UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

:

:

Plaintiff,

:

:

v.

:

:

:

WHITE HOUSE HOME FOR ADULTS

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Defendant.

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:

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CIVIL ACTION NO.
COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Theresa Chase and similarly situated female employees (hereinafter “the class”) who were affected by such practices. As alleged with greater particularity in paragraph 7 below, White House Home for Adults (hereinafter “Defendant”), subjected the class of female employees to repeated sexual harassment and unlawful retaliation. In addition, Defendant constructively discharged Theresa Chase and similarly situated female employees when it failed to remedy the sexually hostile work environment.

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 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. Defendant regularly does business within the Northern District of New York and venue is proper in this district pursuant to 28 U.S.C. § 1391.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”) is the agency of the United States of America charged with administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a New York corporation doing business in the State of New York, Rensselaer County, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C.
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§§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Theresa Chase filed charges with the Commission, on behalf of herself and similarly situated female employees, alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October of 2000, Defendant engaged in unlawful employment practices at its facility in Rensselaer, New York in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). These practices include, but are not limited to, the following: a. Defendant subjected the class to sexually harassing conduct including but not limited to: solicitation for sex, sexually explicit jokes and comments, offensive sexual advances and gestures, groping of female’s bodies, pressuring female employees to wear sexually provocative clothing and threats of retaliation. Defendant also subjected the class to discriminatory conditions which resulted in unlawful retaliation and their constructive discharge. b. Although female employees complained about the harassment, Defendant made no efforts reasonably calculated to prevent or eradicate the continuing behavior and hostile work environment.
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c. Defendant constructively discharged Theresa Chase and similarly situated female employees in violation of Title VII when it failed to remedy a hostile work environment which made conditions so intolerable that she was forced to leave her position.
8. The effect of the practices complained of above has been to deprive a class of female employees equal employment opportunity, inflict emotional pain and suffering upon them, cause them to suffer financial losses and otherwise adversely affected the class.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of the class, and are imputable to the Defendant.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with Defendant, from engaging in any employment practice which discriminates on the basis of sex.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal opportunities for employees to work in an environment free of unlawful
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discrimination and provide affirmative relief necessary to eradicate the effects of Defendant’s past and present unlawful employment practices.
C. Order Defendant to make the class whole by providing compensation for past and future pecuniary losses resulting from its unlawful treatment, including prejudgement interest, in amounts to be determined at trial.
D. Order Defendant to compensate the class for past and future nonpecuniary losses resulting from the unlawful employment practices described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
E. Order Defendant to pay the class punitive damages for its conduct described above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric S. Dreiband General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
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s/Elizabeth Grossman Bar Roll No. 105554 Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor, New York, New York 10004-2112 Tel.(212)336-3696 Fax.(212)336-3623 elizabeth.grossman@eeoc.gov
s/Arnold J. Lizana III Bar No. MA 646161 Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506 Tel.(617) 565-3210 Fax.(617) 565-3196 alizana.lizana@eeoc.gov
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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, THERESA CHASE,
Plaintiff-Intervenor,
Vo
WHITE HOUSE HOME FOR ADULTS, and RONALD HERTZEL, individually,
Defendants.

CIVIL ACTION NO. 04-CV-1091 (GLS/RFT)

AMENDED INTERVENOR’S COMPLAINT This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, and the New York State Executive Law, §290, et. se__q:.,, to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Theresa Chase (hereinafter "Plaintiff-Intervenor") and similar situated female employees (hereinafter "the class"), who were affected by such practices. As alleged with greater particularity below, defendants White House Home for Adults (hereinafter "White House") and Ronal Hertzel ("Hertzel") subjected Plaintiff-Intervenor and the class of female employees to repeated sexual harassment and unlawful retaliation. In addition, defendants constructively discharged Plaintiff-Intervenor and similarly situated female employees when it failed to remedy the sexually hostile and retaliatory work environment.

Amended Complaint

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. Defendant White House regularly does business within the Northern District of New York and venue is proper in this district pursuant to 28 U.S.C. § 1391.
PARTIES Plaintiff-Intervenor Theresa Chase resides in the County of Rensselaer, State of New York. 4. Defendant White House is a New York corporation doing business in the State of New York, Rensselaer County, and has continuously had at least fifteen employees. 5. At all relevant times, defendant White House has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. Upon information and belief, at all times herein relevant, defendant Hertzel resided in the County of Rensselaer, State of New York.
STATEMENT OF CLAIMS 7. Theresa Chase filed a charge with the Equal Employment Opportunity Commission (hereinafter "EEOC") on January 29, 2003, alleging violations of Title VII of the Civil Rights Act of 1964 by defendant White House. The EEOC filed a Complaint on the basis of this charge on or about September 20, 2004. Defendant White House filed an Answer to the EEOC’s Complaint on or about October 28, 2004.

Amended Complaint

2

AS AND FOR A FIRST CAUSE OF ACTION 8. Plaintiff-Intervenor was employed as a nurses’ aide for defendant White House from October 2000 to December 2001, when she was promoted to Assistant Administrator. Ms. Chase remained an Assistant Administrator until her employment ended on May 24, 2002. 9. Throughout the duration of Ms. Chase’s employment, defendant White House engaged in unlawful employment practices at its facility in Rensselaer, New York, in violation of Section 703(a)(1), of Title VII of the Civil Rights Act of 1964. These practices include, but are not limited to, the following:
a. Defendant Hertzel, the owner of defendant White House, subjected Ms. Chase to repeated and persistent crude and vulgar sexual statements about her, other employees, Mr. Hertzel’s girlfriend, residents of the home, and visitors to the home. In addition, Mr. Hertzel routinely made sexual references about food, and directed crude sexual gestures to Ms. Chase and her colleagues in the workplace.
b. Mr. Hertzel’s offensive and sexually explicit behavior was unwanted and unwelcomed by Ms. Chase and her colleagues in the workplace.
c. Although Ms. Chase complained about Mr. Hertzel’s behavior to the White House Administrator, defendant made no efforts reasonably calculated to prevent or eradicate the conduct, and Mr. Hertzel’s behavior persisted unremedied.
d. Beginning immediately after Ms. Chase’s f’mal complaint about Mr. Hertzel’s behavior, Mr. Hertzel acted in an angry and abrupt manner toward her, and did not stop his crude and offensive sexual remarks. On or about May 20, 2002, while Ms. Chase was alone in the office, defendant Hertzel took a gun out of his pants, slammed it on her desk and asked her

