Case 3:06-cv-00146-RRB Document 1 Filed 06/14/2006 Page 1 of 5

WILLIAM R. TAMAYO, REGIONAL ATTORNEY SAN FRANCISCO DISTRICT 350 THE EMBARCADERO, SUITE 500 SAN FRANCISCO, CALIFORNIA 94105-1260 JOHN F. STANLEY, ACTING SUPERVISORY TRIAL ATTORNEY WESLEY KATAHIRA, SR. TRIAL ATTORNEY WESLEY.KATAHIRA@EEOC.GOV EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WASHINGTON 98104 TELEPHONE: (206) 220-6918 FACSIMILE: (206) 220-6911
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.
PROVIDENCE HEALTH SYSTEM WASHINGTON dba PROVIDENCE ALASKA MEDICAL CENTER,
Defendant.

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Case No. _______

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COMPLAINT

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JURY DEMAND

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NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act of 1967, as

amended, 29 U.S.C. section 621 et seq. (“ADEA”), to correct unlawful employment

COMPLAINT – Page 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 3:06-cv-00146-RRB Document 1 Filed 06/14/2006 Page 2 of 5
practices on the basis of age and to provide appropriate relief to Rebecca Petrie, Gola Anderson, Milagros Lopez, Lawrence Harris, and Canijie Sadiku. As alleged with greater particularity in paragraphs 7, 8 and 9 below, since at least January, 2005, Providence Health System - Washington dba Providence Alaska Medical Center (“Providence” or “defendant”), discriminated against Ms. Petrie, Ms. Anderson, Ms. Lopez, Mr. Harris and Ms. Sadiku because of their age, by failing to rehire them after a layoff.
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 7(b) of the ADEA, 29 U.S.C. § 626(b), which incorporates by reference 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. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Alaska.
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 the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by

COMPLAINT – Page 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 3:06-cv-00146-RRB Document 1 Filed 06/14/2006 Page 3 of 5

Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98532 (1984), 98 Stat. 2705.
4. At all relevant times, defendant (or the "employer") has continuously been a corporation doing business in the State of Alaska and has continuously had at least 20 employees.
5. At all relevant times, defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least January, 2005, the defendant has engaged in unlawful employment practices at its Anchorage, Alaska facility, in violation of Section 4(a)(1) of the ADEA, 29 U.S.C. § 623(a)(1), by failing to rehire from layoff Rebecca Petrie, Gola Anderson, Milagros Lopez, Lawrence Harris, and Canijie Sadiku because of their age, all of whom were over 40 years of age. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms. Petrie, Ms. Anderson, Ms. Lopez, Mr. Harris and Ms. Sadiku of equal

COMPLAINT – Page 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 3:06-cv-00146-RRB Document 1 Filed 06/14/2006 Page 4 of 5

employment opportunities and otherwise adversely affect their status as employees because of their age.
9. The unlawful employment practices complained of in paragraphs 7 and 8 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
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 it, from terminating individuals because of their age, and from committing any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring defendant to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, and prejudgment interest to Ms. Petrie, Ms. Anderson, Ms. Lopez, Mr. Harris and Ms. Sadiku, whose wages are being unlawfully withheld as a result of the acts complained of above. D. Order defendant to make whole Ms. Petrie, Ms. Anderson, Ms. Lopez, Mr. Harris and Ms. Sadiku, who are adversely affected by the unlawful practices described

COMPLAINT – Page 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 3:06-cv-00146-RRB Document 1 Filed 06/14/2006 Page 5 of 5

above, by providing the affirmative relief necessary to eradicate the effects of its

unlawful practices, including but not limited to rightful-place hiring and/or reinstatement

and front pay.

E. Grant such further relief as the 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.

DATED this 14th day of June , 2006.

WILLIAM R. TAMAYO Regional Attorney SAN FRANCISCO DISTRICT 350 THE EMBARCADERO, SUITE 500 SAN FRANCISCO, CA 94105-1260

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

JOHN F. STANLEY Acting Supervisory Trial Attorney

WESLEY KATAHIRA Senior Trial Attorney

/S/ WILLIAM R. TAMAYO

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Seattle Field Office

Office of the General Counsel

909 1st Avenue, Suite 400

1801 "L" Street NW

Seattle, WA 98104

Washington, D.C. 20507

Attorneys for Plaintiff

COMPLAINT – Page 5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

 
 Case 3:06-cv-00146-RRB Document 58 Filed 06/03/09 Page 1 of 16

WILLIAM TAMAYO, REGIONAL ATTORNEY JONATHAN PECK, SUPERVISORY TRIAL ATTORNEY MARCIAL. MITCHELL, SENIOR TRIAL ATTORNEY U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SAN FRANCISCO DISTRICT 350 THE EMBARCADERO, SUITE 500 SAN FRANCISCO, CALIFORNIA 94105-1260 Tel: (415) 625-5651 Fax: (415) 625-5657 Marcia.Mitchell@eeoc.gov ATTORNEYS FOR PLAINTIFF EEOC

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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vs.

