UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

ECF CASE

EQUAL EMPLOYMENI" OPPORTUNITY COlVlMISSION,
Plaintiff~
v.

CIVIL ACTION NO, COMPLAINT

2769

NORTH SHORE - LONG ISLAND JEWISH HEALTII SYSTEM, INC.

Defendant

:

.................................... 30, ia.,J,

NATURE OF THE ACTION

BROOKLYN OFFICE

This is an action under Title [ of the Americmls with Disabilities Act of 1990 ("ADA"),

and Title 1 of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis

of’disability and to provide appropriate retiefto the Charging Pmty ("John Doe"), a q~Jalified

individual with a disability (depression and anxiety) who was adwrs¢ly affected by such

practices. As alleged with greater particularity below, the Equal Employlnent Opportunity

Commission ("the Commission") alleges that Defendant, North Shore - Long Island 2cwish

Health System, Inc. ("North Shore - LIJHS"), subjected ~’ohn Doe to discrimination on the basis

of his disability by disclosing to his co-workers that he was receiving psychiatric trealanent.

JURISDICTION AND VENUE i. Jurisdiction old, is Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the ADA, 42,U.S.C. §12117(a), which incorporates by reference Section 706(0(1) and (3) of Title VII of
1

the Civil Rights Act of 1964 ("Title VII"), 42 U,S.C. §2000e-5(f)(1) and (3), and pttrsuant to Section 102 of the Civil Rights Act of 1991, ~2 U.S.C. §1981a.
2, The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Coart for the Eastern District of New York in the State of New York and City of New York (Glen Oaks, County of Queens).
PAR]’tES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administaation, interpretation and enforcement of Title ! of’the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U,S.C. §12117(a), which incorporates by reference Section 706(0(1) and (3) of Titt¢ VII, 42 U,S,C, §2000e-5(f)(1) and
(3).
At all relevant tiffins, Defendant North Shore - LIJHS has continuously been a corporation headquartered in Great Neck, New York and doing business in the State of New York and City of New York (Glen Oaks, County of Queens) and has continuously had at least 15 employees.
At all relevant times, Defendant North Shore- LIJHS has continuously been an employor engaged in an iMustry affecting commerce under Section 101(5) of the ADA. 42 U.S,C, }t12111(5), and Section 101(7) of the ADA, 42 U,S.C. §12111(7), which incorporates by reference Sections 701 (g) and (h) of Titte VII, 42 U,S.C, §§ 2000e(g) and (h),
6. At all relevant times, Defendant North Shore - LIJHS has been a covered entity under Section 101(2) of the ADA, 42 U.S,C. §12111(2),
2

STATEMENT OF CLAIMS More fl~an thirty days prior to the institution of this lawsttit, John Doe filed a charge with the Commission alleging violations of’Title 1 of the ADA by Defendant Norlh Sl~ore - LIJHS. All conditions precedent to the institution of this lawsuit have been fulfilled. 8, John Doc has Bipolar Disorder and Generalized Anxiety Disorder with Panic, which substantially limits major life activities, including his ability to work, As such, he is a qualified individual with a disability pursuant to Title I of the ADA, 9. John Doe was hired by North Shore - LIJHS in March 2000 as a Security Officer at Schneider Children’g Hospit~ in Glen Oaks, New York in the City of New York, County of Queens. Schneider Children’s Hospital is one of approximately eighteen (18) hospitals in the Norlh Shore - L1JHS. 10. In January 2003, John Doe was evaluated and diagnosed with Bipolar Disorder and Generalized Anxiety Disorder with Panic. Shortly thereafter, John Doe requested a reasonable accommodation from Norlh Shore - LIJHS, The accommodation requested was an extended medical leave of absence for several months while he received treatment for his condition, 11. On or about February 10, 2003 John Doc provided medical documentation about his illness in connection with his request for a reasonable accommodation. North Shore - LIJHS granted Doc’s request for a reasonable accommodation,
3

12. On or about May 6, 1993, John Doe provided additional medical documentation recommending that his disability leave be extended by another mol~th, North Shore - L.IJIdS granted Doe’s request for an extension o f his disability leave.
13, Shortly ariel" receiving John Doe’s May 6, 1993 request for additional disability leave, Defendant North Shore- LIJHS engaged in an unlawful elnployment practice at its facility in Glen Oaks, New York, in violation of Section 102 of Title I of the ADA, 42 U.S,C. {}12112 (d) etseq, This practice inctuded bat is not limited to the unauthorized disclosure of information required to be kept confidential by the ADA, Specifically, Defendant North Shore - LtJHS discussed confidential information about 3rohn Doe’s medical condition in the presence of Doe’s ¢o-workcrs.
14, The effect of the practices complained of in paragraph 13 above has been to deprive John Doe of equal employment opportunities and otherwise adversely affect his status as an employee, because of his disability, and to inflict emotional pain. suffering and inconveaience upon John Doe,
15, The unlawful employnlent practices complained of in paragraph 13 above were intentional.
16, The unlawful employment practices complained of in paragraph 13 above were done with malice or with reckless indifference to the federally protected rights of John Doe,
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
4

A, Grant a permanent injunction enjoining Defendealt North Shore - LIJ-I-IS, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employlnent practice which discriminates on the basis of disability.
B. Order Defendant North Shore - LIJHS to institute and carry out policies, practices, and programs which provide equal employment opportunities for quali~ed individuals with disabilities, and which provide affirmative rellefnecesshry to eradicate the effects of its unlawful employment practices.
C. Order Defendant North Shore - LIJHS to make John Doe wt~ole, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial.
D. Order Defendant North Shore - LIJHS to make John Doe Mmle by providing compensation for past and future nonpecuniary losses resulting fi,ora fl~e unlawful employment practices described in paragraph 13 above, including but not limited to emotional pair~, suffering and inconvenience, in amotmts to be determined at trial.
E. Order Defendant North Shore - LIJHS to pay John Doe punitive damages for its malicious and reckless conduct described ir~ paragraph 13 above, m amounts to be determined at trial.
Grant sucl~ further relief as file Court deems necessary and proper in the public interest.
G Award the Commission its costs ofthis action.
JURY" TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Dated:

June 9, 2005 New York, NY

Respectfully submitted,
Erie S. Dreiband General Counsel
~ames L. Lee Deputy General Counsel
Gwendolyn Y. Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION t801 L Street, N.W. Washington, D.C. 20507

~rora Curlin (NC 5223) Supervisory Trial Attorney
Judy Ktde~an (~q2 3083) Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District ONce 33 Wl~itehall Street, 5~h Floor New York, NY 10004-2112 (212) 336-3705 (212) 336-3623 (Fax No.) judy.keenan@eeoe.gov
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 Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 1 of 9

LEVY DAVIS & MAHER, LLP Jonathan A. Bernstein (JB 4053) 880 Third Avenue New York, New York 10022 (212) 371-0033

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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

EQUAL EMPLOYMENT OPPORTUNITY

:

COMMISSION,

:

:

Plaintiff,

:

:

and JOHN DOE,

:

:

Intervenor,

:

:

:

- against -

:

:

NORTH SHORE-LONG ISLAND JEWISH

:

HEALTH SYSTEM, INC.,

:

:

Defendants.

:

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

05 Civ. 2769 (NGG) (MDG)
PLAINTIFF-INTERVENOR’S COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff-intervenor John Doe (hereinafter “Doe”), by his attorneys, Levy Davis & Maher,

LLP, complaining of defendant North Shore-Long Island Jewish Health System, Inc. (hereinafter

“NSLIJ”) alleges:

NATURE OF THE ACTION 1. This is an action brought pursuant to Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. (“Title I” or “ADA”) and the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq., (“FMLA”) to correct unlawful employment practices on the basis of Mr. Doe’s disability and medical leave status.

Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 2 of 9
2. Mr. Doe is employed by NSLIJ as a security officer. He availed himself of medical leave pursuant to the ADA, the FMLA and a collective bargaining agreement. NSLIJ obtained sensitive and confidential medical information, as was its right under those statutes, which statutes also restrict dissemination of such information to persons with a business-related need to know. NSLIJ nevertheless disclosed that medical information to persons who had no such need to know. NSLIJ thereafter retaliated against Mr. Doe on account of his complaints that such disclosure was unlawful. Defendant’s actions are unlawful, and plaintiff brings this action for injunctive and declaratory relief, lost earnings, liquidated damages, compensatory and punitive damages, and other appropriate equitable and legal relief.
JURISDICTION AND VENUE 3. This Court has jurisdiction of this action pursuant to (i) 28 U.S.C. § 1343(4), which confers original jurisdiction upon this Court in a civil action to recover damages or to secure equitable relief under any Act of Congress providing for the protection of civil rights, (ii) 29 U.S.C. § 2617; (iii) 28 U.S.C. § 2201 and (iv) 28 U.S.C. § 1331. 4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b), inasmuch as the defendants have offices, conduct business and can be found in the Eastern District of New York, and the cause of action arose and occurred in the Eastern District of New York. Venue is also proper in this Court pursuant to § 107(a) of the ADA, 42 U.S.C. § 12117, inasmuch as the unlawful employment practices complained of herein occurred within the Eastern District of New York.
2

Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 3 of 9
PARTIES 5. Plaintiff John Doe is a natural person who resides in the County of Queens, City and State of New York. 6. At all relevant times, Mr. Doe has been an employee within the meaning of 42 U.S.C. § 12111(4) and an eligible employee as that term is defined by 26 U.S.C. § 2612(2)(A). He therefore has standing to bring this action under 42 U.S.C. § 12112(d)(4) and 29 C.F.R. § 825.500(g). 7. Alternatively, at all relevant times, Doe was and still is able to perform the essential functions of his job, with or without reasonable accommodation, and therefore has been a “qualified individual with a disability” within the meaning of 42 U.S.C. § 12111(8) and/or has been “regarded as” such within the meaning of 42 U.S.C. § 12102(2)(C) and/or has a “record of a disability” within the meaning of 42 U.S.C. § 12102(2)(B) and had a “serious health condition” within the meaning of 29 U.S.C. § 2611(11). 8. Mr. Doe is authorized to intervene in this action pursuant to 42 U.S.C. § 12117(a) and 2000e-5(f)(1). 9. Upon information and belief, NSLIJ is, and has been, at all relevant times, a domestic corporation that maintains its principal place of business in the County of Nassau, State of New York. 10. At all relevant times, NSLIJ has been an employer within the meaning of 42 U.S.C. § 12111(5) and 29 U.S.C. § 2611(4)(A)(ii)(I).
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Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 4 of 9
PROCEDURAL REQUIREMENTS 11. Plaintiff-intervenor incorporates by reference Paragraphs 1 through 10 of this Complaint as though the same were set forth fully herein. 12. Doe timely filed a Charge of Discrimination on or about September 4, 2003, with the United States Equal Employment Opportunity Commission (“EEOC”). 13. On or about August 20, 2004, the EEOC issued a determination that there was reasonable cause to believe that NSLIJ “discriminated against [Mr. Doe] because of his anxiety and depression ... failed to discuss [Mr. Doe’s] medical information privately and discreetly to managerial personnel only [and] retaliated against [him] for having made a complaint about the disclosure.” 14. On or about September 23, 2005, this Court permitted Mr. Doe to intervene in this action.
STATEMENT OF THE CLAIM 15. Plaintiff-intervenor incorporates by reference Paragraphs 1 through 14 of this Complaint as though the same were set forth fully herein. 16. Mr. Doe has worked for NSLIJ as a security officer since March 2000. He is currently assigned to NSLIJ’s Glen Oaks facility. 17. John Doe has been diagnosed with and treated for bipolar disorder and generalized anxiety disorder with panic. In or about January 2003, he sought medical leave for treatment.
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Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 5 of 9
18. Mr. Doe, having first duly supplied appropriate documentation to his supervisor, thereafter availed himself of sick leave pursuant to the Collective Bargaining Agreement between NSLIJ and the Special and Superior Officers Benevolent Association.
19. Mr. Doe’s supervisor disclosed plaintiff-intervenor’s confidential information to other employees of the Security office by announcing to Mr. Doe’s co-workers that he suffers from “head problems” and “has psychiatric issues”.
20. Another security officer further redisclosed this confidential information. Mr. Doe’s “psychiatric issues” soon became common knowledge among security officers at NSLIJ.
21. These disclosures caused plaintiff-intervenor to be publicly embarrassed, which embarrassment caused him to relapse into a severe depression. He remained in a severe depression for approximately two months. Following these disclosures and the resulting embarrassment, his condition deteriorated, further delaying his return to work by several months.
22. Following his return from medical leave in July 2003, Mr. Doe was subjected to frequent ridicule by co-workers and petty harassment by supervisors. Mr. Doe complained, through counsel, of such harassment, both directly to defendant and to the EEOC. Ultimately, NSLIJ suspended plaintiff-intervenor as punishment for trifling or non-existent disciplinary infractions.
COUNT I - VIOLATION OF TITLE I OF THE ADA 23. Plaintiff incorporates by reference Paragraphs 1 through 22 of this Complaint as though the same were fully set forth herein.
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Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 6 of 9
24. NSLIJ discriminated against plaintiff-intervenor by failing to treat his medical information as a confidential record and by disclosing such information to persons with no lawful privilege to receive such information.
25. The effect of the practices complained of herein has been to deprive Doe of equal employment opportunities and otherwise to limit, segregate or classify him because of his disability and/or his record of such disability.
26. The unlawful employment practices complained of herein were and are malicious, intentional and in reckless disregard of plaintiff-intervenor’s health and well being. As a result of defendant’s acts, plaintiff has suffered grievous, extensive and continuing damages, including but not limited to pain and suffering, humiliation, emotional distress, lost wages and benefits, punitive damages and attorneys’ fees.
COUNT II - VIOLATION OF TITLE I OF THE ADA 27. Plaintiff-intervenor incorporates by reference Paragraphs 1 through 26 of this Complaint as though the same were fully set forth herein. 28. Defendant retaliated against plaintiff-intervenor in violation of the ADA. 29. The unlawful employment practices complained of herein were and are malicious, intentional and in reckless disregard of plaintiff-intervenor’s health and well being. As a result of defendants’ acts, plaintiff has suffered grievous, extensive and continuing damages, including but not limited to pain and suffering, humiliation, emotional distress, lost wages and benefits, punitive damages and attorneys’ fees.
6

Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 7 of 9
COUNT III - VIOLATION OF THE FMLA 30. Plaintiff-intervenor incorporates by reference Paragraphs 1 through 29 of this Complaint as though the same were fully set forth fully herein. 31. NSLIJ discriminated against plaintiff-intervenor by failing to treat his medical information as a confidential record and by disclosing such information to persons with no lawful privilege to receive such information in violation of 29 C.F.R. § 825.500(g). 32. Defendant’s actions were intentional and in reckless disregard of the health and well being of the plaintiff-intervenor. As a result of these acts, the plaintiff has suffered grievous, extensive and continuing damages, including, but not limited to, lost wages and benefits, liquidated damages, attorney’s fees and the costs of this action.
COUNT IV - VIOLATION OF THE FMLA 33. Plaintiff-intervenor incorporates by reference Paragraphs 1 through 32 of this Complaint as though the same were fully set forth fully herein. 34. NSLIJ retaliated against plaintiff-intervenor for opposing practices made unlawful by the FMLA. 35. Defendant’s actions were intentional and in reckless disregard of the health and well being of the plaintiff-intervenor. As a result of these acts, the plaintiff has suffered grievous, extensive and continuing damages, including, but not limited to, lost wages and benefits, liquidated damages, attorney’s fees and the costs of this action.
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Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 8 of 9
COUNT V - VIOLATION OF THE FMLA 36. Plaintiff-intervenor incorporates by reference Paragraphs 1 through 35 of this Complaint as though the same were fully set forth fully herein. 37. Defendant’s acts complained of herein were willful.
PRAYER FOR RELIEF WHEREFORE, Doe respectfully prays that this Court: A. Declare defendant’s acts and practices complained of herein to be in violation of Doe’s rights as secured by the ADA and the FMLA; B. Grant a permanent injunction enjoining the Defendant and its officers, management personnel, employees, agents, attorneys, successors and assigns and those acting in concert therewith from any conduct violating Doe’s rights as secured by the ADA and/or the FMLA; C. Order defendant to make Doe whole by providing him appropriate lost earnings and benefits, with pre-judgment interest, and other affirmative relief including but not limited to front pay; D. Award Doe liquidated damages in an equal amount as provided in 29 U.S.C. § 2617; E. Award Doe compensatory damages to be determined at the time of trial by the jury; F. Award Doe punitive damages to be determined at the time of trial by the jury; G. Award Doe reasonable attorneys’ fees and costs incurred in prosecuting this action; and H. Grant such further relief as the Court deems necessary and proper.
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Case 1:05-cv-02769-NGG-MDG Document 12 Filed 09/26/2005 Page 9 of 9
JURY TRIAL DEMANDED The plaintiff-intervenor requests a jury trial on all questions of fact raised by the Complaint. Dated: New York, New York September 26, 2005
Respectfully submitted, LEVY DAVIS & MAHER, LLP
By:_________________________________ Jonathan A. Bernstein (JB 4053) Attorneys for Plaintiff-Intervenor 880 Third Avenue, Ninth Floor New York, New York 10022 Tel: (212) 371-0033
To: Judy Keenan (JK 3083) Senior Trial Attorney Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 (212) 336-3705 A. Jonathan Trafimow (AT 4862) Epstein, Becker & Green, P.C. Attorneys for Defendant 250 Park Avenue New York, New York 10177 (212) 351-4500
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 Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 1 of 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - X
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
- against -
NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC.,
Defendant.
- - - - - - - - - - - - - - - - - - -X