Amended Complaint

3

in a threatening tone whether she was scared. As a result, Ms. Chase feared for her physical safety and well-being in the presence of defendant Hertzel.
e. As a result of Mr. Hertzel’s crude and vulgar sexual behavior, Hertzel’s physically threatening conduct, and defendant White House’s refusal to appropriately address it, the employment conditions at the White House Home for Adults became so intolerable that Ms. Chase was forced to resign from her position.
10. The harassing and discriminatory employment practices complained of above have deprived Ms. Chase of equal employment opportunity, caused her to suffer emotional pain and suffering, and caused her to suffer financial losses.
11. The harassing and discriminatory employment practices complained of in paragraph 8 above were intentional.
12. The harassing and discriminatory employment practices complained of in paragraph 8 above were done with malice and/or with reckless indifference to Ms. Chase’s federally protected rights, and are imputable to the Defendant.
AS AND FOR A SECOND CAUSE OF ACTION 13. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1 through 12 as though set forth in full herein. 14. By its actions herein alleged, defendant White House has retaliated against Ms. Chase in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-3(a). 15. As a result of this retaliatory conduct, Ms. Chase has suffered emotional trauma and physical consequences, and is entitled to an award of compensatory damages from defendant White House.

Amended Complaint

4

16. Because the retaliatory conduct of defendant White House was malicious and/or done with reckless indifference to Ms. Chase’s federally-protected rights, Ms. Chase is entitled to an award of punitive damages against defendant White House.
AS AND FOR A THIRD CAUSEO F ACTION 17. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1 through 16 as though set forth in full herein. 18. By their actions herein alleged, defendants White House and Hertzel have harassed and discriminated against Ms. Chase on the basis of her sex in violation of New York State Executive Law §296. 19. As a result of the deprivation of Ms. Chase’s rights, she has suffered emotional trauma and physical consequences and is entitled to compensatory damages from defendants.
AS AND FOR A FOURTH CAUSE OF ACTION 20. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1 through 19 as though set forth in full herein. 21. By their actions herein alleged, defendants White House and Hertzel have retaliated against Ms. Chase in violation of New York State Executive Law §296. 22. As a result of the deprivation of Ms. Chase’s rights, she has suffered emotional trauma and physical consequences and is entitled to compensatory damages from defendants.
PRAYER FOR RELIEF WHEREFORE, the Plaintiff-Intervenor respectfully requests that this Court: A. Order defendants to make Theresa Chase whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described

Amended Complaint

5

above, including but not limited to, appropriate back pay with prejudgment interest and job search expenses, in amounts to be determined at trial.
B. Order defendants to make Theresa Chase whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described above, including, but not limited to, emotional pain and suffering in amounts to be determined at trial.
C. Order defendant White House to pay Theresa Chase punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
D. Award Theresa Chase her reasonable attorneys’ fees and costs. E. Grant Ms. Chase such further relief as the Court deems necessary and proper.
JURY TRIAL DEMAND Plaintiff-Intervenor Theresa Chase requests a jury trial on all questions of fact raised by her Complaint.

Dated: February ~__~, 2005

Respectfully submitted,
Theresa Chase PLAINTIFF-INTERVENOR By her attorney,

"L’isa-~.Joslin, Esq. i Deily, Mooney and Glastetter, LLP
8 Thurlow Terrace Albany, New York 12203 Tel: (518) 436-0344

Amended Complaint

6

VERIFICATION
STATE OF NEW YORK )
SS:
COUNTY OF ALBANY )
THERESA CHASE, being duly sworn, deposes and says that she is the Plaintiff named in the within action; that she has read the foregoing Verified Complaint and knows the contents thereof; and that the same is true to her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters she believes it to be true.

THERESA CHASE

Sworn to before me this day of February, 2005.

~ot~ y~~u~York

23206-001 -verif-client

LI$~, E JOSLIN Notary Public, State ot New York.
Oualilied in Albany County No. 02J06002753
Commission Expires Fel~. 17, 20

440988

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

COMMISSION, and

Plaintiff

THERESA CHASE,

Intervenor-Plaintiff

-v-

WHITE HOUSE HOME FOR ADULTS and RONALD HERTZEL

Defendants.

1:04-CV-I091 (GLS/RFT)

RANDOLPH F. TREECE U.S. MAGISTRATE JUDGE

ORDER This case is a sexual harassment case. The Defendants seek court intervention to n:solve a discovery issue. Dkt. No. 18, Defs.' It. dated March 11,2005. Defendants have sought from the Plaintiff Theresa Chase a series of financial information, records, and tax returns, which she objects to disclosing. Dkt. No. 20, Defs.' It. dated March 14,2005. At the behest of the Court, Chase provided reasons why such records should not be disclosed and further provided the Court with case precedents on the topic. Dkt. No. 19, PI.'s It. dated March 14, 2005. Upon receiving the Chase's letter-memorandwn, the Court gave the Defendants an opportunity to respond and provide court precedents in support of their position. On March 17,2005, Defendants served and filed a lettermemorandum on this contested discovery issue. Thereafter, on March 17, 2005, a telephonic hearing on the record was held in which the Court rendered a ruling. Said ruling is incorporated by