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PROVIDENCE HEALTH SYSTEM -

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WASHINGTON dba PROVIDENCE

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ALASKA MEDICAL CENTER,

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______________D_ef_en_d_an_t_. __________ ))

Case No. A0-06-146 (RRB) CONSENT DECREE

I. INTRODUCTION On June 14, 2006, Plaintiff, Equal Employment Opportunity Commission ("EEOC"), filed this action pursuant to the Age Discrimination in Employment Act of 1967 ("ADEA''), 29 U.S.C. §626(b). Plaintiff alleged that Defendant discriminated against Rebecca Petrie, Gala

Consent Decree- Page 1
EEOC v. Providence Health System Washington Case No. 3:06-cv-00146 (RRB)

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Anderson, Milagros Lopez, Lawrence Harris and Canije Sadiku (collectively, "the claimants") because of their ages by failing to rehire them after a layoff.
Defendant, Providence Health System Washington dba Providence Alaska Medical Center ("PAMC") answered the complaint and denied liability on all claims asserted by the EEOC.
The EEOC and PAMC want to conclude fully and finally all claims arising out of the above action without the expenditure of further resources and expenses in contested litigation. They enter into this Consent Decree to further the objectives of equal employment opportunity as set forth in the ADEA.
II. NON-ADMISSION OF LIABILITY 1. This consent decree is not an adjudication or finding on the merits of this case and shall
not be construed as an admission of a violation of the ADEA by Defendant. 2. The Court has reviewed the terms of this Consent Decree in light of the pleadings, the
record herein, and the applicable law, and now approves the Consent Decree in its entirety. Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
III. GENERAL PROVISIONS 1. This Court has jurisdiction over the subject matter and the parties to this action.
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2. This Consent Decree constitutes a full resolution of Plaintiffs complaint in Civil Action No. A0-06-146 (RRB) and the charges of discrimination filed with the EEOC by each of the claimants alleging discrimination on the basis of age.
3. This Consent Decree shall become effective upon its entry by the Court. 4. Each party shall bear its own costs and attorney fees.
IV. SCOPE OF CONSENT DECREE 1. The duration of the Consent Decree shall be three (3) years from the date of its entry,
provided that PAMC has complied substantially with the terms of this Consent Decree. PAMC will be deemed to have complied substantially if the Court has not made any findings or orders during the term of the Consent Decree that PAMC has failed to comply with any term of this decree. During the three-year term of this Consent Decree, this Court shall retain jurisdiction over this matter and the parties for the purpose of enforcing compliance with the Consent Decree, including issuing such orders as my be required to effectuate its purposes.
V. INJUNCTIVE RELIEF 1. Age Discrimination: Defendant, its officers, agents, management (including supervisory
employees), successors and assigns, and all those in active concert or participation with them will comply with all requirements ofthe ADEA with respect to providing a work environment free from discrimination on the basis age.
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2. Retaliation: Consistent with 29 U.S.C. §623(d), Defendant, its officers, agents, management (including supervisory employees), successors or assigns, and all those in active concert or participation with them, agree not to engage in, implement or permit any action, policy or practice with the purpose of retaliating against any current or former employee of Defendant because he or she opposed any practice of age discrimination made unlawful under the ADEA; filed a Charge of Discrimination alleging any such practice; testified or participated in any manner in any investigation (including, without limitation, any internal investigation undertaken by Defendant), proceeding or hearing in connection with this case and/or relating to any claim of age discrimination; or was identified as a possible witness in this action. VI. MONETARY RELIEF In settlement of the EEOC's claims of employment discrimination alleged in the
Complaint, Defendant shall pay relief to the Claimants in the total gross amount of$220,000.00 (Two Hundred Twenty Thousand Dollars and No Cents), hereinafter "Settlement Sum." The EEOC will inform Defendant how the Settlement Sum shall be apportioned between the Claimants no later than thirty (30) days after entry of this Consent Decree.
2. Payment to the Claimants shall be made no later than forty-five (45) days of the entry of this Consent Decree.
3. The payments to Claimants shall be treated as wages for tax purposes, and the payments accordingly shall be subject to income tax, Federal Insurance Contributions Act ("FICA") and other applicable tax withholding. Defendant shall issue each Claimant a check in
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the amount designated by the EEOC. Defendant also will issue a United States Internal Revenue Service W-2 Form to each Claimant.
(a) Defendant will mail the check directly to each Claimant with a photocopy ofthe checks, IRS W-2 Forms and related correspondence to the EEOC's counsel of record, Marcia Mitchell, Senior Trial Attorney for the EEOC, at 350 The Embarcadero, San Francisco, CA 94105 simultaneously with the mailing of the checks.
VII. SPECIFIC INJUNCTIVE RELIEF
1. Zero Tolerance. PAMC affirms the following "Statement of Zero-Tolerance Policy and Equality Objectives":
PAMC is firmly committed to maintaining a zero-tolerance policy concerning discrimination and retaliation against individuals who report discrimination in the company's workplace; to swiftly and firmly responding to any acts of discrimination and retaliation of which the company becomes aware; to implementing a disciplinary system that is designed to strongly deter future acts of discrimination or retaliation; and to actively monitoring its workplace in order to ensure tolerance, respect and dignity for all people. This paragraph does not create any individual or common law causes of action or other rights that would not otherwise exist under statute.
2. Equal Employment Opportunity and Discrimination Policies
a. Content of Policy. Within thirty (30) days of entry of this Decree, PAMC shall adopt a Non-Discrimination policy which (a) expressly prohibits discrimination on the basis of
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age, (b) states that violation of the Non-Discrimination policy may result in disciplinary action, (c) and: (i) includes definitions of age discrimination, with specific reference to discrimination in hiring; (ii) includes examples to supplement the definitions of age discrimination; (iii) provides for substantial and progressive discipline and/or corrective action for employees who engage in age discrimination; (iv) prohibits retaliation against employees who seek information about their rights or who complain that they may or are facing discrimination based on their age; (v) provides for substantial and progressive discipline for incidents of retaliation; (vi) provides that complaints of discrimination and/or retaliation will be accepted irrespective of whether they are made verbally or in writing or whether they are made by applicants or employees; (vii) provides a timetable for commencing an investigation after a complaint is made or received and for remedial action to be taken upon conclusion of an investigation; and (viii) explains that PAMC will communicate to the complaining party the results of the investigation and the remedial actions taken or proposed, if any.