ORDER CV 2005-2769 (NGG)(MDG)

GO, United States Magistrate Judge: Plaintiff-Intervenor, who filed his complaint under a
pseudonym, and the Equal Employment Opportunity Commission ("EEOC") bring this action against North Shore-Long Island Jewish Health System, Inc. ("North Shore"), inter alia, pursuant to Title I of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. alleging that John Doe was discriminated against when North Shore disclosed confidential information about his disability. By order dated November 8, 2005, the Honorable Nicholas G. Garaufis referred plaintiff's and plaintiffintervenor's joint motion to proceed anonymously to me for decision.

FACTUAL BACKGROUND Plaintiff-Intervenor has worked for North Shore as a security officer since March 2000. Intervenor's Complaint ("Interv. Cmpl.") at ¶ 16. He has been diagnosed with and treated for bipolar disorder and generalized anxiety disorder with panic. Id.

Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 2 of 8
at ¶ 17; Affirmation of Jonathan A. Bernstein dated October 6, 2005 ("Bernstein Aff."), Exhs. 1, 2, 7. In or about January 2003, John Doe sought medical leave from North Shore for treatment of his psychiatric disorders. Interv. Cmpl. at ¶ 17; Affidavit of John Doe dated April 6, 2004 ("4/6/04 Doe Aff.") at ¶ 1 (attached to Bernstein Aff. as Exh. 5).
While Mr. Doe was on sick leave, his supervisor allegedly disclosed confidential information regarding his disability to his co-workers. Interv. Cmpl. at ¶ 19. As a result, Mr. Doe's disability became common knowledge among the security officers at North Shore. Id. at ¶ 20. Plaintiff alleges that these disclosures caused him embarrassment which triggered a relapse into a severe depression lasting approximately two months. Id. at ¶ 21; Affidavit of John Doe dated August 2, 2003 at ¶¶ 4-5 (attached to Bernstein Aff. as Exh. 4); 4/6/04 Doe Aff. at ¶¶ 4-5; unsworn statement of John Doe's mother dated April 1, 2004 ("Mother's Statement") at 2 (attached to Bernstein Aff. as Exh. 6).
Plaintiffs claim that Mr. Doe will suffer emotional harm if his identity is revealed in this case, just as he suffered after his condition was disclosed by North Shore. Thus, plaintiffs seek an order permitting Mr. Doe to proceed anonymously.
DISCUSSION Whether to allow a plaintiff to proceed anonymously is within the court's discretion. See EW v. New York Blood Center, 213 F.R.D. 108, 110 (E.D.N.Y. 2003); Doe v. Smith, 189 F.R.D. 239, 242
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Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 3 of 8
(E.D.N.Y. 1998), vacated on rehearing and modified on other grounds, 105 F. Supp.2d 40, 45 (E.D.N.Y. 1999); Doe v. Shakur, 164 F.R.D. 359, 360 (S.D.N.Y. 1996). Courts have applied various factors in determining whether a plaintiff's right to privacy outweighs the public interest in open proceedings and any potential prejudice to the defendant. See EW, 213 F.R.D. at 111; Shakur, 164 F.R.D. at 361; see also Doe v. Frank, 951 F.2d 320, 323 (11th Cir. 1992) ("The ultimate test . . . is whether the plaintiff has a substantial privacy right which outweighs the 'customary and constitutionally-embedded presumption of openness in judicial proceedings'"). These factors include: 1) whether the plaintiff is challenging governmental activity or an individual's actions, 2) whether the plaintiff's action requires disclosure of information of the utmost intimacy, 3) whether the action requires disclosure of the plaintiff's intention to engage in illegal conduct, 4) whether identification would put the plaintiff at risk of suffering physical or mental injury, 5) whether the defendant would be prejudiced by allowing the plaintiff to proceed anonymously, and 6) the public interest in guaranteeing open access to proceedings without denying litigants access to the justice system. See EW, 213 F.R.D. at 111; Smith, 189 F.R.D. at 242; Shakur, 164 F.R.D. at 361; see also James v. Jacobson, 6 F.3d 233, 238 (4th Cir. 1993).
As to the first factor, whether the defendant is a government entity is significant because challenging a governmental policy implicates a public interest and the government has less of a concern with protecting its reputation than a private individual.
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Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 4 of 8
See EW, 213 F.R.D. at 111; Shakur, 164 F.R.D. at 361. North Shore is neither a government entity nor an ordinary private party. As a hospital, it is like the blood center discussed in EW that "is organized solely to perform an important, public service." EW, 213 F.R.D. at 111-12. Even though the claims arise from defendant's conduct as a private employer, there is a public interest in vindicating Mr. Doe's rights founded upon North Shore's alleged disclosure of confidential medical information protected by federal privacy laws. Thus, I find that this case is more analogous to one involving a government defendant where any private concerns are outweighed by the overriding public interest in regulating the conduct at issue. Id.
With regard to the second and fourth factors, courts have found a wide range of issues sufficiently intimate to warrant a grant of anonymity. See, e.g., Roe v. Aware Woman Center for Choice, Inc., 253 F.3d 678, 685 (11th Cir. 2001) (abortion); Doe v. Evans, 202 F.R.D. 173, 176 (E.D. Pa. 2001) (sexual assault victim); WGA v. Priority Pharmacy, Inc., 184 F.R.D. 616, 617 (E.D. Mo. 1999) (status as AIDS patient); Doe v. United Services Life Ins. Co., 123 F.R.D. 437, 439 (S.D.N.Y. 1988) (sexual orientation). Among the subjects recognized to be so sensitive that disclosure would subject a plaintiff to a risk of humiliation, harassment or injury warranting anonymity is mental illness. See In re N.M., 325 B.R. 507, 507 n.1 (Bankr. W.D.N.Y. 2005); Smith, 105 F. Supp. 2d at 42-44; Doe v. Provident Life and Acc. Ins. Co., 176 F.R.D. 464, 468 (E.D. Pa. 1997); Anonymous v. Legal Services Corp. of San Diego, 932 F. Supp. 49, 50 (D.P.R.
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Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 5 of 8
1996); cf. Doe v. Gaughan, 808 F.2d 871 (1st Cir. 1986) (suit brought by mental patients); Doe v. Colautti, 592 F.2d 704 (3d Cir. 1979) (schizophrenic "Doe" plaintiff); Doe v. Harris, 495 F. Supp. 1161 (S.D.N.Y. 1980) (same).
Defendant questions the stigma attached to mental illness generally and the effect disclosure would have on Mr. Doe in particular. However, several courts have recognized real and legitimate concerns by those requesting anonymity to protect against disclosure of their mental illness. See In re N.M., 325 B.R. at 507 ("a stigma often attaches to even the suggestion of mental illness"); Smith, 189 F.R.D. at 243 (revelations regarding mental health constitute questions of deep intimacy and are likely to trigger social stigmatization); Provident Life, 176 F.R.D. at 467 (recognizing significant stigma attached to mental illness). Indeed, in recognizing a federal common law privilege protecting psychotherapist-patient communications, the Supreme Court has acknowledged both "the sensitive nature of the problems for which individuals consult psychotherapists" and the risk of "embarrassment or disgrace" from disclosure of counseling sessions. See Jaffee v. Redmond, 518 U.S. 1, 10 (1996).
In this case, the potential harm goes beyond social stigma. Although Mr. Doe did not submit an affidavit describing the injurious effect that disclosure of his identity would cause him, he has submitted evidence of the mental injury that he suffered from North Shore's disclosure of his mental health condition. After learning of the disclosure, Mr. Doe precipitously relapsed into a severe depression that lasted two months. 4/6/04 Doe Aff.
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Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 6 of 8
at ¶ 4; Mother's Statement at 2. During this time, Mr. Doe lacked the energy to leave his room and experienced sleeplessness for periods of several days at a time. 4/6/05 Doe Aff. at ¶ 4. As a result, Mr. Doe's doctor prescribed new medications and increased the dosages of other drugs. Id. at ¶ 5. Upon returning to work, Mr. Doe suffered from bouts of diarrhea, nausea, headaches and continued sleeplessness. See Mother's Statement at 2. Given Mr. Doe's precarious mental condition which was aggravated by the prior disclosure of his mental health condition, there is a significant risk that disclosure of his identity in this action could cause him substantial harm. Indeed, if Mr. Doe is required to reveal his identity in this action, he "will [further] sustain[] the injury which by this litigation [he] seeks to avoid." Roe v. Ingraham, 364 F. Supp. 536, 541 n.7 (S.D.N.Y. 1973) (decided by three-judge district court) (permitting patients to proceed by pseudonyms who brought suit to challenge the disclosure of their identity as patients).
Defendant attempts to counter these concerns by pointing to the fact that Mr. Doe did not shield his identity when he filed his EEOC charge of discrimination nor when he submitted his psychiatrist's report in conjunction with this motion. See Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Proceed Anonymously ("Def.'s Opp.") at 2, 6. However, as plaintiffs note, the EEOC would produce only redacted records in response to a Freedom of Information Act request for the charge of discrimination. See Plaintiffs' Reply Memorandum of Law in Support of Motion at 5-6; 5 U.S.C. § 552(b)(7). Moreover, in all
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Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 7 of 8
of plaintiffs' submissions, including Dr. Shah's report, Mr. Doe's name, his mother's name and his date of birth have been redacted.1 See Bernstein Aff., Exhs. 1-8.
On the other hand, North Shore's claims of prejudice are overblown. First, North Shore argues that allowing Mr. Doe to proceed anonymously would impose undue burdens on it in connection with discovery and trial preparation. However, North Shore does not identify how its ability to conduct discovery or impeach Mr. Doe's credibility has been impaired if he is permitted to remain anonymous in court papers. Other than the need to make redactions and take measures not to disclose Mr. Doe's identity, this Court does not see how defendant has been hampered or inconvenienced. Indeed, North Shore already knows Mr. Doe's true identity and "will have full discovery rights as the case progresses, and it will only be barred from using or disclosing the fruits of its discovery for purposes other than the defense of this action." United Servs., 123 F.R.D. at 439; see EW, 213 F.R.D. at 112 (no prejudice to defendant where it already knew plaintiff's name). North Shore may still obtain any documents, depose any witnesses and ask them any questions necessary to its defense without regard to shielding Mr. Doe's identity. See Smith, 105 F. Supp.2d at 45 (no prejudice to defendant). Moreover, the restrictions contained in this order only apply to the discovery period and may be reconsidered if this case goes to trial. See id.
1 The parties stipulated that any failure to redact Mr. Doe's identity contained in the exhibits to his motion was inadvertent. See ct doc. 23.
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Case 1:05-cv-02769-NGG-MDG Document 27 Filed 11/30/2005 Page 8 of 8

