UNitED STAIE!B COURIS

IN THE UNITED STATES DISTRICT COURT SOUTHERN DiStRICT OF TEf'S

FOR THE SOUTHERN DISTRICT OF TEXAS

':IL.EDI

~

HOUSTON DIVISION

AUG 2 4 2006 ~

I

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

~g~~I,lJ,:UH.~,~;w~ el~~.:mCi!'.r~Um

Plaintiff,
v.
TH HEALTHCARE, LTD., d/b/a PARK PLAZA HOSPITAL
Defendant.

§

§

§

§ CML ACTION NO.

I

§

§ §

H-06"'273~

§

§ JURY TRIAL DEMANDED

i

COMPLAINT

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

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

basis of disability, and to provide appropriate relief to Dana Hayes and others -- including

Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne Louise Maurer, Maxine

Marion Wigley, and Kathleen Louise Wilson -- who were adversely affected by Defendant TH

Healthcare, Ltd.' s, unlawful practices. As alleged with greater particularity in paragraphs 9 -

16 below, TH Healthcare, Ltd. ("Tenet"), d/b/a Park Plaza Hospital, unlawfully discriminated

against Ms. Hays and other workers with mental retardation by causing their terminations as

contract workers at the hospital, thereby unlawfully interfering with their exercise and

enjoyment of rights guaranteed by the ADA, and then refusing to hire them on Defendant's

payroll because of their disabilities.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337,

1

1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Section 706(t)(1) and (3) of Title VII ofthe Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-5(t)(1) and (3), and pursuant to § 102 of the Civil Rights of Act of 1991,42 U.S.C. § 1981a.
2 . The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission" or "EEOC"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(t)(1) and (3). 4. Defendant TH Healthcare, Ltd. ("Tenet"), formerly known as Tenet Healthcare, Ltd., is a limited partnership registered in Texas. At all relevant times, Tenet has been doing business in the State of Texas and the city of Houston, and has continuously had at least 15 employees. Tenet may be served by serving its registered agent for service of process, C.T. Corporation System, 350 North St. Paul St., Dallas, Texas, 75201. 5. At all relevant times, Defendant Tenet has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) ofthe ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g)
2

and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Defendant Tenet has been a covered entity under Section 101 (2)
of the ADA, 42 U.S.C. § 12111(2). STATEMENT OF CLAIMS
7. More than thirty days prior to the institution of this lawsuit, Dana Marie Hayes filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Tenet. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least June 2004, Defendant Tenet has engaged in unlawful employment practices at Park Plaza Hospital in Houston, Texas, in violation of Sections 101 et. seq. of Title I of the ADA, 42 U.S.C. § 12101 et ~
9. Park Plaza Hospital and C.RI. Commercial Services were parties to a Services Agreement contact for C.RI. Commercial to provide patient transportation services, i.e., "patient transporters" or "patient escorts," for the hospital. CRI Commercial was affiliated with the Center for the Retarded, Inc. ("CRI"). Nearly half of the contract workers who staffed the patient transporter positions had been diagnosed with mental retardation or other developmental disabilities.
1o. Effective June 1, 2004, the contract between C.RI. Commercial and Park Plaza
Hospital was renewed for an additional term of one year. 11. In early June 2004, Park Plaza's contract liaison Matthew Daniel asked CRI how long
it would take if CRI had to replace its "special people." Eva Aguirre, the Director of CRI's Adult Training and Employment Services (the parent ofC.R.I. Commercial) asked Daniel ifhis use of the word "special" referred to the CRI workers with disabilities. Daniel responded affirmatively. Aguirre informed Daniel of her opinion that his implied request for CRI to terminate its disabled
3