b. Complaint Procedure. Within thirty (30) days of entry ofthis Decree, PAMC will adopt policies and procedures relating to complaints of discrimination and retaliation (the "Complaint Policies") are designed to encourage employees to come forward with complaints about violations of its anti-discrimination policies. PAMC 's Complaint Policies will, throughout the duration ofthis Decree, provide PAMC's employees with convenient, confidential and reliable mechanisms for reporting incidents of discrimination and retaliation. The Complaint Policies will notify employees that they can lodge a complaint with their immediate supervisor and will provide information regarding how to report allegations of discrimination to someone
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other than the immediate supervisor, including the identities, job titles and phone numbers of the employees responsible for receiving such complaint. PAMC shall ensure that contact information for employees responsible for receiving complaints is also continuously posted in a prominent place in its facility during the term of the Consent Decree.
c. Implementation. The EEOC will consider that PAMC has complied with the requirements of paragraphs VII(2)(a) and (b) if it amends Policies Nos. R600.008 and R630.002 and adopts age discrimination materials as set forth in Attachment A hereto.
d. Distribution of Policy. PAMC shall disseminate the amendments to Policies Nos. R600.008 and R630.002 and age discrimination materials adopted pursuant to paragraphs VII(2)(a) and (b) in a manner consistent with its current practices which, at minimum, provides:
(I) Distribution of a copy of the amended policies to PAMC managers with instructions to (a) notifY subordinates of such amendments within thirty (30) days of the entry ofthis Consent Decree, (b) post copies of the amended policies in their unit in the place(s) where other such similar information is posted, (c) remind subordinate employees that Providence policies are always available on the Providence intranet, and (d) reply back to PAMC's Human Resources department electronically when they have performed steps(a) through (c); (2) Intranet access to copies of the revised policies to and reviewing the policies with all new employees upon the employee's hire;
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(3) Intranet access to copies of the revised policies for each employee throughout the duration of the Consent Decree. 3. Anti-Discrimination Training. Within ninety (90) days of entry of this decree, PAMC will develop a training program lasting at least two hours for managers employed in the Operating Room on the date of entry of this decree and at least one hour for non-managerial employees employed in the Operating Room on the date of entry of this decree. The cost of the training will be borne by PAMC. (a) The training described in the preceding paragraph shall be provided by individual(s) with established experience in area of employment discrimination and the applicable laws and regulations and particularly, the ADEA. The training shall not be conducted by any individual who served as a witness in this litigation. The training will include examples of hiring practices that violate the ADEA and will inform each participant that he or she is responsible for knowing and complying with the contents of PAMC's Anti-Discrimination policy. (b) PAMC shall provide to the EEOC thirty (30) days in advance of the training a copy of the course syllabus for the training. Following the training session, all participants shall be given a questionnaire through which they will be asked to critique the training and to provide suggestions to improve future trainings. (c) PAMC will retain records of the training session, listing the date on which it held the training and identifying the persons who attended and those who did not attend.
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PAMC will provide a copy of these records, the training materials and the completed posttraining questionnaires to the EEOC within thirty (30) days of completion of the training. (d) For the duration ofthe Decree, PAMC shall provide this same training to all newly hired officers, managers and supervisors within sixty (60) days ofhire. 4. Use ofthe Select Interview Guide: PAMC shall only use interview guides developed by Select International, Inc. to assist in hiring for job positions which fall within job families for which interview guides have been created. Currently, interview guides have been created for the following job families: Clerical, Leadership, Professional, Sales & Marketing, Service, and Technologist. In addition, PAMC will require all employees who use the Select Interview guide to receive training from a certified Select International trainer before they use the interview guide.
5. Posting Regarding Consent Decree. The Notice of the Consent Decree, attached hereto as Exhibit A, shall be posted within five (5) days of entry of this Decree, and shall remain posted in a clearly visible location frequented by employees at PAMC during the term of this Consent Decree. Should the Notice become defaced, marred, or otherwise made unreadable, PAMC will ensure that new readable copies ofthe Notice are posted in the same manner as specified herein. PAMC will send the EEOC certification that the Notice has been posted within ten (1 0) days of entry of this Decree.
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VIII. REPORTS TO THE COMMISSION 1. Training Report. Within thirty (30) days of completion of the training required by section VII(3) of this Consent Decree, PAMC will send the EEOC appropriate verification of its completion of harassment training. 2. Discrimination Complaint Reports. PAMC shall file the following reports relating to complaints of age discrimination and/or retaliation made by PAMC's employees.
a. Initial Complaint Report. Six (6) months after the entry of this Consent Decree, PAMC will mail to counsel for the EEOC a report containing the following information and documentation (the "Initial Complaint Report"):
(1) A summary of all age discrimination and retaliation complaints made at PAMC since the entry of the Consent Decree. This summary shall contain a brief description of the type of complaint and a statement as to each as to the result of the investigation of such complaint.
(2) Copies of the documents generated as part ofthe complaint and PAMC's investigation and resolution of such complaint.
(3) Certification, in the form of a sworn statement from an employee with authority to speak on behalfofPAMC, detailing the extent to which PAMC's revised policies have been distributed in accordance with paragraph VII.2(d)( 1), above, and setting forth the name of departments and corresponding managers which have completed
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the requirements and the name of departments and corresponding managers which have not completed the requirements. b. Subsequent Complaint Reports. On the first day of the sixth month following entry of this decree and every six months thereafter throughout the duration of this Consent Decree, PAMC will mail to counsel for the Commission a report containing the above documentation and information listed in paragraph 2(a) above.
IX. RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE
1. This Consent Decree shall terminate within three (3) years from the date of entry by the court, unless the EEOC petitions this court for an extension of the Decree because of noncompliance by PAMC. If the EEOC determines that PAMC has not complied with the Consent Decree, the EEOC will provide written notification ofthe alleged breach to PAMC and will not petition the court for enforcement sooner than thirty (30) days after providing written notification. The thirty-day period following written notice shall be used by the parties for good faith efforts to resolve the issue. If the EEOC petitions the court and the court finds PAMC to be in substantial violation of the terms of the Decree, the court may extend this Consent Decree.
2. This Court shall retain jurisdiction over this action for the purposes of enforcing the provisions of this Consent Decree.
*** Signatures on following page***
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On behalf of Plaintiff:

