("EEOC" or "the Commissionn), is the agency ofthe United States of America charged with the administr.ttion~ interpretation and enforcement of the Equal Pay Act and is expressly authorized to bring this action by Sections l6(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section I ofRoorganization Plan No, 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times. Defendant, the New York State Department of Correctional Services ("Department ofCorrections'"), has continuously been an Agency ofthe State of New York. 5. At all relevant times, Defen<lant Department of Corrections has continuously been
a public agency within the meaning of Section 3(x) ofthe FLSA, 29 U.S.C. § 203(x).
6, At all relevant times, Defendant Department of Corrections has acted directly or indirectly as an employer in relation to employees and has continuously been an employer wlthin
the meooing of Section 3(d) of the FLSA, 29 U.S.C. § 203(d), and Section 262(a) of the EPA.
7, At all relevant times, DetMdant Department of Corrections has continuously been
2

Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 3 of 7
an enterprise engaged in commerce within the meaning of Sections 3(r) and (s} of the FLSA> 29 US,C. §§ 203(r) and (s), in that said cntc'l]lrise has continuously been a public agency.
!lTATEMJ!:l'.':LQ.LCL~ 8. Since at least December 2000, Defendant Department of Corrections has violated Sections 6(d)(l) and l5(a)(2) of the FLSA, 29 U.S.C. §§ 206(d){l) and 215(a)(2), by maintaining a policy and practice oftransferring pregnant female employees at Sing Sing CorrectJonal Facility from workers' compensation leave to maternity leave on or before the birth of their children \Vithout determining whether the underlying work-related injuries that led to the workers' compensation leave were ongoing. Male employees who go on workers' compensation leave are not subject to this policy and practice because Defendant's policy and practice applies only to women who become pregnant. Defendant's discriminatory policy and practice is based on the "Disabiliti' section of Defendant's Directive entitled ..Maternity and Child-Rearing Leave." which requires female employees to immediately use accrued sick leave with pay, then, if approved, sick leave with half pay, then stck leave without pay when they are out on ieave d~le to childbirth; and Defendant's Workers' Compensation Benefits Directive, which provides for six months of paid leave without using vacation or sick time whetl an employee suffers: a workrelated injury. ThlL'S, Dcibndant provides less valuable benefits lo female employees than it does to male employees in the same establishment for substantia11y equal work on jobs the perfonnance ofwhich requires equal skill, effort, and respunsibility, and which arc performed under similar working conditions. Detendant's discriminatory actions include, hut are not limited to: a. Defendant intentionally switched Lisa Dennison Ayers1 a fema:le employee at Sing
3

Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 4 of 7
Sing Correctional Facility, from workers' compensation leave to maternity leave.
b. Defendant intentionally switched Elsa Harris. a female employee at Sing Sing Correctional FaciHty, :from workers' compensation leave to maternity leave.
c. Defendant intentionally switched Monique Horton, a female employee at Sing Sing Correctional Facility, from workers' compensation leave to maternity leave.
d. Defendant intentionally switched Eugenia Kirkland, a female employee at Sing Sing Correctionai Facility, from workers' compensation leave to matemit:Y leave.
e. Defendant intentionally switched Hollie Rathgeber, a female emplo:yce at Sing Sing Corre:::tional Facility, from workers' compensation leave to maternity leave.
f. Defendant intentionally switched Wanda Rosado, a female employee at Sing Sing Correctional Faci11ty, from workers' compensation leave to maternity leave.
g, Defendant intentionally switched Gina Shibah, a female employee at Sing Sing C-Orrectional Facility~ from workers' compensation leave to maternity leave.
h. Defendant intentionally switched Tashonna Shivers, a female employee at Sing Sing Correctional Facility, from workers' compensation leave to maternity teave.
L Defendant intentionally switched Natisha Wallace-Behlin, a female employee at Sing Sing Correctional Facility, from workers' compensation leave to maternity
leave.
j. Defendant intentionally switched Sharon Waring, a female employee at Sing Sing Correctional Facility, from workers~ compensation leave to maternity leave.
k. Defendant intentlonaUy switcl1ed Patricia Young, a female employee at Sing Sing Correctional Facility, from w-orkers' compensation leave to maternity leave.
1. Defendant intentionally switched Arlene O'Cana, a female employee at Sing Sing Correctional Facility, from workers' compensation leave to maternity leave,
m. Defendant intentionaUy switched Sandra Aponte (f.k.a. Sandra Gonzalez), a female employee at Sing Sing Correctional Facility, from workers' compensation leave to maternity leave.
n. In a memo dated April6, 2001, a personnel administrator from Defendant's central location in Albany, New York confirmed that emptoyecs on workers' compensation leave who give birth should be taken off workers' compensation
4

Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 5 of 7
and put on maternity leave. 9. As a result of the acts complained of ahove1 Defendant Department of Corrections unlawfully has withheld and is continuing to withhold pay and/or the provision of proper fringe
benefits due to, and/or has improperly calculated fiinge benefits such that other employment
terms have been unlawfully affected for: Lisa Dennison Ayers, Eisa Harris, Monique Horton,
Eugenia Kirkland, Hollie Rathgeber, Wanda Rosado, Gina Shibah, Tasholllla Shivers, Natisha Wallace-Behlin, Sh!!Ion Waring, Patricia Young, Arlene O'Cana, Sandra Aponte, and a class of other temale employees of Sing Sing Correctional facility who were switehed from workers' compensation leave to matemity leave.
10. The unlawful practices complained ofabove in paragraphs 8(a)-8(n) are and were
willful. f!M,Y~R I<:Q!L_RELII';F
Wherefore, the Commission requests that this Court: A Grant a permanent injunction enjoining Defendant Department of Corrections. its officers. successors, assigns and all persons in ac-tive concert or participation \Vith it, fr-om discriminating bettveen employees on the basis of sex, by providing different benefits to employees ofone sex than it docs to employees of the opposite sex for substantially equal work on jobs the perfonnance of which requires equal skill, effort, and responsibility, and which are perfonned under similar working conditions. B. Order Defendant Department of Corrections to institute and carry out policies, practices, and programs, which provide equal employrnent opportunities for women and which eradicate the effects of its past and present tullawful employment practices.
5

Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 6 of 7
C. Grant a judgment requiring Defendant Department of Corrections to provide
appropriate back pay and/or back fringe be.nefits (including but not limited to restoration ofleave
for current employees) in amounts to be detcnnined at trial; an equal sum as liquidated damages; prejudgment interest; and any other terms, conditions or privileges adversely afiected by
Defendant's discriminatory practices1 to emp1oyecs whose pay andlor benefits have been
rullawfuUy withheld or affected as a result of the acts complained of above, including but not limltOO. to: Lisa Dennison Ayers, Elsa Harris, Monique Horton, Eugenia Kirkland, Hollie Rllthgeber, Wanda Rosado, Gina Shibah, Tashonna Shivers, ::<atisha Wallace-Behlin, Sbarnn Waring, Patricia Young, Arlene O'Cana. Sandra Aponte, and a class ofother female employees of Sing Sing Correctional facility who were switched from workers' compensation leave to
matemity leave.
D. Grant a judgment requiring Defendant Department of Corrections to reinstate female employees who were switched from workers' compensation leave to maternity leave such that the calculation of leave taken resulted in or hastened the tennination of their employment.
E. Grant such further relief as this Court deems necessary ami proper in the public interest
F. Award the Commission its costs of this action. JURYTRlt\L DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
6

Case 1:07-cv-02587-SAS Document 4 Filed 05/24/07 Page 7 of 7
Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY
CO~L\1ISSION
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel
1801 L Street, NW Washington, DC 20507

··zo~-

RobertD. Rose

--

Supervisory Trial Attorney

_Jl~~
Raechel L. Adams (RA-0460) Senior Trial Attorney
New York District Office 33 Whitehall Street, 5'= Floor
New York, NY 10004 Tel: (212) 336-3707 Fax: (212) 336-3623 raechcl.adams@eeoc.gov

7