Case 1:02-cv-02398-RBP Document 1 Filed 09/30/2002 Page 1 of 5

IN THE UNITED STATES DISTRICT co~2rSEP 30 PM 3: 01

FOR THE NORTHERN DISTRICT OF ALA-&J\MA:.i i ::1:.-- I :..::=iURT

EASTERN DIVISION

H.D. OF AU,G;\M&

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

NORTHEAST ALABAMA REGIONAL

)

MEDICAL CENTER

)

)

Defendant.

)

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

NATURE OF THE ACTION

CIVIL ACTION NO.
COMPLAINT
n TRY TRIAL DEMAND
CV..·O~:~····PT····,:·..c·..'."..')(,~<>i:.)>....~ i!:

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 ofreligion, and to provide

appropriate relief to David E. Baker who was adversely affected by such practices. As alleged with

greater particularity in paragraph 7 below, the Defendant Employer discriminated against David E.

Baker on the basis of his religion by refusing to accommodate him in his religious beliefs and

practices and discharging him because of those beliefs and practices.

JURISDICTION AND VENUE

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

and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitle 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. The employment practices alleged to be unlawful were committed within the

1

Case 1:02-cv-02398-RBP Document 1 Filed 09/30/2002 Page 2 of 5

jurisdiction of the United States District Court for the Northern District of Alabama Eastern

Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

the agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(:t)(1) and

(3) of Title VII, 42 U.S.C. § 2000e-5(:t)(1) and (3).

4. At all relevant times, Defendant,Northeast Alabama Regional Medical Center (the

"Employer"), has continuously been an Alabama not-for-profit organization doing business in the

State of Alabama and the City of Anniston, and has continuously had at least 15 employees.

5. At all relevant times, Defendant Employer 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).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, David E. Baker filed a

charge with the Commission alleging violations ofTitle VII by Defendant Employer. All conditions

precedent to the institution of this lawsuit have been fulfilled.

7. On or about Wednesday, January 26,2000, Defendant Employer engaged in unlawful

employment practices at its Anniston, Alabama facility, in violation ofSection 703 (a)(1) ofTitle VII,

42 U.S.C. § 2000e-2(a)(1). In particular, David E. Baker sought accommodation of his religious

beliefs that required him to not work on Saturdays. Rather than seeking to work out a form of

accommodation of his religious beliefs with Mr. Baker, Defendant Employer gave Mr. Baker the

Case 1:02-cv-02398-RBP Document 1 Filed 09/30/2002 Page 3 of 5
option of resigning or being terminated, effective immediately. When Mr. Baker refused to resign, Defendant Employer terminated him, effective immediately, because of his religious beliefs.
8. The effect of the practices complained of in paragraph 7 above has been to deprive David E. Baker of equal employment opportunities and otherwise adversely affect his status as an employee, because of his religion.
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 David E. Baker.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discriminatory discharge practices on the basis ofreligion and any other employment practice which discriminates on the basis of religion. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for men, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole David E. Baker, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to

Case 1:02-cv-02398-RBP Document 1 Filed 09/30/2002 Page 4 of 5
rightful-place reinstatement of David E. Baker. D. Order Defendant Employer to make whole David E. Baker, by providing
compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including relocation expenses, job search expenses, any unreimbursed medical expenses and loss of earning potential, in amounts to be determined at trial.
E. Order Defendant Employer to make whole David E. Baker by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay David E. Baker punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, NICHOLAS INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Case 1:02-cv-02398-RBP Document 1 Filed 09/30/2002 Page 5 of 5

1801 "L" Street, Northwest Washington, DC 20507

ERRIER (OH 0023546) / Regional Arney

-~ QJ4 (l!;>f ~DBYRD(LA0314i) Supervisory Trial Attorney

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\f'MARK GRAHAM (LA 06216) Senior Trial Attorney
\)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 Telephone: (205) 731-1172

 
 Case 1:02-cv-02398-RBP Document 7 Filed 12/30/2002 Page 1 of 1
ED

IN THE UNITED STATE DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA 02 DEC 30 PH 3: 04
EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION )

)

Plaintiff

)

)

vs.