On behalf of Providence DAVIS WRIGHT TREMAINE

Is/ William R. Tamayo WILLIAM R. TAMAYO Regional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Is/ Robert Stewart 5/27/09 ROBERT STEWART

Is/ Jonathan T. Peck JONATHAN T. PECK Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Is/ Marcia L. Mitchell 6/02/09 MARCIAL. MITCHELL Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

I attest that I received confirmation via e-mail that counsel for Defendant, Robert Stewart had signed and consented to the filing of this Consent Decree
Is/ Marcia L. Mitchell 6/02/09 MARCIAL. MITCHELL Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

IT IS SO ORDERED: DATED:

H~~~BELSTLINE
UNITED STATES DISTRICT COURT JUDGE

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UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

This Notice is being posted as part of an agreement between the Equal Employment Opportunity Commission (EEOC) and Providence Anchorage Medical Center (PAMC). Under Section 4(a) of the Age Discrimination in Employment Act of 1967, as amended (ADEA), it is unlawful for an employer to "discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's age." 29 U.S.C. §623(a). The ADEA covers individuals over the age of forty (40).
Under Section 4(d) of the ADEA, it is unlawful for an employer "to discriminate against any of his employees or applicants for employment. .. because such individual . . . has opposed any practice made unlawful by this section." 29 U.S.C. §623(d).
Therefore, in accordance with the applicable law:
PAMC WILL NOT engage in any acts or practices made unlawful by the ADEA as set forth above.
PAMC WILL NOT retaliate against employees for complaining about discrimination.
If you have a complaint of employment discrimination or questions regarding laws prohibiting employment discrimination, you may seek assistance from the EEOC's Seattle Field Office, 909 First Street, Suite 400, Seattle, WA 98104 or by calling (206) 220-6885. General information may be obtained on the Internet at www.eeoc.gov or by calling 1-800-699-4000 (TDD 1-800-669-6820).