reference into this Order. This Order shall succinctly set forth the ruling of this Court. The Defendants seek Chase's tax returns and financial information to determine whether the
Intervenor Plaintiff is suffering from dire financial conditions; said questionable financial condition would support Defendants' contention that her need for money was the motivating factor for initiating this lawsuit. Chase challenges such a demand for disclosure arguing that the information is not relevant nor germane to the subject of this case. The Court found that the Defendants did not meet their burden in gaining this personal financial information. Furthermore, the Court found Defendants' cited precedents not on point. See Defs.' It-mem., dated March 17, 2005.
The courts in grappling with whether tax returns and personal financial information should be disclosed has to balance the policy ofliberal discovery set forth in the Federal Rules of Civil Procedure against the policy of maintaining the confidentiality of these documents, as indicated in the Internal Revenue Code. United States v. Bonanno Organized Crime Family. 119 F.R.D. 625, 627 (E.D.N.Y. 1988); S.E.c. v. Cymaticolor Corp., 106 F.R.D. 545 (S.D.N.Y 1985). Routine disclosure of tax returns is not the rule but the exception. Cymaticolor Corp., 106 F.R.D. at 547 (the courts are reluctant to direct such disclosure). Courts within the Second Circuit have found this personal financial information to be presumptively confidential or cloaked with a qualified immunity. Dew v. 39th Street Realty, 2001 WL 388053, at *2 (S.D.N.Y. Apr. 16,2001) ("There is a qualified immunity with respect to the disclosure oftax returns."); McMenamin v. KingsOf!, 1999 WL 47199, at *3 (S.D.N.Y. Feb. 2, 1999) (presumptively confidential). For all intents and purposes, the request for personal financial information is functionally indistinguishable from a request for tax returns thus, this Court applies the same standard to determine whether the documents in question here should be disclosed.
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The Courts within the Second Circuit have fashioned a reasonable standard to be employed before directing the release of tax infonnation. This standard has a two prong test: (1) the court must find that the requested tax infonnation is relevant to the subject matter of the action; and (2) that there is a compelling need for this information, because the information contained therein is not otherwise readily obtainable. Hazeldine v. Beverage Media, LTD .. 1997 WL 362229, at * 4 (S.D.N.Y. June 25, 1997) (finding the request for this infonnation overly broad); Gummowitz v. First Federal Sav. & Loan Ass'n of Roanoke, 160 F.R.D. 462, 463 (S.D.N.Y. 1995) (citing Cymaticolor Corp., 106 F.R.D. at 547); Russell v. Del Vecchio, 764 F.Supp 275 (E.D.N.Y 1991); United States v. Bonanno, 119 F.R.D. at 627.
The Court found that the Defendants did not meet either prong for the Plaintiffs tax returns or her personal financial infonnation. Tu'shan Hamm v. Potamkin, 1999 U.S. Dist. Lexis 5948, at *3 (S.D.N.Y. Apr. 28, 1999). However, the Plaintiff also had a burden in this discussion and that was providing alternative sources for this information if the demand was found to be relevant. See Patrick Carter Ass.. Inc. v. Rent Stablization Assn'n of N.Y. C. Inc., 1992 WL 167387, at *2 (S.D.N.Y. Jun. 26, 1992) ("While the party seeking discovery of tax returns bears the burden of establishing relevance, the party resisting disclosure should bear the burden of establishing alternative sources for the information.") (citations omitted). Plaintiff advised the Court that they had already shared with the Defendants Plaintiffs W-2 fonns for the relevant period and pay stubs. Furthermore, the Plaintiff will be subject to a deposition where the Defendants will be able to inquire into the Plaintiffs financial conditions. Both of these disclosure provide a reasonable alternative sources for the information. The Defendants are not without other options to gain this information nor are they limited or restrained by these alternative sources. They may conduct their
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own investigation and, for example, secure a Lexis-Nexis financial report on the Plaintiff, which should reveal an accurate portrayal ofthe Plaintiffs financial condition.
In conclusion, the Defendants failed to meet their burden and what financial disclosure has occurred thus far is adequate. The Defendants' motion is therefore denied.
IT IS SO ORDERED Dated: March 18,2005
Albany, New York
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 UNITED STATES DISTRlCT COURT NORTHERN DISTRlCT OF NEW YORK
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
THERESA CHASE
Plaintiff-Intervenor
-v -
WHITE HOUSE HOME FOR ADULTS
Defendant.
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Civil Action No. 04-CV-l09 I-GLSIRT

CONSENT DECREE This cause of action was initiated on or about September 20, 2004 by Plaintiff Equal Employment Opportunity Commission (EEOC), an agency of the United States Government. EEOC filed this action against Defendant, White House Home For Adults (Defendant), under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 199] to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Theresa Chase (Plaintiff-Intervenor) and a class of similarly situated female employees who were adversely affected by such unlawful practices. On December 28, 2005
I
Plaintiff-Intervenor, Theresa Chase, filed a complaint against Defendant, under Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Plaintiff-Intervenor and a class of similarly situated female employees who were adversely affected by such unlawful practices. EEOC and Plaintiff-Intervenor's complaints