North Shore also argues that it would be unfair to allow Mr. Doe to maintain his anonymity while North Shore must defend itself from potentially negative publicity. However, North Shore does not point to any publicity concerning Mr. Doe's claim against North Shore, merely pointing to the EEOC's penchant for "using publicity to coerce defendants." Def.'s Opp. at 4 n.2, 14. Even assuming that anonymity increases plaintiffs' ability to communicate with the press outside the courthouse, the conduct of this litigation simply is not affected. See Doe v. Alexian Brothers Medical Center, No. 96 C 2042, 1996 U.S. Dist. LEXIS 5539, at *2 (N.D. Ill. Apr. 24, 1996) (plaintiff's press disclosures would not "influence the outcome of a trial, affect the defendant's rights or prejudice this case in any way").

CONCLUSION For the foregoing reasons, plaintiffs' motion to proceed anonymously is granted. Any objections to this order must be filed with the Clerk of the Court within ten days. Failure to file objections within the specified time waives the right to appeal. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). SO ORDERED.

Dated:

Brooklyn, New York November 30, 2005

/s/ MARILYN D. GO UNITED STATES MAGISTRATE JUDGE

-8-

 
 Case 1:05-cv-02769-NGG-MDG Document 32 Filed 01/10/2006 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - X
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
- against -
NORTH SHORE-LONG JEWISH HEALTH SYSTEM, INC.,
Defendant.
- - - - - - - - - - - - - - - - - - - X

ORDER CV 2005-2769 (NGG)(MDG)

By letter dated December 29, 2005. defendant moves to compel the John Doe intervenor plaintiff to provide releases for records concerning his treatment received from medical service providers for the past then years. After reviewing the submissions, the motion is granted to the extent that follows.

DISCUSSION Rule 26(b)(1) of the Federal Rules of Civil Procedure permits parties to conduct discovery of "[r]elevant information ... [that] appears reasonably calculated to lead to the discovery of admissible evidence." Fed. R. Civ. P. 26(b)(1). As the Advisory Committee noted, "information that could be used to impeach a likely witness, although not otherwise relevant to the claims or defenses, might be properly discoverable.... [T]he determination whether such information is discoverable because it is relevant to the claims or defenses depends on the circumstances of the pending action." Fed. R. Civ. P. 26(b)(1) Advisory Committee Notes to 2000 Amendments. However, "[w]hile

Case 1:05-cv-02769-NGG-MDG Document 32 Filed 01/10/2006 Page 2 of 4
Rule 26(b)(1) still provides for broad discovery, courts should not grant discovery requests based on pure speculation that amount to nothing more than a 'fishing expedition' into actions or past wrongdoing not related to the alleged claims or defenses." Collens v. City of New York, 222 F.R.D. 249, 253 (S.D.N.Y. 2004).
Although this case concerns a claim of discrimination on the basis of a mental disability, this Court agrees with defendant that records of the John Doe plaintiff's physical condition may lead to discovery of admissible evidence. As discussed in this Court's order dated November 30, 2005, John Doe alleged that he suffered significant physical consequences as a result of disclosure of his mental condition, including diarrhea, headaches and sleeplessness. Records of medical treatment may yield information on the extent of these physical ailments. The records may also indicate other reasons for John Doe<s inability to work or other causes of his mental distress. See Sanchez v. U.S. Airways, Inc., 202 F.R.D. 131, 134 (D.N.J. 2001) (at discovery stage, records may lead to causes of stress unrelated to defendant's conduct); Cuoco v. U.S. Bureau of Prisons, 98 Civ. 9009, 2003 WL 1618530, at *3 (S.D.N.Y. March 27, 2003) (permitting discovery to ascertain whether plaintiff's distress was caused by other circumstances); Evanko v. Elec. Systems Assoc., Inc., No. 91 Civ. 2851, 1993 WL 14458, at *2 (S.D.N.Y. Jan. 8, 1993) (noting that "gynecological problems" may affect plaintiff's emotional state).
-2-