[Name ofposting official] Date Posted:

DWT 12536303vl 0027208-000039

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ATTACHMENT A
A. Policy No. R600.008 Equal Employment Opportunity 1. Add in Section III. Scope the following language in subsection (A):
PH&SA will comply will all applicable federal, state and local laws governing non-discrimination in employment. ...
B. Policy No. R630.002, Employee Grievance Process
1. Add in Section I. Purpose/Scope the following language:
The purpose of this policy is to provide guidelines for the timely and equitable review of employee grievances that cannot be resolved informally at the departmental level. Nothing in this policy is intended to restrict or prohibit employees from taking allegations of discrimination to the U.S. Equal Employment Opportunity Commission or the Anchorage Equal Rights Commission.
2. Add in Section II. Policy the following language:
In keeping ... Therefore, this policy establishes an internal process for the timely and equitable review and resolution of employee work-related grievances.
3. Add in Section IV. General Instructions the following language at the end of subsection (F):
A formal grievance may be verbal or i:s in writing and includes the following:
Providence will provide assistance, as necessary, to employees with limited English proficiency or writing skills to memorialize their grievance in writing as soon as practicable. Providence will nevertheless maintain a written record of the grievance in the event that the employee does not memorialize the grievance in writing.
4. Add in Section IV. General Instructions the following language in subsection (G)(l )(a):
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If the informal discussion with the employee's immediate supervisor is unsatisfactory, the employee~ must suemit a written grievance, or in the absence of a written grievance, the written record of the grievance. must be submitted to the employee's to their Director/Manager within seven (7) business days of the occurrence. Different deadlines apply to complaints of discrimination filed with the U.S. Equal Employment Opportunity Commission or the Anchorage Equal Rights Commission. Contact these agencies directly to find out the timelines for filing a complaint with them.
5. Add in Section IV. General Instructions the following language in subsection K:
The employee grievance process is the exclusive internal remedy for all disputes or work-related concerns arising from an employee's employment that cannot be resolved within the management chain. This process does not affect your rights to take concerns regarding employment discrimination to government agencies.
6. Add in Section IV. General Instructions the following language in subsection N:
Attorneys or their representatives are not permitted to serve as advocates on behalf of Providence Health & Services Alaska or employees. Attorneys may not appear on behalf of employees or submit letters directly to Providence Health & Services Alaska on behalf of employees in the grievance process. This policy does not, however, prohibit employees from consulting with attorneys regarding the issue that caused the employee to file a grievance.
C. Age Discrimination
1. Providence will add the substance of the following at an appropriate location in its policies/training materials:
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an

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individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.
Benefits Workers Benefit Protection Act
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs would create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

 
 U.S. District Court District of Alaska (Anchorage) CIVIL DOCKET FOR CASE #: 3:06−cv−00146−RRB

CLOSED

Equal Employment Opportunity Commission v. Providence Health System−Washington d/b/a Providence Alaska Medical Center Assigned to: Ralph R. Beistline Cause: 29:621 Job Discrimination (Age)
Plaintiff

Date Filed: 06/14/2006 Date Terminated: 06/10/2009 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by John Freeman Stanley Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104−1061 206−220−6896 Fax: 206−220−6911 Email: john.stanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marcia L. Mitchell Equal Employment Opportunity Commission (SanFrancisco) 350 The Embarcadero, Suite 500 San Francisco, CA 94105−1260 415−625−5651 Fax: 415−625−5657 Email: marcia.mitchell@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Katahira Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104−1061 206−220−6917 Fax: 206−220−6911 Email: wesley.katahira@eeoc.gov TERMINATED: 12/11/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William R. Tamayo Equal Employment Opportunity Commission (SanFrancisco) 350 The Embarcadero, Suite 500 San Francisco, CA 94105−1260 415−625−5645 Fax: 415−625−5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:06-cv-00146-RRB

Elizabeth Esparza−Cervantes Equal Employment Opportunity Commission (SanFrancisco) 350 The Embarcadero, Suite 500 San Francisco, CA 94105−1260 415−652−5658
As of: 06/25/2012 05:00 AM AKDT 1 of 5

Fax: 415−625−5657 Email: elizabeth.esparza−cervantes@eeoc.gov TERMINATED: 08/09/2007

V.
Defendant
Providence Health System−Washington d/b/a Providence Alaska Medical Center

represented by Robert K. Stewart , Jr. Davis Wright Tremaine LLP (Anch) 701 W. 8th Avenue, Suite 800 Anchorage, AK 99501 907−257−5300 Fax: 907−257−5399 Email: bobstewart@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/14/2006
06/15/2006 06/16/2006 06/16/2006
06/19/2006
06/19/2006 06/29/2006 08/10/2006
08/21/2006 09/11/2006 09/11/2006 09/15/2006 12/07/2006 12/11/2006