alleged that Defendant unlawfully created and failed to remedy a hostile work environment by subjecting Plaintiff-Intervenor and a class of other similarly situated female employees to sexual harassment and unlawfully retaliated against them for opposing discriminatory employment practices. The complaints also allege that Theresa Chase and similarly situated female employees were constructively discharged when Defendant failed to remedy the sexually hostile work environment. Defendant does not admit to liability or any wrongful conduct.
The parties agree that it is in their mutual interest to fully resolve this matter without further litigation.
The parties stipulate and consent to the entry ofthis Consent Decree as final and binding between the parties and their successors or assigns.
The parties have agreed that this Decree may be entered without Findings of Fact and Conclusions of Law having been made and entered by the Court.
In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWED:
General Provisions 1. This Decree resolves all of the issues raised by EEOC Charge No. 165-200300273 and the complaint filed by EEOC in this action, as well as the amended complaint filed by Plaintiff-Intervenor, Theresa Chase. This Decree in no way effects EEOC's right to process any other pending or future charges that may be filed against Defendant and to commence civil actions on any such charges as EEOC sees fit. 2. The Court has jurisdiction of the subject matter of this action and over the parties, venue is proper, and all administrative prerequisites have been met.
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3. No party shall contest the validity of this Decree. 4. No party shall contest the jurisdiction of the United States District Court to enforce this Decree and its terms, or the right of EEOC to bring an enforcement suit upon the breach of any of the terms of this Decree by Defendant. 5. Breach of any term of this Decree may be deemed a substantive breach. EEOC shall determine whether Defendant has complied with the terms ofthis decree and is authorized to seek compliance with the Decree in the United States District Court. 6. Defendant and its managers, officers, agents, parent organization, successors and assigns are enjoined from discriminating against any individual because of the individual's sex, and are enjoined from harassing any individual because of the individual's sex. 7. Defendant and its managers, officers, agents, parent organization, successors and assigns are enjoined from retaliating against any individual for asserting her or his rights under Title VII, are enjoined from retaliating against any individual who files or has filed a charge, gives or has given testimony or given assistance with the investigation or litigation of these charges or action, or asserts or has asserted her or his rights under Title VII. Defendant and its managers, officers, agents, parent organization, successors and assigns are enjoined from retaliating against any individual who engages in or has engaged in protected activity under Title VII, and are enjoined from retaliating against Plaintiff-Intervenor and any other persons who participated as a Claimant or a witness, or who otherwise assisted in this matter.
Written Policies and Procedures 8. Within 15 days of the entry of this Decree, Defendant will implement and maintain the v.Titten policies and procedures prohibiting employment discrimination, including sex discrimination, sexual harassment and retaliation, attached as Appendix A.
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9. Within 15 days of the entry of this Decree, Defendant will implement and maintain the complaint procedure for employees who believe that they have been discriminated against, harassed, or retaliated against, as outlined in Appendix A.
10. Within 15 days of the entry of this Decree, Defendant will implement and maintain procedures for the investigation and handling of reported allegations of or suspected incidents of discrimination, harassment or retaliation, together with a disciplinary policy for employees who engage in discriminatory, harassing or retaliatory behavior, as outlined in Appendix A.
11. Defendant will distribute a copy of the written policies and procedures described in paragraphs 8 through 10 above to all of its employees within 15 days of the entry of this Decree, and shall distribute a copy of the written policies and procedures to all employees hired thereafter within 5 days of the commencement of their employment.
Notice and Posting 12. Within 15 days of the entry of this Decree, Defendant will display and maintain the EEOC poster in a place visually accessible to applicants and employees of Defendant. 13. Within 15 days of the entry of this Decree, Defendant will display and maintain, in a place visually accessible to applicants and employees of Defendant, a copy of the nondiscrimination policy described in paragraph 8, the complaint procedure described in paragraph 9, and the disciplinary policy for employees who engage in discriminatory, harassing or retaliatory behavior described in paragraph 10. 14. Within 15 days of the entry of this Decree, Defendant will display and maintain in a place visually accessible to applicants and employees of Defendant, a remedial Notice pursuant to this Decree, a copy of which is attached as Appendix B, printed on EEOC letterhead.
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15. Within 15 days of execution of this decree, Defendant will send a memorandum to all employees, a copy of which is attached as Appendix C, stating Defendant's commitment to abide by all federal laws prohibiting employment discrimination.
Anti-Discrimination Training
16. Within 90 days of the entry of this Decree, and every year thereafter for the duration of this Decree, Defendant will provide all of its employees with no fewer than 2 hours of training in federal laws prohibiting discrimination in employment.
a. The anti-discrimination training will be conducted by Meredith H. Savitt Esq., Law Office of Meredith H. Savitt 126 State Street, Albany, New York 12207.
b. The content of the anti-discrimination training is set forth in Appendix D. c. Defendant will maintain attendance records identifying the name and job title of the attendees at each session. Within 5 days of the training, Defendant will forward to EEOC a copy of the attendance records from the training session. 17. Within 90 days of the entry of this Decree, Defendant wil1 provide all of its new employees with training materials in federal laws prohibiting discrimination in employment. a. The content of the anti-discrimination training s will be distributed and reviewed by new employees within 5 days of the commencement of employment by a new employee, b. The content of the anti-discrimination training are set forth in Appendix E. c, Defendant will maintain records identifying the name and job title ofthe employees receiving such training, the date of commencement of employment, and date of training. Every year, for the duration of this Decree, Defendant will forward to EEOC a copy of the records regarding such training,
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18. Within 90 days of the entry of this Decree, and every year thereafter for the duration of this Decree, Defendant will provide no fewer than one additional hour of training in federal Jaws prohibiting discrimination for all management and supervisory employees of Defendant.
a. The content ofthe anti-discrimination training is set forth in Appendix F. b. Defendant will maintain attendance records identifying the name and job title of the attendees at each session. Within 5 days of the training, Defendant will forward to EEOC a copy of the attendance records from the training session. 19. Within 90 days of the entry of this Decree, Defendant will provide all of its new managers and supervisory personnel with written anti-discrimination training materials, within 5 days of the date such personnel are placed in a managerial or supervisory position. a. The content of the anti-discrimination training materials is set forth in Appendix G. b. Defendant will maintain records identifying the name and job title of the employees receiving such training, the date of commencement of each such employee's managerial or supervisory position, and date of training. Every year, for the duration of this Decree, Defendant will forward to EEOC a copy of the records regarding such training. 20. Within 15 days of the entry of this decree, Defendant will require Ronald Hertzel to undergo a minimum of 3 hours of training and counseling regarding federal laws prohibiting discrimination. a. The anti-discrimination training will be conducted by Meredith H. Savitt Esq., Law Office of Meredith H. Savitt 126 State Street, Albany, New York 12207. b. The content of the anti-discrimination training is set forth in Appendix H.
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c. Within 5 days of the training/counseling, Defendant shall furnish EEOC with proof that the training/counseling was completed.
Monetary Damages
21. Defendant shall pay a total of $45,000 to claimant Theresa Chase in compensatory damages and attorneys fees as follows:
a. Within 30 days of entry of this decree, Defendant shall pay Theresa Chase the sum of $30,000;
b. Within 60 days of entry of the decree, Defendant shall pay Theresa Chase an additional sum of $3,000;
c. Within 90 days of entry of the decree, Defendant shall pay Theresa Chase an additional sum of $3,000;
d. Within 120 days of entry of the decree, Defendant shall pay Theresa Chase an additional sum of $3,000;
e. Within 150 days of entry of the decree, Defendant shall pay Theresa Chase an additional sum of$3,000;
f. Within 180 days of entry of the decree, Defendant shall pay Theresa Chase an additional sum of $3,000.
22. Defendant will issue 1099 tax forms to Claimant. Claimant will be responsible for her own tax reporting. Defendant will send all checks to Theresa Chase c/o Joann Sternheimer Esq. Deily, Mooney & Glastetter, LLP 8 Thurlow Terrace Albany, NY 12203 and will simultaneously send a copy of each check to EEOC, Boston Area Office, 475 JFK Federal Building, 4th floor, Boston, MA 02203 (attention: Arnold Lizana, Legal Unit).
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Additional Monitoring Provisions
23. For the duration of this Decree, Defendant shall maintain records of all written or oral complaints or allegations of discrimination, sexual harassment or retaliation made by any of its employees. Within 180 days of the entry of this Decree, and every 12 months thereafter, Defendant shall provide EEOC with a written report containing a summary of each complaint, if any, and for each such complaint: the name of the complaining party or party who was allegedly subjected to discrimination, harassment or retaliation, the name of the person(s) who allegedly engaged in such discriminatory, harassing or retaliatory conduct, the results of any investigation of the complaint, and any remedial action taken by Defendant. A final report shall be sent to EEOC 15 days before the date of the expiration of this Decree.
24. In addition to the monitoring provisions set forth elsewhere in this Decree, EEOC may monitor compliance during the duration of this Decree by inspection of Defendant's premises, records, and interviews with employees at reasonable times. Upon 5 days notice by the EEOC, Defendant will make available for inspection and copying any records requested by EEOC, facilities sought to be inspected by EEOC, and employees sought to be interviewed by EEOC.
25. All materials required by this Decree to be sent to EEOC shall be addressed to: Equal Employment Opportunity Commission Boston Area Office Legal Unit Attention: Arnold 1. Lizana III, Trial Attorney John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506
Duration of Decree 26. This Decree will remain in effect for three years from the date of entry.
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Dated:

E~~

Regional Att rney

For Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506

Dated:

Albany! New York

~ 1--1.-

, 2007

lOann Ste eimer Esq.
DElLY, MOONEY & GLASTETTER, LLP

Dated:

ork, New York

\Q

,2007

For Plaintiff-Intervenor THERESA CHASE 8 Thurlow Terrace Albany, New York 12203
~J-;tA edith Savitt, Esq. For Defendant 126 State Street Albany, NY 12207

Attorney for Defendant

SO ORDERED, ADJUDGED AND DECREED tbis 27thday of September

2007.