Case 1:05-cv-02769-NGG-MDG Document 32 Filed 01/10/2006 Page 3 of 4
However, the time periods for records sought by defendant is too long. Given that the claims arose in 2003, defendant's attempt to obtain records for ten years is overreaching. The releases should be limited to the period beginning 2002, one year before John Doe sought medical leave for treatment of his mental condition, to the present.
In addition, while this Court has no reason to doubt that plaintiffs' counsel have provided defendant all pertinent records of mental health treatment of John Doe that counsel has, this Court declines to limit defendant to the records provided by plaintiff. John Doe is required to provide authorizations for all the records of treatment for medical, mental and psychological condition from 2002 to the present.
This Court also grants defendant's request for leave to reexamine John Doe, but only if, after examination of records obtained, defendant<s counsel reasonably determines that a further deposition is necessary to inquire into information regarding new conditions or treatment contained in the records obtained that were not previously disclosed in discovery and that are relevant to the claims and defenses herein. However, if, after preliminary inquiry, it appears that the medical condition or treatment has no bearing to the claims or defenses in this case, defendant must promptly terminate the line of questioning.
Last, notwithstanding the fact that John Doe has placed his mental condition at issue and is proceeding under a pseudonym, he nonetheless may have privacy interests in the records to be obtained. Gill v. Defrank, No. 98 Civ. 7851, 2000 WL 270854 at
-3-

Case 1:05-cv-02769-NGG-MDG Document 32 Filed 01/10/2006 Page 4 of 4

*12 (W.D.N.Y. March 9, 2000), mod'd on other grounds, 2000 WL

897153 (July 6, 2000) (plaintiff claiming inability to work due

to certain specific medical restrictions did not waive right to

privacy for other conditions). The parties also suggest that

confidential information of non-parties may be contained in the

records. The parties should confer and promptly submit to this

Court a proposed protective order to address any privacy or

confidential concerns that may arise in this case.

SO ORDERED.

Dated:

Brooklyn, New York January 10, 2006

/s/___________________________ MARILYN D. GO UNITED STATES MAGISTRATE JUDGE

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 Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 1 of 12

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK.

-----------------------------------------------x
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

and JOHN DOE

Plaintiff, Intervenor,

- against-

NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC.,
Defendant. .......... ----- .. - _.... -- .. - .................... -~ .... -- ........... _.. --_ .. x

ECF CASE
CIVIL ACTION NO.: 05-CV-02769 (NGG) (MDG)

CONSENT DECREE This cause of action was initiated on JW1e 9, 2005, by the United States Equal Employment Opportunity Commission ("EEOC") alleging that North Shore-Long Island Jewish Health System, Inc. ("NS-LU") engaged in unlawful employment practices on the basis of disability in violation of Section 102 of Title I of the Americans with Disabilities Act of 1990 as amended, 42 U.S.C. §12112(d) et seq. ("ADA"). EEOC alleged that Defendant violated the ADA rights of Charging Party John Doe ("Doe'') by disclosing his confidential medical information in an unauthorized manner in the presence of his co-workers. NS-LU has denied EEOC's allegations, and this Consent Decree is not an admission of liability or wrong-doing. The Parties agree that it is in their mutual interests to fully resolve the matter without further litigation. In consideration of the mutual promises, agreements and consideration contained herein, EEOC and NS-LIJ do hereby stipulate and consent to the entry of this Decree as final and binding between the Parties and their successors or assigns.

Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 2 of 12

This Decree resolves all disability discrimination claims presented by EEOC's Complaint and Doe's Charge No. 160-2003-02356. This Decree in no way affects EEOC's right to process any future charges that may be filed against NS-LIJ, including a charge filed by a member of the Commission, in accordance with EEOC procedures, and to commence civil actions on any such charges. Nothing in this Decree shall be construed to preclude EEOC from bringing proceedings to enforce this Decree in the event that NS-LU fails to perform any of the promises and representations contained herein.
The Parties agree that this Court has jurisdiction over the subject matter of this action and the parties for the duration of this Decree, that venue is proper, and that all administrative prerequisites have been met. The Parties further agree that this Decree may be entered without Findings of Fact and Conclusious 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 FOLLOWS:
1. NS-LIJ and its agents agree not to discriminate agaiust any employee or applicant because of her or his disability, including, but not limited to, any unlawful disclosure of that individual's medical information. Additionally, NS-LIJ and its agents agree not to retaliate against any employee or applicant who makes, and/or cooperates with an investigation of, a complaint of discrimination. 2. NS-LIJ has agreed to pay a total of sixty-four thousand dollars ($64,000) inclusive of attorney's fees to Doe and his attorneys in settlement of (a) the claims asserted by EEOC in this action and (b) the claims asserted by Doe in his intervenor's complaint. .NS-LIJ shall confirm in writing to EEOC that such payment has been made.

NY:1169831vl

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 3 of 12
3. Within two (2) months of the date of entry of this Decree and each calendar year thereafter for the duration of this Decree, NS-LIJ will provide a one (I) hour antidiscrimination training for the following persons who work at Long Island Jewish Hospital, Schneider Children's Hospital, and the Zucker Hillside Hospital (the "Affected Hospitals"): I. An appropriate management representative for each department, to be identified by NS-LIJ and listed on Exhibit A hereto ("Department Administrators"); 2. the Security Department; and 3. Human Resources Labor Specialists. This live training is to be conducted by NS-LIJ's Office of Legal Affairs. This training should at a minimum cover the following: (a) a discussion of the Americans with Disabilities Act of 1990 ("ADA''), including, but not limited to the confidentiality of an employee's medical information; (b) examples of conduct prohibited under the ADA and NS-LIJ's antidiscrimination policies; (c) case studies covering a variety of scenarios and a question/answer session; and (d) a summary of the procedures and policies that NS-LIJ has instituted to prevent any violation of the ADA, including procedures regarding receiving, documenting and investigating claims of discrimination. NS-LIJ will forward to EEOC a simunary of the topics covered and a copy of the attendance sheet within ten (10) days of the completion of the training program. All Department Administrators of NS-LIJ's Affected Hospitals will convey the information learned from this training program and provide written materials distributed at the training to all management personnel who report to them. A letter verifying that such training has been conducted and who attended will be provided to EEOC on a quarterly basis according to the calendar year.

NY:1169831vl

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 4 of 12

4. Within one (I) month of the date of entryof this Decree and each calendar year thereafter for the duration of this Decree, NS-LU's Affected Hospitals will advise new employees of their right to confidentiality of his or her medical information consistent with Section 102 of the ADA during the existing Foundations training program. A letter verifying that this information has been conveyed during the Foundations training program will be provided to EEOC on a quarterly basis according to the calendar year. S. Within five (S) days of the entry of this Decree, NS-LU's Affected Hospitals shaIl post and maintain, in employee break areas and places where employee notices are posted, the notice of non-discrimination attached as Exhibit B. Within two (2) months of the entry of this Decree, NS-LU's Affected Hospitals will provide this notice to al1 administrators, supervisors and managers who receive electronic mail with instructions that they print thee-mail and notice and distribute them to their direct reports. 6. Within one (1) month of the entry of this Decree, NS-LU shall amend its nondiscrimination policy to include the following language: "Consistent with the Americans with Disabilities Act of 1990, the Health System does not tolerate any unlawful disclosure of an employee's confidential medical information that an employee provides in connection with a request for a reasonable accommodation. Additionally, the Health System does not tolerate any discrimination on the basis of disability or any retaliation for any complaint, or cooperation with an investigation of a complaint, of discrimination on the basis of disability," This policy will be provided to all employees on NS-LU's Intranet (in the event that NS-LU's human resources policies are generally available on it Intranet during the term of this Consent Decree) and incorporated in any subsequent reprinting ofNS-LU's Employee Handbook.

NY:1I69831vl

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 5 of 12
7. NS-LU's Affected Hospitals, through their Human Resources Department, will advise their employees who request a reasonable accommodation under the ADA in writing that the Affected Hospitals will maintain the confidentiality of such medical information as the employees may provide in connection with the request for a reasonable accommodation. This notification will be provided to such employees within five (5) days of the employees' request for reasonable accommodation and shall be in the form of the letter attached as Exhibit C. 8. Upon written notice by EEOC to NS-LU's in-house counsel, NS-LU shall make available all employees of the Affected Hospitals whom EEOC requests and identifies for purposes of verifying compliance with this Decree and shall permit a representative of EEOC to enter NS-LU's premises to conduct these interviews on five (5) business days of advance written notice by EEOC. NS-LIJ shall not discourage employees from participating in these interviews. 9. Each party shall bear its own attorney fees and costs incurred in this action. 10. This Decree constitutes the complete understanding between the Parties hereto. No other promises or agreements shall be binding unless agreed to in writing and signed by the Parties. No waiver, modification or amendment or any provision of the Consent Decree shall be effective unless made in writing, approved by all Parties to this Decree and approved by the Court or ordered by the Court.