# Docket Text
1 COMPLAINT against Providence Health System−Washington d/b/a Providence Alaska Medical Center , filed by Equal Employment Opportunity Commission.(SMF) (Entered: 06/15/2006)
Summons Issued as to Providence Health System−Washington d/b/a Providence Alaska Medical Center. (SMF) (Entered: 06/15/2006)
3 TEXT ORDER: Judge Sedwick hereby RECUSES from this case. The Clerk will please assign a new judge.(GMM, ) (Entered: 06/16/2006)
4 ORDER REASSIGNING CASE. Case reassigned to Judge Ralph R. Beistline for all further proceedings; use case # 3:06−cv−00146 RRB for all further proceedings. Judge John W. Sedwick no longer assigned to case. (LSC, ) (Entered: 06/16/2006)
5 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Providence Health System−Washington d/b/a Providence Alaska Medical Center waiver sent on 6/15/2006, answer due 8/14/2006. (Katahira, Wesley) (Entered: 06/19/2006)
6 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 5 Waiver of Service Executed (Katahira, Wesley) (Entered: 06/19/2006)
7 NOTICE of Appearance by Wesley Katahira on behalf of Equal Employment Opportunity Commission (Katahira, Wesley) (Entered: 06/29/2006)
8 Providence Health System−Washington's ANSWER to Complaint , Affirmative and Other Defenses by Providence Health System−Washington d/b/a Providence Alaska Medical Center.(Stewart Jr., Robert) (Entered: 08/10/2006)
9 ORDER Rule 26 Meeting Report due by 9/18/2006. (CPB, COURT STAFF) (Entered: 08/21/2006)
10 REPORT of Rule 26(f) Planning Meeting. (Stewart Jr., Robert) (Entered: 09/11/2006)
11 SCHEDULING AND PLANNING ORDER. (JPS, COURT STAFF) (Entered: 09/11/2006)
12 Witness List by Providence Health System−Washington d/b/a Providence Alaska Medical Center. (Stewart Jr., Robert) (Entered: 09/15/2006)
13 MOTION to Substitute Attorney by Equal Employment Opportunity Commission.(Katahira, Wesley) (Entered: 12/07/2006)
14 ORDER granting 13 Motion to Substitute Attorney. Added attorney Elizabeth Esparza−Cervantes for Equal Employment Opportunity Commission. Attorney Wesley Katahira terminated. (JPS, COURT STAFF) (Entered: 12/11/2006)

Case: 3:06-cv-00146-RRB As of: 06/25/2012 05:00 AM AKDT 2 of 5

12/12/2006
04/30/2007 05/30/2007 05/31/2007
05/31/2007 08/09/2007 10/18/2007 10/18/2007
12/14/2007 12/14/2007 01/30/2008
02/01/2008 06/11/2008 06/17/2008 06/17/2008 07/14/2008 07/15/2008 09/25/2008 09/26/2008
12/18/2008
12/18/2008

15 NOTICE of Unavailability of Counsel for Plaintiff EEOC by Elizabeth Esparza−Cervantes on behalf of Equal Employment Opportunity Commission (Esparza−Cervantes, Elizabeth) (Entered: 12/12/2006)
16 Witness List by Providence Health System−Washington d/b/a Providence Alaska Medical Center. (Stewart Jr., Robert) (Entered: 04/30/2007)
17 Witness List by Equal Employment Opportunity Commission. (Esparza−Cervantes, Elizabeth) (Entered: 05/30/2007)
18 STIPULATION REQUESTING DISCOVERY CONFERENCE AND CONTINUANCE; [PROPOSED] ORDER RE: STIPULATION TO CONTINUE SCHEDULING ORDER [UNOPPPOSED] by Equal Employment Opportunity Commission.(Esparza−Cervantes, Elizabeth) (Entered: 05/31/2007)
19 ORDER granting 18 Stipulation for Extension of Deadlines. (JPS, COURT STAFF) (Entered: 05/31/2007)
20 NOTICE of Appearance by Marcia L. Mitchell on behalf of Equal Employment Opportunity Commission (Mitchell, Marcia) (Entered: 08/09/2007)
21 Joint STIPULATION to Continue Rebuttal Expert Deadline by Equal Employment Opportunity Commission.(Mitchell, Marcia) (Entered: 10/18/2007)
22 MINUTE ORDER: The Stipulation Requesting Continuance of Deadline for Rebuttal Expert Reports at Docket 21 is hereby GRANTED. Rebuttal Expert Witness Disclosures are due by the close of business on December 14, 2007. (JPS, COURT STAFF) (Entered: 10/18/2007)
23 Witness List by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 12/14/2007)
24 Witness List by Providence Health System−Washington d/b/a Providence Alaska Medical Center. (Stewart Jr., Robert) (Entered: 12/14/2007)
25 Joint STIPULATION For Continuance of Pretrial Deadlines by Providence Health System−Washington d/b/a Providence Alaska Medical Center. (Attachments: # 1 Proposed Order)(Stewart Jr., Robert) (Entered: 01/30/2008)
26 ORDER granting 25 Stipulation to Extend Deadlines. Signed by Judge Ralph R. Beistline on 1/31/08. (JPS, COURT STAFF) (Entered: 02/01/2008)
27 STATUS REPORT Joint by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 06/11/2008)
28 STATUS REPORT ORDER: The parties are to submit a Status Report by 7/14/2008. (JPS, COURT STAFF) (Entered: 06/17/2008)
29 NOTICE of Unavailability of Counsel by Equal Employment Opportunity Commission (Mitchell, Marcia) (Entered: 06/17/2008)
30 STATUS REPORT (JOINT) by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 07/14/2008)
31 STATUS REPORT ORDER: The parties are to file closing paperwork or a Status Report by 9/22/2008. (JPS, COURT STAFF) (Entered: 07/15/2008)
32 STATUS REPORT (JOINT) by Providence Health System−Washington d/b/a Providence Alaska Medical Center. (Stewart, Robert) (Entered: 09/25/2008)
33 MINUTE ORDER: Pursuant to the Joint Status Report at Docket 32 , a further status report shall be filed by 12/1/2008. (JPS, COURT STAFF) (Entered: 09/26/2008)
34 MOTION Joint Status Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 12/18/2008)
35 AFFIDAVIT of Marcia L Mitchell in Support re 34 MOTION Joint Status Conference by Equal Employment Opportunity Commission. (Mitchell, Marcia)