1 ~~~----~------~~~~~ William K. Sessions III
United States District Judge C_ 1 sitting by designation in the Northern District of New York.
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CLOSED
U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 3.1.2] (Albany)
CIVIL DOCKET FOR CASE #: 1:04-cv-01091-WKS-RFT

Equal Employment Opportunity Commission v. White House Home for Adults Assigned to: Chief Judge William K. Sessions, III Referred to: Magistrate Judge Randolph F. Treece Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/20/2004 Date Terminated: 09/27/2007 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Grossman Equal Employment Opportunity Commission - NY 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3696 Fax: 212-336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Chase, Theresa

represented by Lisa F. Joslin Gleason, Dunn Law Firm 40 Beaver Street Albany, NY 12207 518-432-7551 Fax: 518-432-5221 Email: ljoslin@gdwo.net ATTORNEY TO BE NOTICED

V. Defendant White House Home for Adults

represented by Meredith H. Savitt Office of Meredith H. Savitt 126 State Street, 6th Floor Albany, NY 12207 518-426-3190

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Defendant Ronald Hertzel

Fax: 518-426-3191 Email: savittlaw@verizon.net ATTORNEY TO BE NOTICED
represented by Meredith H. Savitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/20/2004 09/20/2004 09/20/2004 09/20/2004 10/18/2004
10/20/2004
10/28/2004 11/24/2004
12/06/2004

# Docket Text
1 COMPLAINT with Jury Trial Demand against White House Home for Adults , filed by Equal Employment Opportunity Commission.(ban) (Entered: 09/21/2004)
Summons Issued as to White House Home for Adults. (ban) (Entered: 09/21/2004)
Remark: Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons were also included with this filing. They were stamped with the file number and returned to plaintiff's attorney with summons, GO 25, and complaint. (ban) (Entered: 09/21/2004)
2 G.O. 25 FILING ORDER ISSUED Initial Conference set for 1/19/2005 10:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 1/10/2005. (ban) (Entered: 09/21/2004)
3 MOTION to Intervene As Of Right As Party Plaintiff Pursuant to Fed. R. Civ. 24(a) with attached Certificate of Service by Chase, Theresa. (Attachments: # 1 Memorandum of Law in Support of Motion for Leave to Intervene as of Right as Party Plaintiff Pursuant to Fed. R. Civ. P. 24(a))(Joslin, Lisa) (Entered: 10/18/2004)
TEXT ORDER ONLY Setting Hearing on Motion regarding 3 MOTION to Intervene As Of Right As Party Plaintiff Pursuant to Fed. R. Civ. 24(a) with attached Certificate of Service: Response to Motion due by 11/22/2004. Once response papers have been received by this Court, the motion will be placed upon the court's calendar. Issued by Judge Gary L. Sharpe on 10/20/2004. (jel, ) (Entered: 10/20/2004)
4 ANSWER to Complaint by White House Home for Adults.(Savitt, Meredith) (Entered: 10/28/2004)
TEXT ONLY NOTICE of Hearing on Motion 3 MOTION to Intervene As Of Right As Party Plaintiff Pursuant to Fed. R. Civ. 24(a) with attached Certificate of Service: Motion Hearing has been set for 12/9/2004 at 09:00 AM in Albany before Judge Gary L. Sharpe. Motion will be on SUBMIT only. No personal appearances are needed.(jel, ) (Entered: 11/24/2004)
5 ORDER that Chase's 3 Motion to Intervene is GRANTED; that Chase file her complaint electronically no later than 20 (twenty) days from the date of this Order; that Defendant White House Home file and serve its answer electronically no later

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12/07/2004 12/10/2004 12/22/2004 12/23/2004 01/10/2005 01/19/2005 02/01/2005
02/15/2005
02/16/2005 02/16/2005
02/22/2005

than 20 (twenty) days from the date of service of Chase's complaint. Signed by Judge Gary L. Sharpe on 12/6/2004. (jel, ) (Entered: 12/07/2004)
6 letter for White House Home for Adults relating to 12/6/04 Order Letter for White House Home for Adults requesting response to 12/6/04 order. (Savitt, Meredith) (Entered: 12/07/2004)
7 Letter dated 12/10/2004 from Judge Gary L. Sharpe to Meredith H. Savitt, Esq. (jel, ) (Entered: 12/10/2004)
8 Intervenor COMPLAINT, filed by Chase, Theresa. (Attachments: # 1 Certificate of Service)(Joslin, Lisa) (Entered: 12/22/2004)
9 Defendant White House ANSWER to Complaint of Theresa Chase Intervenor by White House Home for Adults. (Attachments: # 1 certificate of service)(Savitt, Meredith) (Entered: 12/23/2004)
10 CIVIL CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission. (Grossman, Elizabeth) (Entered: 01/10/2005)
11 Minute Entry for Rule 16 proceedings held before Judge Randolph F. Treece : Initial Pretrial Conference held on 1/19/2005. Appearances by Arnold Lizana, Esq., Lisa Joslin, Esq., and Meredith Savitt, Esq. Trial Deadlines set. (ban) (Entered: 01/25/2005)
12 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 days (jury trial, no date or location specified). Joinder of Parties due by 2/15/2005. Amended Pleadings due by 2/15/2005. Discovery due by 12/31/2005. Motions to be filed by 3/1/2006. Status Report due by 8/15/2005. The parties have opted out of the ADR program. Signed by Judge Randolph F. Treece on 2/1/05. (wjg, ) (Entered: 02/01/2005)
13 MOTION to Amend/Correct 8 Intervenor Complaint Motion Hearing set for 4/7/2005 09:30 AM in Albany before Magistrate Judge Randolph F. Treece. Response to Motion due by 3/21/2005 Reply to Response to Motion due by 3/28/2005. by Chase, Theresa. (Attachments: # 1 Affidavit in Support of Motion for Leave to Amend# 2 Memorandum of Law in Support of Plaintiff-Intervenor's Motion for Leave to Amend the Intervenor Complaint# 3 Certificate of Service)(Joslin, Lisa) (Entered: 02/15/2005)
14 RESPONSE to Motion re 13 MOTION to Amend/Correct 8 Intervenor Complaint taking no position filed by White House Home for Adults. (Savitt, Meredith) (Entered: 02/16/2005)
15 TEXT ORDER: Plaintiff Intervenor served and filed a Motion to Amend her complaint. See re 13 MOTION to Amend/Correct 8 Intervenor Complaint filed by Chase, Theresa. The Defendant takes no position on the Motion. See 14 Response to Motion filed by White House Home for Adults. With no opposition being made, the Plaintiff shall serve and file her Amended Complaint within seven (7) days of this Order. Signed by Judge Randolph F. Treece on 2/16/05. (Treece, Randolph) (Entered: 02/16/2005)
16 Amended Intervenor COMPLAINT Against White House Home for Adults and Ronald Hertzel, individually filed by Chase, Theresa. (Attachments: # 1