NY:1169831vl

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 6 of 12

11. This Decree will remain in effect for a period of three (3) years from the date of entry of this Decree by the Court.

Dated: New York, New York
June 1ft, 2006

Dated: New York, New York

June

.2006

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ssman Regional Arney
By: .~ ~:b
Lisa Sirkin Supervisory Trial Attorney

EPSTEIN BECKER & GREEN, P.C.
BY~~?~
David O. Simon S 0108) A. Jonathan Trafimow (AT 4862) 250 Park Avenue New York, NY 10177-1211 (212) 351-3770 Attorneys for Defendant

Kam S. Wong (KW 7176) Senior Trial Attorney New York District Office 33 Whitehall Street, 5tl1 Floor New York, NY l0004c2112 (212) 336-3703

SO ORDERED:

/signed/
Hon.KNicholas G. Garaufis, U.S.D.1/'

Date:

~ " ;J.DO{P

NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM

BY.~ U o.J,¥h Gu.fiii
14=tyDrive Great Neck, NY 11202 (516) 465-8099

2 -

NY:1169831vl

.6-

Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 7 of 12

HOSPITAL LU
-:-
LIT
LlJ .
LU
LU
LU

DEPARTMENT

TITLE

Specialty Care - 5N, 5S, MSSUl&2

Director

Critical Care -ICUIPCU

Director

HSU, CCU - 6S, 7N, 7S

Director

Surgical Services - 9N, 9S, Director 8N,8S

Surgical Services - 9N, 9S, Director 8N,8S

Woman's Services

Director

LU

Education

LIT

Emergency

Director Director

LU

Interventional Cardiology Director

LU

Dietary

.

LU

Medical Library

Director Director

LU

PA Service

Director

LU

Pharmacy

-:-

LU

PT

Director Director

.

LIJ

Respiratory Therapy

Director

LU

HIM (Health Information. Director

Management)

LU

Housekeeping

Director

.

LU

Patient Placement

Director

LU

Quality Mgmt.

Director

LIJ

Anatomical Lab.

Manager

-

NY: I I52577vl

INDMDUAL Barbara Popkin, RN
Terry Pando, RN Marie Floredeliza; RN Elana Memoracion, RN Diana Simmons, RN
Joanne Newcombe, RN Barbara Callahan, RN Mia Scaramuzzino, RN Patricia Farrell, RN Joan Oxford Debra Rand Martin Morales James Abberton David Marcello Mike Karol Joanne Marino
Leon Vidal Catherine Exline Donna Dalton Claudine Alexis

Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 8 of 12

HOSPITAL LD
LD
LIJ LIJ LIJ
LD
LIJ LIJ LIJ LIJ LIJ
.
Schneider Schneider Schneider Schneider
Schneider Schneider Hillside Hillside Hillside

DEPARTMENT
Clinical Laboratory
Radiology
Safety & Security Telecommunications Medicine
.
OP Svc & Otolatyngology
Urology Neurology Surgery - General Surgery - Cardiothoracic OBS-GYN - Dept. Hospital Administration Access Services Nursing Administration Physical Medicine and Rehab Pediatrics Critical Care CT- Social Work Quality Management Resource Management Access Services

TITLE

INDIVIDUAL

Asst. Administrative Joyce Ann Musel-
Winn

Sr. Administrative Andreas Nicou Director

Director

Gerry Ryan

Director

Sig Stefansson

Administrative Director

June Scarlett

Administrative Director

Virginia Cudahy

Department Head Joan Cardell

Department Head Andrew Ashkenase

Department Head Joey Gregory

Department Head Laura McDonough

Director

Ron Sliwinski

Department Head Eric Chaikin

Department Head Patricia Abitabile

Department Head Carl Quinn

Department Head Bryan Maguire

Department Head Department Head Director Director Director

Steve Friedman Kathie Krieg Georgette Lozier Leslie Zeren Anne Ferguson

NY:JIS2577vl

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 9 of 12

HOSPITAL Hillside
Hillside Hillside Hillside Hillside Hillside Hillside Hillside Hillside. Hillside Hillside Hillside Hillside Hillside Hillside Hillside

DEPARTMENT

TITLE

INDIVIDUAL

Data Processin~edical Records

Director Health Information ·Management

Roslyn Stronger

Psychiatry - General

Senior Admin. Director I

Ann Handel

Psychiatry - Medical

Manager - Business Sheila Marks
II

Psych Day Treatment/Adult Manager, Adult Day TomArceri

Day

Hospital Program

Psychiatric Rehabilitation Director

Estelle Douglas

Director, Nrpsy. Rehab. Research

Judith Jaeger

Geriatric Psych Clinic

Assoc. Chairperson Blaine Greenwald - Hillside

Child Psychiatry

Director Psychiatric Carmel Foley Services

Adult Outpatient Clinic, Aftercare

Director Central Intake

Dennis Darvin

Evaluation Unit/Critical Care

Director Ilsychiatric Mark Russ Services

Medical Staff Admin.lResidency

Director

Bruce Levy

EducationfI'raining

NRSGAdministrationIKaufinan

Director Patient Care Services

Nancy Abbinanti

NRSG - Administration

Manager Patient Support

Virginia Ammirati

Pharmacy

Assistant Director Ken Sokol

Social Work Services

Assistant Director Arlene Cohen

Psychology Service

Assoc. Director Psych. Services

Gregory Hinrichsen

NY:t\S'lS17vl

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 10 of 12

HOSPITAL Hillside
Hillside
Hillside
Hillside
Hillside Hillside Hillside Hillside Hillside Hillside

DE~ARIMENT

TITLE

INDIVIDUAL

Child & Adolescent Day Hospital

Assistant Director, Sharon Conway Rehab. Act ChdlAd. Services

Housekeeping

Director, Environmental Services

Dale Amold

Maintenance

Assistant Director, Engineer and Maintenance

Gilbert Francisco

Day Training

Director, Psychiatric Bruce Glick Rehabilitation Program

Day Rehabilitation Alcohol Director, Substance John Cunningham

-Elmont

Abuse Program

Far Rockaway Treatment Director, Substance Alberto Barreto

Center

Abuse Program

Family Treatment Center Director, Substance Estelle Freilich Abuse Program

Family Consult (NCDDAA) Program Director Martin Moskowitz

Queens Support Living

Manager - Social Work

Peter Digilio

Nassau Support Living

Director, Residential Mike Stellman Services

NY: 11S2S77v]

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Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 11 of 12

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New York District Office

33 Whitehall Stree~ 5~ Floor

NewYo!l<, NY 10004-2112

(212) 336-3121

TTY (212)336-3622

NOTICE TO EMPLOYEES OF NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC.
This notice is being posted pursuant to an agreement between North Shore-Long Island Jewish Health System, Inc. ("NS-LlJ") and the United States Equal Employment Opportunity Commission ("EEOC").
Federal law prohibits discrimination against any individual because of his or her disability in any and all aspects ofthe employment relationship, such as pay, promotion, assignments, hours, and any other terms, conditions or privileges of employment. Federal law also prohibit the unlawful disclosure of an employee's confidential medical information.
Federal law also prohibits retaliation against any individual by an employer because the individual complains of discrimination, cooperates with the government's investigation of a charge of discrimination, participates as a witness or potential witness in litigation, or otherwise exercises his or her rights under the law.
Should you have any complaints of discrimination, you may contact the
Equal Employment Op~ortunity Commission 33 Whitehall Street, 11t Floor New York, New York 10004-2112 (212) 336-3620 (800) 669-4000
TIDS IS AN OFFICIAL NOTICE AND SHALL NOT BE DEFACED BY ANYONE. This notice must remain posted until three years from the date of posting and may not be altered, defaced or covered by any other material.

Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 12 of 12
[Letterhead .ofNS-LIJ's Affected H.ospitals] [Date]
[Name .of Empl.oyee] [Address] [Address] Dear [Mr. .or Ms.] [Last Name .ofEmpl.oyee]: We have received y.our request f.or a reasonable acc.omm.odati.on under the Americans with Disabilities Act .of 1990 ("ADA"). N.orth Sh.ore-L.ong Island Jewish Health Systems, Inc., including the Human Resources Department and y.our supervis.or(s), want t.o assure y.oU that we will treat as confidential any and all medical inf.ormation y.oU provide us in connecti.on with this request f.or a reas.onable acc.omm.odati.on, as c.onsistent with Secti.on 102 .of the ADA. This means that we will n.ot share y.our medical inf.ormati.on with any.one except as permitted by Secti.on 102 .of the ADA. Additi.onally, we enc.ourage y.oU t.o provide any and all medical inf.ormati.on related t.o this request to Human Res.ources rather than to y.our supervis.or. If y.oU have any questi.ons c.oncerning y.our right t.o c.onfidentiality .of y.our medical inf.ormati.on under the ADA, please feel free t.o c.ontact us.
Sincerely,
[Name] Human Res.ources Lab.or Specialist

 
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CLOSED, MEDSR
U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:05-cv-02769-NGG-MDG

Equal Employment Opportunity Commission v. North Shore-Long Jewish Health System, Inc Assigned to: Judge Nicholas G. Garaufis Referred to: Magistrate-Judge Marilyn D. Go Cause: 42:1201 Civil Rights (Disability)

Date Filed: 06/09/2005 Date Terminated: 07/18/2006 Jury Demand: Defendant Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Anne Grossman Equal Employment Opportunity Commission New York District Office 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

Judy A. Keenan U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, NY 10004-2112 212-336-3705 Fax: 212-336-3623 Email: judy.keenan@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kam Sau Wong Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3703 Fax: 212-336-3623 Email: kam.wong@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff John Doe
V. Defendant North Shore-Long Jewish Health System, Inc
Defendant Esq. Vivien B. Shelanski

Nora E. Curtin Equal Employment Opportunity Commission NY District Office 33 Whitehall Street 5th Floor New York, NY 10004 (212)336-3707 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jonathan A. Bernstein Levy Davis & Maher LLP 880 Third Avenue, Ninth Floor New York, NY 10022-4730 212-371-0033 Fax: 212-371-0463 Email: thefirm@levydavis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Jonathan Trafimow Epstein Becker & Green P.C. 250 Park Avenue 13th Floor New York, NY 10177-1211 (212) 351-4573 Fax: (212) 661-0989 Email: jtrafimow@ebglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Vivien B. Shelanski JAMS 45 Broadway 28th Floor New York, NY 10006 (212) 751-2700, Ext. 705 Fax: (212) 751-4099 Email: vshelanski@jamsadr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 06/09/2005 06/09/2005 06/21/2005 07/14/2005 08/02/2005 08/08/2005 08/09/2005 08/18/2005 08/23/2005 08/23/2005 08/25/2005 08/30/2005
09/15/2005 09/26/2005

#

Docket Text

1 COMPLAINT against North Shore-Long Jewish Health System, Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Davis, Kimberly) (Entered: 06/20/2005)
Summons Issued as to North Shore-Long Jewish Health System, Inc. (Davis, Kimberly) (Entered: 06/20/2005)
2 REQUEST FOR WAIVER of Service sent to Defendant on 06/21/2005 by Equal Employment Opportunity Commission. Waiver of Service due by 7/21/2005. (Keenan, Judy) (Entered: 06/21/2005)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. North Shore-Long Jewish Health System, Inc waiver sent on 6/21/2005, answer due 8/22/2005. (Keenan, Judy) (Entered: 07/14/2005)
4 MOTION to Intervene (Request for Pre-Motion Conference) by John Doe. (Attachments: # 1 # 2 # 3 # 4 # 5)(Bernstein, Jonathan) (Entered: 08/02/2005)
5 Letter from A. Jonathan Trafimow to Judge Nicholas G. Garaufis Regarding Jonathan A. Bernstein's August 2, 2005 Letter. (Trafimow, A.) (Entered: 08/08/2005)
6 RESPONSE to Motion re 4 MOTION to Intervene (Request for Pre-Motion Conference) Response filed by Equal Employment Opportunity Commission. (Keenan, Judy) (Entered: 08/09/2005)
7 NOTICE of Appearance by A. Jonathan Trafimow on behalf of North Shore-Long Jewish Health System, Inc (Trafimow, A.) (Entered: 08/18/2005)
8 DISCLOSURE of Interested Parties by North Shore-Long Jewish Health System, Inc.(Trafimow, A.) (Entered: 08/23/2005)
9 ANSWER to Complaint with Jury Demand and Notice of Defenses by North Shore-Long Jewish Health System, Inc.(Trafimow, A.) (Entered: 08/23/2005)
10 ORDER: Initial conference scheduled for Septemer 22, 2005 at 3:00 p.m. as per attached order.Ordered by Judge Marilyn D. Go on 8/25/2005. (DeVeaux, Yvonne) (Entered: 08/25/2005)
NOTICE : The conference originally scheduled for September 22, 2005 has been changed to September 23, 2005 at 10:30 a.m. All counsel should confirm with each other that all necessary participants are aware of this change. (DeVeaux, Yvonne) (Entered: 08/30/2005)
11 Letter from EEOC by Judy Keenan to Hon. Marilyn D. Go, U.S. Magistrate Judge Regarding Report on Status of Parties for Initial Conference. (Keenan, Judy) (Entered: 09/15/2005)
12 COMPLAINT against North Shore-Long Jewish Health System, Inc filing fee $ 250, receipt number 1477180, filed by John Doe.(Bernstein, Jonathan) (Entered: 09/26/2005)

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09/26/2005 09/26/2005 09/27/2005
10/06/2005 10/06/2005 10/06/2005 10/06/2005 10/14/2005 10/19/2005 10/19/2005 10/21/2005
10/25/2005

13 NOTICE of Appearance by Jonathan A. Bernstein on behalf of John Doe (Bernstein, Jonathan) (Entered: 09/26/2005)
14 CERTIFICATE OF SERVICE by John Doe re 12 Complaint (Bernstein, Jonathan) (Entered: 09/26/2005)
Minute Entry for initial conference held before Marilyn D. Go on 9/23/2005. Appearances by counsel of record. Counsel confirmed their agreement to permit intervention by the proposed intervenor. The "John Doe" complaint should be filed by 9/26/05. Further submissions in favor of the intervenor's application to proceed under a pseudonym must be filed by 10/7/05 and any opposition by 10/21/05. Schedule established pursuant to Fed. R. Civ. P. 16(b) as follows: (1) automatic disclosures with respect to the claims raised by the intervenor must be served by 10/26/05; (2) applications for leave to amend and/or join other parties must be served by n/a; (3) fact discovery must be completed by 1/20/06; (4) Any party intending to call an expert, other than in rebuttal, must give notice by 1/24/06 of the type of expert to be retained, areas of expertise and general subject matter of the expert's report. Settlement and the schedule for expert discovery and dispositive motions will be discussed at the next conference scheduled for Jan. 24, 2006 at 10:00 a.m. (DeVeaux, Yvonne) (Entered: 09/27/2005)
15 MOTION for Protective Order and to Proceed Anonymously by John Doe. (Bernstein, Jonathan) (Entered: 10/06/2005)
16 MOTION for Protective Order and to Proceed Anonymously by John Doe. (Attachments: # 1 Exhibit 11 Exhibits to Affirmation in Support of Motion)(Bernstein, Jonathan) (Entered: 10/06/2005)
17 MOTION for Protective Order and to Proceed Anonymously by John Doe. (Bernstein, Jonathan) (Entered: 10/06/2005)
18 CERTIFICATE OF SERVICE by John Doe re 15 MOTION for Protective Order and to Proceed Anonymously, 17 MOTION for Protective Order and to Proceed Anonymously, 16 MOTION for Protective Order and to Proceed Anonymously (Bernstein, Jonathan) (Entered: 10/06/2005)
19 ANSWER to Complaint , demand for a jury trial and notice of defenses by North Shore-Long Jewish Health System, Inc.(Trafimow, A.) (Entered: 10/14/2005)
20 NOTICE by John Doe re 16 MOTION for Protective Order and to Proceed Anonymously Notice of Renewed Filing (Bernstein, Jonathan) (Entered: 10/19/2005)
21 DOCUMENT REMOVED as per October 25, 2005 Order of Judge Nicholas G. Garaufis. Modified on 10/26/2005 (Lee, Tiffeny) (Entered: 10/19/2005)
22 RESPONSE to Motion re 15 MOTION for Protective Order and to Proceed Anonymously, 17 MOTION for Protective Order and to Proceed Anonymously, 16 MOTION for Protective Order and to Proceed Anonymously Opposition to Plaintiff-Intervenor's and Plaintiff's Joint Motion to Proceed Anonymously and for Protective Order filed by North Shore-Long Jewish Health System, Inc. (Trafimow, A.) (Entered: 10/21/2005)
23 STIPULATION re [21] Exhibit by John Doe. (Bernstein, Jonathan) (Entered: 10/25/2005)