Case: 3:06-cv-00146-RRB As of: 06/25/2012 05:00 AM AKDT 3 of 5

12/18/2008
01/15/2009 01/15/2009 01/15/2009
02/17/2009 02/17/2009 02/17/2009 02/17/2009 02/19/2009
02/19/2009 03/26/2009 03/26/2009 03/26/2009

(Entered: 12/18/2008)
36 ORDER SCHEDULING HEARING: A scheduling conference will be held in this matter on THURSDAY, JANUARY 15, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. Attorney Mitchell may attend telephonically by calling 907−677−6226 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 12/18/2008)
37 TEXT ORDER: Parties/counsel needing to attend the hearing at 10:00 AM (Alaska Time) today, January 15, 2009, shall call Meet Me Bridge "B" at 907−677−6247. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 01/15/2009)
38 NOTICE OF HEARING: A Status Conference is scheduled in this matter for THURSDAY, FEBRUARY 19, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 01/15/2009)
39 Minute Entry for proceedings held before Judge Ralph R. Beistline: Scheduling Conference held on 1/15/2009. Court ordered Ms. Mitchell to file Notice of Settlement and Vacate of Status Conference set for 02/19/2009 at 10:00 a.m. on or before 05/15/2009. Status Conference set for 2/19/2009 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Court Recorder SAL.)Plaintiff Counsel−Marcia Mithcell − Telephonic; Defense Counsel−Robert K. Stewart − Telephonic; (SAL, COURT STAFF) (Entered: 01/15/2009)
40 MOTION for Leave to Appear Telephonic by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 02/17/2009)
41 MEMORANDUM in Support of by Equal Employment Opportunity Commission 40 MOTION for Leave to Appear Telephonic filed by Equal Employment Opportunity Commission, 38 Order, Set Deadlines/Hearings. (Mitchell, Marcia) (Entered: 02/17/2009)
42 TEXT ORDER: The Motion to Appear Telephonically at Docket 40 is GRANTED. Parties/counsel needing to attend telephonically are to call 907−677−6246 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 02/17/2009)
43 NOTICE OF TELEPHONE NUMBER CHANGE: Parties/counsel needing to attend the Status Conference on 2/19/09 at 10:00 AM telephonically are to call 907−677−6247. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 02/17/2009)
44 Minute Entry for proceedings held before Judge Ralph R. Beistline: Scheduling Conference held on 2/19/2009. Status Conference set for 3/26/2009 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Court Recorder CME.)Plaintiff Counsel−Marcia L. Mitchell, Telephonic; Defense Counsel−Robert K. Steward, Jr., Telephonic. (CME, COURT STAFF) (Entered: 02/19/2009)
45 ORDER SCHEDULING HEARING: A Status Conference will be held in this matter on THURSDAY, MARCH 26, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 02/19/2009)
46 MOTION for Leave to Appear telephonic on shortened time by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 03/26/2009)
47 MEMORANDUM by Equal Employment Opportunity Commission 46 MOTION for Leave to Appear telephonic on shortened time filed by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 03/26/2009)
48 TEXT ORDER: The Motion to Appear Telephonically at Docket 46 is GRANTED. Parties/counsel needing to attend the hearing on 3/26/09 at 10:00 AM telephonically are to call 907−677−6246 at the time of the hearing. (CC: Calendaring, ECRO) (JPS, COURT STAFF) (Entered: 03/26/2009)

Case: 3:06-cv-00146-RRB As of: 06/25/2012 05:00 AM AKDT 4 of 5

03/26/2009
03/26/2009
04/24/2009 04/24/2009 04/24/2009 04/24/2009
05/08/2009 05/08/2009 06/02/2009 06/03/2009