)

)

NORTHEAST ALABAMA

)

REGIONAL MEDICAL CENTER)

)

Defendant

)

CASE NO. CV 02-PT-2398-E
FIU[TEBJ~
DEC30'2002

DISMISSAL ORDER In accordance with the Stipulation of Dismissal filed by the plaintiff Equal Employment

Opportunity Commission on December 20, 2002, this action is DISMISSED, WITHOUT PREJUDICE, with each party to bear their ~
DONE and ORDERED thiS..1i2. day of December, 2002.

 
 CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?430581786544806-L_9...

U.S. District Court Northern District of Alabama (Eastern) CIVIL DOCKET FOR CASE #: 1:02-cv-02398-RBP

CLOSED

EEOC v. Northeast AL Reg Med Assigned to: Judge Robert B Propst Demand: $0 Case in other court: Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/30/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Charles Guerrier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2044 Fax: 205-212-2041 Email: charles.guerrier@eeoc.gov ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 ATTORNEY TO BE NOTICED

J Mark Graham EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054 Fax: 205-212-2041 Email: john.graham@eeoc.gov ATTORNEY TO BE NOTICED

Mildred Byrd EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2054

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CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?430581786544806-L_9...

V.
Defendant Northeast Alabama Regional Medical Center

Fax: 205-212-2041 Email: Mildred.Byrd@eeoc.gov ATTORNEY TO BE NOTICED
Nicholas M Inzeo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 1-202-663-4639 fax Fax: 1-202-663-4639 fax ATTORNEY TO BE NOTICED
represented by J Tobias Dykes CONSTANGY BROOKS & SMITH LLC One Federal Place, Suite 900 1819 Fifth Avenue North Birmingham, AL 35203 205-252-9321 Fax: 205-323-7674 Email: TDykes@constangy.com ATTORNEY TO BE NOTICED
Shannon L Miller CONSTANGY BROOKS & SMITH AmSouth Harbert Plaza, Suite 1410 One Federal Place, Suite 900 1819 Fifth Avenue North Birmingham, AL 35203 252-9321 Fax: 323-7674 fax Email: smiller@constangy.com ATTORNEY TO BE NOTICED
Thomas A Davis CONSTANGY BROOKS & SMITH AmSouth Harbert Plaza, Suite 1410 One Federal Place, Suite 900 1819 Fifth Avenue North Birmingham, AL 35203 252-9321 Fax: 323-7674 fax Email: tdavis@constangy.com ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?430581786544806-L_9...

Date Filed 09/30/2002 10/21/2002 12/02/2002 12/03/2002
12/04/2002
12/20/2002 12/30/2002

#

Docket Text

1 COMPLAINT filed, amount paid $ waived (KLL) (Entered: 10/01/2002)
2 WAIVER of Service of Summons by defendant Northeast AL Reg Med filed (Former Employee) (Entered: 10/22/2002)
3 MOTION by dft to dismiss , or, in the alternative, for summary judgment filed cs (KLL) (Entered: 12/03/2002)
4 ORDER (Submission) that the motion for summary judgment [3-2] is submitted 12/2/02; pla is to list each claim made in this case by 12/13/02, dfts may respond to pla's listing and will admit or deny that there is a source for the listed evidence by 12/20/02, pla's may reply by 12/27/02 filed ( Magistrate-Judge Robert R. Armstrong Jr ) cm (KLL) (Entered: 12/03/2002)
5 ORDER-The court VACATES submission order dated 12/3/02; within 10 working days pla will respond to dft's motion to dismiss/for summary judgment; dft may reply w/i 7 working days thereafter filed ( by Judge Robert B. Propst ) cm (MAA) (Entered: 12/04/2002)
6 STIPULATION of dismissal filed (Former Employee) (Entered: 12/23/2002)
7 ORDER -In accordance with stipulation of dismissal, filed by pla, this action is DISMISSED W/O PREJUDICE with each party to bear own costs to dismiss case filed ( by Judge Robert B. Propst cm (MAA) (Entered: 12/30/2002)

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