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03/04/2005
03/11/2005 03/14/2005
03/14/2005 03/18/2005 03/18/2005 08/12/2005 02/27/2006

Certificate of Service)(Joslin, Lisa) (Entered: 02/22/2005)
17 Defendants ANSWER to Complaint amended by intervenor by White House Home for Adults, Ronald Hertzel. (Attachments: # 1)(Savitt, Meredith) (Entered: 03/04/2005)
18 Letter from defendants white house and ronald hertzel for White House Home for Adults requesting discovery conference. (Savitt, Meredith) (Entered: 03/11/2005)
19 Letter from defendants for White House Home for Adults requesting supplementation of information requested for discovery conference. (Savitt, Meredith) (Entered: 03/14/2005)
20 LETTER BRIEF Requested by Judge Treece by Chase, Theresa. (Joslin, Lisa) (Entered: 03/14/2005)
21 Letter from Meredith Savitt, Esq. RE: Discovery issues, as requested by the Court. (dated 3/17/05) (tab) (Entered: 03/20/2005)
22 ORDER denying defendant's discovery motion . Signed by Judge Randolph F. Treece on 3/18/05. (tab) (Entered: 03/20/2005)
23 STATUS REPORT by Chase, Theresa. (Joslin, Lisa) (Entered: 08/12/2005)
24 First MOTION for Summary Judgment Motion Hearing set for 4/6/2006 09:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 3/20/2006 Reply to Response to Motion due by 3/27/2006. by White House Home for Adults, Ronald Hertzel. (Attachments: # 1 Memorandum of Law in Support of Summary Judgment Motion# 2 Exhibit(s) 1 of 3 to MOL# 3 Exhibit(s) 2 of 3 to MOL# 4 Exhibit(s) 3 of 3 to MOL# 5 Statement of Material Facts # 6 Declaration Certificate of Service via ECF# 7 Declaration of Meredith H. Savitt# 8 Exhibit(s) 1 of 33 files w/ Exhibits to Savitt Declaration# 9 Exhibit(s) 2 of 33 files w/ Exhibits to Savitt Declaration# 10 Exhibit(s) 3 of 33 files w/ Exhibits to Savitt Declaration# 11 Exhibit(s) 4 of 33 files w/ Exhibits to Savitt Declaration# 12 Exhibit(s) 5 of 33 files w/ Exhibits to Savitt Declaration# 13 Exhibit(s) 6 of 33 files w/ Exhibits to Savitt Declaration# 14 Exhibit(s) 7 of 33 files w/ Exhibits to Savitt Declaration# 15 Exhibit(s) 8 of 33 files w/ Exhibits to Savitt Declaration# 16 Exhibit(s) 9 of 33 files w/ Exhibits to Savitt Declaration# 17 Exhibit(s) 10 of 33 files w/ Exhibits to Savitt Declaration# 18 Exhibit(s) 11 of 33 files w/ Exhibits to Savitt Declaration# 19 Exhibit(s) 12 of 33 files w/ Exhibits to Savitt Declaration# 20 Exhibit(s) 13 of 33 files w/ Exhibits to Savitt Declaration# 21 Exhibit(s) 14 of 33 files w/ Exhibits to Savitt Declaration# 22 Exhibit(s) 15 of 33 files w/ Exhibits to Savitt Declaration# 23 Exhibit(s) 16 of 33 files of Exhibits to Savitt Declaration# 24 Exhibit(s) 17 of 33 files of Exhibits to Savitt Declaration# 25 Exhibit(s) 18 of 33 files of Exhibits to Savitt Declaration# 26 Exhibit(s) 19 of 33 files of Exhibits to Savitt Declaration# 27 Exhibit(s) 20 of 33 files of Exhibits to Savitt Declaration# 28 Exhibit(s) 21 of 33 files of Exhibits to Savitt Declaration# 29 Exhibit(s) 22 of 33 files of Exhibits to Savitt Declaration# 30 Exhibit(s) 23 of 33 files of Exhibits to Savitt Declaration# 31 Exhibit(s) 24 of 33 files of Exhibits to Savitt Declaration# 32 Exhibit(s) 25 of 33 files of Exhibits to Savitt Declaration# 33 Exhibit(s) 26 of 33 files of Exhibits to Savitt Declaration# 34 Exhibit(s) 27 of 33 files of Exhibits to Savitt Declaration# 35 Exhibit(s) 28 of 33 files of Exhibits to Savitt Declaration# 36 Exhibit(s) 29 of 33 files of Exhibits

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03/01/2006 03/03/2006
03/07/2006 03/08/2006
03/08/2006 04/20/2006 04/20/2006 04/20/2006 04/20/2006