49 Minute Entry for proceedings held before Judge Ralph R. Beistline: Status Conference held on 3/26/2009. Defendant to file Notice of Settlement as soon as possible. Status Conference set for 4/28/2009 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Court Recorder SAL.)Plaintiff Counsel−Marcia L. Mitchell − Telephonic; Defense Counsel−Robert K. Stewart, Jr. − Telephonic; (SAL, COURT STAFF) (Entered: 03/26/2009)
50 NOTICE OF HEARING: A Status Conference will be held in this matter on TUESDAY, APRIL 28, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. Parties/counsel needing to attend telephonically are to call 907−677−6246 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 03/26/2009)
51 MOTION to Continue Status Conference (Unopposed) by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 04/24/2009)
52 MEMORANDUM by Equal Employment Opportunity Commission 50 Order,, Set Hearings,, Terminate Deadlines and Hearings, 51 MOTION to Continue Status Conference (Unopposed) filed by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 04/24/2009)
53 TEXT ORDER: The Motion to Continue at Docket 51 is granted. (JPS, COURT STAFF) (Entered: 04/24/2009)
54 ORDER RESCHEDULING HEARING: The Status Conference in this matter is RESCHEDULED and will be held on THURSDAY, MAY 14, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. Parties/counsel needing to attend telephonically shall call 907−677−6246 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 04/24/2009)
55 NOTICE of Settlement by Equal Employment Opportunity Commission (Mitchell, Marcia) (Entered: 05/08/2009)
56 TEXT ORDER: Pursuant to the Notice of Settlement filed at Docket 55 , the Status Conference scheduled for May 14, 2009, is VACATED. The parties are requested to file settlement paperwork or a status report on or before JUNE 1, 2009. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 05/08/2009)
57 SETTLEMENT AGREEMENT (Consent Decree) by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 06/02/2009)
58 CONSENT DECREE. (JPS, COURT STAFF) (Entered: 06/03/2009)

Case: 3:06-cv-00146-RRB As of: 06/25/2012 05:00 AM AKDT 5 of 5

 
 PROVIDENCE ALASKA MEDICAL CENTER PAYS $220,000 TO OPERATING ROOM STAFF LAID OFF DUE TO AGE BIAS

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Home > About EEOC > Newsroom > Press Releases
PRESS RELEASE 6-3-09
PROVIDENCE ALASKA MEDICAL CENTER PAYS $220,000 TO OPERATING ROOM STAFF LAID OFF DUE TO AGE BIAS
EEOC Settles Discrimination Suit Against Alaska’s Largest Hospital
ANCHORAGE, Alaska – Providence Alaska Medical Center has agreed to pay $220,000 and other relief to settle an age discrimination lawsuit on behalf of five workers laid off and denied rehire because of their age, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.
The EEOC charged that in February 2005, Providence laid off and refused to rehire longtime employees Gola Anderson, Lawrence Harris, Milagros Lopez, Rebecca Petrie and Canijie Sadiku, following a restructuring of the hospital’s operating room. The five employees had devoted between 11 and 24 years of their careers as surgery aides and anesthesia technicians to Providence and all had hoped to retire from Providence one day. The EEOC said that the five employees, ages between 46 and 56, lost their jobs due to their age, and were replaced by new hires in their twenties and thirties.
Such alleged conduct violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit after first attempting to reach a voluntary settlement.
Under the three-year consent decree resolving the case (EEOC v. Providence Alaska Medical Center, Civ. No. 3:06-cv-00146 RBB), approved by U.S. District Court Ralph B. Beistline, Providence Alaska Medical Center denied liability, but agreed to pay $220,000 to compensate the employees for wages lost as a result of losing their jobs. The medical center will also revise its policies, provide training on discrimination and retaliation for operating room employees, and file regular reports with the EEOC for monitoring in addition to other injunctive relief.
“Employers have a duty to ensure that they do not run afoul of the law when they restructure their workforce,” said EEOC San Francisco Regional Attorney William R. Tamayo. “We commend Providence for working cooperatively to resolve this lawsuit and believe that the relief provided in the consent decree will prevent something like this from happening in the future.”
The EEOC brought the lawsuit against Providence after a neutral investigation conducted by EEOC investigator Mercedes Casasola, and after the agency first attempting to a reach voluntary settlement out of court.
EEOC San Francisco District Director Michael Baldonado noted, “Unfortunately, age bias continues

http://www.eeoc.gov/eeoc/newsroom/release/6-3-09a.cfm[6/25/12 10:51:45 AM]

PROVIDENCE ALASKA MEDICAL CENTER PAYS $220,000 TO OPERATING ROOM STAFF LAID OFF DUE TO AGE BIAS to be a persistent problem in the 21st century workplace – four decades after passage of the Age Discrimination in Employment Act. The EEOC will continue to fight for the rights of older workers.” During Fiscal Year 2008, the EEOC received a record 24,582 age discrimination charge filings, a 29 percent increase from the prior year and a 65 percent jump from the number of filings in FY 2005 (14,893).
According to its web site, www.providence.org/alaska, the Providence Health Care System is Alaska’s largest private employer, with over 4,000 employees serving the Alaska communities of Anchorage, Matanuska-Susitna Valley, Kodiak Island, Seward and Valdez. Providence Alaska Medical Center is located in Anchorage and is Alaska’s largest hospital.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
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http://www.eeoc.gov/eeoc/newsroom/release/6-3-09a.cfm[6/25/12 10:51:45 AM]