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10/25/2005
10/26/2005 10/31/2005 11/08/2005 11/30/2005 12/02/2005 12/20/2005 12/29/2005 12/29/2005
01/04/2006
01/09/2006 01/10/2006

STIPULATION & ORDER re 23 Stipulation filed by John Doe. The Clerk of the Court is directed to remove from ECF the movant's papers filed on October 19, 2005 (Docket No. 21) in accordance with this Stipulation and Order. So Ordered by Judge Nicholas G. Garaufis on 10/25/05.(Meltzer, Nora) (Entered: 10/25/2005)
24 EXHIBIT 1-3 by John Doe.. Related document: 16 MOTION for Protective Order and to Proceed Anonymously filed by John Doe,. (Attachments: # 1 Exhibit 4-7# 2 Exhibit 8# 3 Exhibit 9-11)(Bernstein, Jonathan) (Entered: 10/26/2005)
25 REPLY to Response to Motion re 17 MOTION for Protective Order and to Proceed Anonymously, 15 MOTION for Protective Order and to Proceed Anonymously filed by John Doe. (Bernstein, Jonathan) (Entered: 10/31/2005)
26 ORDER REFERRING MOTION: 17, 16, 15 MOTION for Protective Order and to Proceed Anonymously filed by John Doe, Plaintiff-Intervenor. The motion is referred to Magistrate Judge Marilyn Go for decision. So Ordered by Judge Nicholas G. Garaufis on 11/8/05. (Meltzer, Nora) (Entered: 11/08/2005)
27 ORDER granting 15, 16, 17 Motion for Protective Order. Any objections to this order must be filed with the Clerk of the Court within ten days. Ordered by JudgeMarilyn D. Go on 11/30/05. (Proujansky, Josh) (Entered: 11/30/2005)
29 ORDER granting application of prlaintiff-intervenor to proceed anonymously and amending caption, see order. Ordered by Judge Marilyn D. Go on 11/30/2005. (Lee, Tiffeny) (Entered: 12/27/2005)
28 NOTICE of Appearance by Kam Sau Wong on behalf of Equal Employment Opportunity Commission (Wong, Kam) (Entered: 12/20/2005)
30 Joint MOTION for Extension of Time to Complete Discovery, MOTION to Compel by North Shore-Long Jewish Health System, Inc. (Trafimow, A.) (Entered: 12/29/2005)
ORDER granting 30 Motion for Extension of Time to Complete Discovery. Discovery is extended to 3/21/06. Opposition to the motion to compel must be filed by 1/9/06. The next conference is adjourned to March 27, 2006 at 10:00 a.m. Ordered by JudgeMarilyn D. Go on 12/29/05. (Go, Marilyn) (Entered: 12/29/2005)
Motions terminated: 4 MOTION to Intervene (Request for Pre-Motion Conference) filed by John Doe (See Docket # 13: NOTICE of Appearance by Jonathan A. Bernstein on behalf of John Doe entered 9/26/2005). Motion 4 terminated. So Ordered by Judge Nicholas G. Garaufis on 1/4/06. (Meltzer, Nora) (Entered: 01/04/2006)
31 RESPONSE in Opposition re 30 Joint MOTION for Extension of Time to Complete Discovery MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A,B, and C)(Wong, Kam) (Entered: 01/09/2006)
32 ORDER granting in part and denying in part 30 Motion to Compel. Ordered by JudgeMarilyn D. Go on 1/10/06. (Go, Marilyn) (Entered: 01/10/2006)

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01/24/2006 01/25/2006 01/25/2006 01/30/2006 03/01/2006
03/17/2006 03/23/2006 06/16/2006 06/29/2006 06/29/2006 07/10/2006

33 STIPULATION and Proposed Order to Designate this Case for Inclusion in the Court Annexed Mediation Program and to Extend the Time for the Parties to Identify Expert Witnesses by North Shore-Long Jewish Health System, Inc. (Trafimow, A.) (Entered: 01/24/2006)
ORDER approving 33 Stipulation filed by North Shore-Long Jewish Health System, Inc. to refer this Case to the Court Annexed Mediation Program and to Extend the Time for the Parties to Identify Expert Witnesses to 3/27/06. Ordered by Judge Marilyn D. Go on 1/25/06. (Go, Marilyn) (Entered: 01/25/2006)
34 ORDER REFERRING CASE to Mediation.Selection of Mediator due by 2/8/2006.Ordered by Judge Marilyn D. Go on 1/25/06. (DeVeaux, Yvonne) (Entered: 01/25/2006)
SELECTION OF MEDIATOR Vivien B. Shelanski rep by Vivien B. Shelanski selectedas Mediator. The first mediation session will take place on February 6, 2006. Report of Mediation due by 2/20/2006.(Lepp, Gerald) (Entered: 01/30/2006)
NOTICE: Judge Go has moved Chambers to Room 1214 S in the new wing of the Courthouse. Her courtroom is 11C, the telephone number for Chambers is 718-613-2550 and the fax number is 718-613-2555. Unless otherwise advised, the parties should first report to Chambers for any scheduled in-person conference. The parties should make an application for an adjournment if the mediation session is not held before the next scheduled conference date of March 27, 2006.(DeVeaux, Yvonne) (Entered: 03/01/2006)
35 STIPULATION by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Wong, Kam) (Entered: 03/17/2006)
ORDER re 35 Stipulation filed by Equal Employment Opportunity Commission. Discovery is extended to 6/30/06 and the next conference is adjourned to July 6, 2006 at 10:30 a.m. Ordered by Judge Marilyn D. Go on 3/23/06. (Go, Marilyn) (Entered: 03/23/2006)
NOTICE: Due to a change in Judge Go's schedule the conference originally scheduled for July 6, 2006 has been changed to July 20, 2006 at 2:30 p.m. All counsel should confirm with each other that all necessary participants are aware of this conference. (DeVeaux, Yvonne) (Entered: 06/16/2006)
36 SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A Department Administrators# 2 Exhibit Exhibit B Non-discrimination Notice# 3 Exhibit Exhibit C Employee Letter)(Wong, Kam) (Entered: 06/29/2006)
REPORT of Mediation: SETTLED, pending approval by Judge Garaufis (refer to document 36 filed on 6/29/06). Case removed from mediation. Attorney Questionnaires due by 7/14/2006. (Warren, Edward) (Entered: 06/30/2006)
37 Letter requesting the July 20, 2006 Conference to be cancelled by North Shore-Long Jewish Health System, Inc. (Attachments: # 1 Exhibit A)(Trafimow, A.) (Entered: 07/10/2006)

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07/10/2006 07/13/2006 07/13/2006 07/18/2006

ORDER re 37 Letter filed by North Shore-Long Jewish Health System, Inc. The conference scheduled for July 20, 2006 is cancelled. Ordered by Judge Marilyn D. Go on 07/10/06. (Proujansky, Josh) (Entered: 07/10/2006)
38 STIPULATION of Dismissal by North Shore-Long Jewish Health System, Inc. (Attachments: # 1 Exhibit Stipulation and Order of Partial Dismissal)(Trafimow, A.) (Entered: 07/13/2006)
39 Consent Decree; Ordered by Judge Nicholas G. Garaufis on 7/7/2006. (Lee, Tiffeny) (Entered: 07/13/2006)
ORDER re 38 Stipulation of Dismissal filed by North Shore-Long Jewish Health System, Inc. The proposed Stipulation and Order of Partial Dismissal is endorsed by the Court. So Ordered by Judge Nicholas G. Garaufis on 7/18/06. (Meltzer, Nora) (Entered: 07/18/2006)

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06/01/2007 10:21:41

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Description:

Docket Report

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1:05-cv-02769-NGG-MDG

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4

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