to Savitt Declaration# 37 Exhibit(s) 30 of 33 files of Exhibits to Savitt Declaration# 38 Exhibit(s) 31 of 33 files of Exhibits to Savitt Declaration# 39 Exhibit(s) 32 of 33 files of Exhibits to Savitt Declaration# 40 Exhibit(s) 33 of 33 files of Exhibits to Savitt Declaration)(Savitt, Meredith) (Entered: 02/27/2006)
25 Letter Motion from defendants requesting conference for leave to file motion for sanctions for White House Home for Adults requesting leave to file motion for sanctions submitted to Judge treece. (Savitt, Meredith) (Entered: 03/01/2006)
26 MOTION for Sanctions By defendants White House and Hertzel Motion Hearing set for 4/6/2006 09:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 3/20/2006 Reply to Response to Motion due by 3/27/2006. by White House Home for Adults. (Attachments: # 1 Memorandum of Law in support of sactions# 2 Declaration in support of sanctions motion# 3 Errata service certificate)(Savitt, Meredith) (Entered: 03/03/2006)
27 Plaintiffs' Letter Motion from EEOC for Equal Employment Opportunity Commission requesting Extension of Time To Respond To Defendant's Motions for Summary Judgment and Sanctions submitted to Judge Gary L. Sharpe. (Grossman, Elizabeth) (Entered: 03/07/2006)
28 Letter Request dated March 7, 2006 by Elizabeth Grossman, Esq., and order regarding the 24 First MOTION for Summary Judgment and the 26 MOTION for Sanctions By defendants White House and Hertzel: Response to Motion for Summary Judgment due by 4/21/2006; Response to Motion for Sanctions due by 4/28/2006; Reply to Response to Motion for Summary Judgment due by 5/5/2006. Reply to Response to Motion for Sanctions due by 5/13/06. Motion Hearing set for 6/1/2006 at 09:00 AM in Albany before Judge Gary L. Sharpe. Signed by Judge Gary L. Sharpe on 3/8/2006. (jel, ) (Entered: 03/08/2006)
Set/Reset Deadlines as to 26 MOTION for Sanctions By defendants White House and Hertzel pursuant to the 28 letter request and order. Response to Motion due by 4/28/2006 Reply to Response to Motion due by 5/13/2006. Motion hearing set for June 1, 2006 at 9:00 a.m. before Judge Gary L. Sharpe. (jel, ) (Entered: 03/08/2006)
29 RESPONSE in Opposition re 24 First MOTION for Summary Judgment filed by Chase, Theresa, Equal Employment Opportunity Commission. (Lizana, Arnold) (Entered: 04/20/2006)
30 RESPONSE in Opposition re 24 First MOTION for Summary Judgment PLAINTIFFS JOINT STATEMENT OF MATERIAL DISPUTED FACTS filed by Chase, Theresa, Equal Employment Opportunity Commission. (Lizana, Arnold) (Entered: 04/20/2006)
31 AFFIDAVIT re 30 Response in Opposition to Motion Declaration of Arnold Lizana by Chase, Theresa, Equal Employment Opportunity Commission. (Lizana, Arnold) (Entered: 04/20/2006)
32 CERTIFICATE OF SERVICE by Chase, Theresa, Equal Employment Opportunity Commission re 29 Response in Opposition to Motion (Lizana, Arnold) (Entered: 04/20/2006)

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04/20/2006 04/20/2006 04/21/2006 04/21/2006
04/21/2006 04/21/2006
04/21/2006 04/26/2006 04/27/2006

33 AMENDED DOCUMENT by Chase, Theresa, Equal Employment Opportunity Commission. Amendment to 30 Response in Opposition to Motion Exhibit No. 1. (Lizana, Arnold) (Entered: 04/20/2006)
34 MEMORANDUM OF LAW re 24 Motion for Summary Judgment,,,,,,,,,, filed by Chase, Theresa, Equal Employment Opportunity Commission. (Lizana, Arnold) (Entered: 04/20/2006)
35 Exhibit List 1 - 5 IN SUPPORT OF PLAINTIFFS' JOINT STATEMENT OF FACTS AND MEMORANDUM OF LAW (ENTRIES 30, 33 AND 34 ) by Chase, Theresa, Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit(s) 2 of 30# 2 Exhibit(s) 3 of 30# 3 Exhibit(s) 4 of 30# 4 Exhibit(s) 4-2# 5 Exhibit(s) # 6 Exhibit(s) 4-4# 7 Exhibit(s) 5 of 30)(Lizana, Arnold) (Entered: 04/21/2006)
36 Exhibit List 6 - 10 IN SUPPORT OF PLAINTIFFS' JOINT STATEMENT OF FACTS AND MEMORANDUM OF LAW (ENTRIES 30, 33 AND 34 ) by Chase, Theresa, Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit(s) 6 of 30# 2 Exhibit(s) 6-2# 3 Exhibit(s) 7 of 30# 4 Exhibit(s) 7-2# 5 Exhibit(s) 7-3# 6 Exhibit(s) 7-4# 7 Exhibit(s) 7-5# 8 Exhibit(s) 8 of 30# 9 Exhibit(s) 8-2# 10 Exhibit(s) 9 of 30# 11 Errata 10 of 30# 12 Exhibit(s) 10-2)(Lizana, Arnold) (Entered: 04/21/2006)
37 Exhibit List 11 - 15 IN SUPPORT OF PLAINTIFFS' JOINT STATEMENT OF FACTS AND MEMORANDUM OF LAW (ENTRIES 30, 33 AND 34 ) by Chase, Theresa, Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit(s) 11-2# 2 Exhibit(s) 12 of 30# 3 Exhibit(s) 13 of 30# 4 Exhibit(s) 13-2# 5 Exhibit(s) 13-3# 6 Exhibit(s) 14 of 30# 7 Exhibit(s) 15 of 30# 8 Exhibit(s) 15 of 30)(Lizana, Arnold) (Entered: 04/21/2006)
38 Exhibit List 16 - 25 IN SUPPORT OF PLAINTIFFS' JOINT STATEMENT OF FACTS AND MEMORANDUM OF LAW (ENTRIES 30, 33 AND 34 ) by Chase, Theresa, Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit(s) 16-2# 2 Exhibit(s) 17 of 30# 3 Exhibit(s) 18 of 30# 4 Exhibit(s) 19 of 30# 5 Exhibit(s) 20 of 30# 6 Exhibit(s) 21 of 30# 7 Exhibit(s) 22 of 30# 8 Exhibit(s) 23 of 30# 9 Exhibit(s) 24 of 30# 10 Exhibit(s) 25 of 30)(Lizana, Arnold) (Entered: 04/21/2006)
39 Exhibit List 26 - 30 IN SUPPORT OF PLAINTIFFS' JOINT STATEMENT OF FACTS AND MEMORANDUM OF LAW (ENTRIES 30, 33 AND 34 ) by Chase, Theresa, Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit(s) 27 of 30# 2 Exhibit(s) 28 of 30# 3 Exhibit(s) 29 of 30# 4 Exhibit(s) 30 of 30)(Lizana, Arnold) (Entered: 04/21/2006)
40 Letter Motion from defendants requesting extension of time for White House Home for Adults requesting extension of time to respond to motions submitted to Judge sharpe. (Savitt, Meredith) (Entered: 04/26/2006)
41 LETTER REQUEST dated April 26, 2006 by Meredith H. Savitt, Esq., and ORDER Setting Hearing on Motion 24 First MOTION for Summary Judgment, 26 MOTION for Sanctions By defendants White House and Hertzel: Response to Motion due by 5/12/2006 Reply to Response to Motion due by 5/26/2006. Motion Hearing set for 6/15/2006 at 09:00 AM in Albany before Judge Gary L.

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05/11/2006 05/24/2006 05/26/2006 05/30/2006
05/30/2006 06/02/2006 06/14/2006
06/26/2006 06/29/2006

Sharpe. Signed by Judge Gary L. Sharpe on 4/27/2006. (jel, ) (Entered: 04/27/2006)
42 RESPONSE in Opposition re 26 MOTION for Sanctions By defendants White House and Hertzel filed by Chase, Theresa, Equal Employment Opportunity Commission. (Attachments: # 1 Declaration OF ARNOLD J. LIZANA IN OPPOSITION TO DEFENDANTS' MOTION FOR SANCTIONS# 2 Exhibit(s) A# 3 Exhibit(s) B# 4 Exhibit(s) C)(Lizana, Arnold) (Entered: 05/11/2006)
43 REPLY to Response to Motion re 24 First MOTION for Summary Judgment filed by White House Home for Adults. (Attachments: # 1 Declaration of Meredith Savitt in Reply with Exhibits# 2 Exhibit(s) Exhibit A# 3 Exhibit(s) Exhibit B# 4 Declaration of electronic service certificate)(Savitt, Meredith) (Entered: 05/24/2006)
44 REPLY to Response to Motion re 26 MOTION for Sanctions By defendants White House and Hertzel filed by White House Home for Adults. (Attachments: # 1 Appendix attachment for memo of law# 2 Declaration of service certificate)(Savitt, Meredith) (Entered: 05/26/2006)
45 TEXT ONLY NOTICE of Hearing on Motion 24 First MOTION for Summary Judgment, and the 26 MOTION for Sanctions By defendants White House and Hertzel: Due to a conflict in the court's calendar, Motion Hearing has been reset for 7/20/2006 at 09:00 AM in Albany before Judge Gary L. Sharpe. Oral argument will be required unless otherwise notified by the court.(jel, ) (Entered: 05/30/2006)
46 Amended Exhibits A & B by White House Home for Adults, Ronald Hertzel.. (Attachments: # 1 Exhibit(s) B (case))(Savitt, Meredith) (Entered: 05/30/2006)
47 Plaintiff's Letter Motion for Equal Employment Opportunity Commission requesting Alternative Hearing Date submitted to Judge Sharpe. (Lizana, Arnold) (Entered: 06/02/2006)
48 LETTER REQUEST dated June 2, 2006 by Arnold Lizana, Esq., and ORDER Setting Hearing on Motion 24 First MOTION for Summary Judgment and the 26 MOTION for Sanctions By defendants White House and Hertzel: Based upon this request and a conflict in the court's calendar, the Motion Hearing has been reset for 9/6/2006 at 09:00 AM in Albany before Judge Gary L. Sharpe. Oral argument will be required unless otherwise notified by the court. Signed by Judge Gary L. Sharpe on 6/14/2006. (jel, ) (Entered: 06/14/2006)
49 Letter Motion from defendants seeking postponement of oral argument date for White House Home for Adults requesting postponement of oral argument date submitted to Judge sharpe. (Savitt, Meredith) (Entered: 06/26/2006)
TEXT ONLY NOTICE of Hearing on Motion 24 First MOTION for Summary Judgment and the 26 MOTION for Sanctions By defendants White House and Hertzel: Motion Hearing has been reset for 8/3/2006 at 09:00 AM in Albany before Judge Gary L. Sharpe. Oral argument will be required unless otherwise notified by the court. (jel, ) (Entered: 06/29/2006)

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08/03/2006
08/03/2006 08/03/2006 01/26/2007 09/24/2007 09/27/2007

50 Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 8/3/2006 re 26 MOTION for Sanctions By defendants White House and Hertzel filed by White House Home for Adults,, 24 First MOTION for Summary Judgment filed by White House Home for Adults,, Ronald Hertzel; Appearances Made: Arnold Lizana and Judy Keenan, Esqs., for the EEOC, Lisa F. Joslin, Esq., for Plaintiff Chase and Meredith Savitt, Esq., for the defendants. Court states pending motions before the court; Court exhibit 1 issued to counsel - standard of review for summary judgment. Court asks defense counsel if disputed facts can't address; Atty. Savitt states if genuine facts can't, but believes there is no genuine facts. Court discusses credibility to be before trier of facts. Atty. Savitt states statements are not consistent. Court turns to EEOC. Atty. Savitt states possibly one other plaintiff. Atty. Lizana states position and that summary judgment is not appropriate. States statement of facts in dispute. Court states can't make evidentiary rulings on the motion for summary judgment. Court inquires on precise nature of claim. Atty. Lizana states hostile work environment claim, discharge claim, etc. Jury needs to address any credibility issues; states defendant did not have effective policy on sexual harrassment. States circuit case for the court. Atty. Lizana discusses retaliation claim. States supreme court decision. Credibility is not the role of the court. Atty. Joslin states policy was inadequate and no proper training. Indicates medical records are disputed in this case. Atty. Savitt states plaintiffs trying to make this a credibility issue. States plaintiff made no allegations of sexual harrassment until left work and seen an attorney. Discusses issue of adverse employment condition. Court states case not ripe for summary judgment. Court discusses 7.1 f statements. Court DENIES the Motion for Summary Judgment and the Motion for Sanctions in their entirety. Court moves this case to the trial ready calendar. Transcript constitutes the decision of the court. No written order forthcoming. Court, in due time, will issue a trial scheduling order with all pertinent deadlines well in advance of the trial date. (Court Reporter Theresa Casal) Time: 9:45-10:35 a.m. (jel, ) (Entered: 08/03/2006)
51 COURT EXHIBIT 1 - Standard of Review - Summary Judgment. (jel, ) (Entered: 08/03/2006)
ORAL ORDER denying 24 Motion for Summary Judgment and denying 26 Motion for Sanctions . Orally issued from the bench by Judge Gary L. Sharpe on 8/3/2006. (jel, ) (Entered: 08/03/2006)
52 ORDER REASSIGNING CASE. Case reassigned to Judge William K. Sessions, III for all further proceedings. Judge Gary L. Sharpe no longer assigned to case. Signed by Judge Norman A. Mordue on 1/26/07. (amt, ) (Entered: 01/26/2007)
53 STATUS REPORT by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order/Judgment Proposed Consent Decree)(jel, ) (Entered: 09/25/2007)
54 CONSENT JUDGMENT in favor of Theresa Chase and Equal Employment Opportunity Commission against White House Home for Adults. Signed by Judge William K. Sessions III on 9/27/07. (lmp) (Entered: 09/27/2007)

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