employees was illegal and against CRI's mission. 12. By letter dated June 28,2004, President and Chief Executive Officer Lex A. Guinn
advised C.R.I. Commercial's Executive Director that Defendant was cancelling the Services Agreement, and that the cancellation would be effective August 1,2004. Guinn advised in that letter of Defendant's decision to "bring the Transportation Service inhouse and not outsource it to anther [sic] entity."
13. Guinn also indicated that although Defendant was giving 30 days' notice of the contract's cancellation pursuant to the terms ofthe agreement, Defendant would be "most agreeable and adaptable to" CRI's removing its contract workers prior to August 1.
14. Further, Daniel requested that Aguirre schedule the disabled workers to be off from July 27-29, 2004, when the Joint Accreditation Committee was expected to audit the hospital. Daniel reasoned that the hospital administrator did not want to risk any of the disabled workers saying anything "wrong" to an auditor.
15. When Defendant later hired the patient transporters "in-house," Defendant hired almost all the non-disabled workers who had been contract workers through C.R.!. Commercial. Defendant did not offer jobs to any of the developmentally disabled people who had been contract workers prior to Defendant's cancellation of the Services Agreement.
16. Tenet violated the ADA by causing the terminations of qualified individuals with disabilities, including Dana M. Hays, and by unlawfully interfering with their exercise and enjoyment of rights guaranteed by the ADA. Tenet also violated the ADA by failing to hire qualified individuals such as Ms. Hays because of their developmental disabilities.
17. The unlawful employment practices complained of in paragraphs 11-16 above were
4

intentional. 18. The unlawful employment practices complained of in paragraphs 11-16 above were
done with malice or with reckless indifference to the federally protected rights of qualified individuals with disabilities, including Dana Hays, Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Tenet, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in failing to accommodate impaired employees and firing them, and any other employment practice which discriminates on the basis of disability. B. Order Defendant Tenet to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Tenet to make whole the disabled workers it unlawfully caused to lose their jobs, including Dana Hays, Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to their reinstatement. D. Order Defendant Tenet to make whole the disabled workers it unlawfully failed to hire, including Dana Hays, Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne
5

Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to their instatement.
E. Order Defendant Tenet to make whole the disabled workers against whom it unlawfully discriminated -- including Dana Hays, Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson-by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 9-16 above, includingjob search expenses and any medical expenses incurred as a result of loss of participation in any employee benefit plan, in amounts to be determined at trial.
F. Order Defendant Tenet to make whole the disabled workers against whom it unlawfully discriminated -- including Dana Hays, Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson-by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 9-16 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
G. Order Defendant Tenet to pay punitive damages to Dana Hays, Roderick L. Baines, Annette Hill, Lillian "Renee" Howard, Anne Louise Maurer, Maxine Marion Wigley, Kathleen Louise Wilson, and any other disabled individuals against whom it unlawfully discriminated for Tenet's malicious and reckless conduct, as described in paragraphs 11-16 above, in amounts to be determined at trial.
6

H. Grant such further relief as the Court deems necessary and proper in the public

interest.

I.

Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W.
.,---------- Washington, D.C. 20507
Timothy M. B wne Senior Trial ttorney Attorney-i Charge Texas Ba 0.00793371 Southern Dist. of Texas No. 20023 Equal Employment Opportunity Commission 1919 Smith Street, 6th Floor Houston, Texas 77002 (713) 209-3395 (713) 209-3402 [facsimile]

7

OF COUNSEL: Jim Sacher Regional Attorney Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 6th Floor Houston, Texas 77002
8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

v.

§

§

TH HEALTHCARE, LTD., d/b/a

§

PARK PLAZA HOSPITAL and

§

TENET EMPLOYMENT, INC., f/k/a

§

TENET TEXAS EMPLOYMENT, INC.

§

Defendants.

§

CIVIL ACTION NO. H-06-2737 JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT

This is an action under Title I of the Americans with Disabilities Act of 1990 (“ADA”),

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

basis of disability, and to provide appropriate relief to Dana Hayes and others -- including

Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer, Maxine

Marion Wigley, and Kathleen Louise Wilson -- who were adversely affected by Defendants’

unlawful practices. As alleged with greater particularity in paragraphs 9 - 16 below, TH

Healthcare, Ltd., d/b/a Park Plaza Hospital, and Tenet Employment, Inc. (collectively “Tenet”),

unlawfully discriminated against Ms. Hays and other workers with mental retardation by

causing their terminations as contract workers at the hospital, thereby unlawfully interfering

with their exercise and enjoyment of rights guaranteed by the ADA, and then refusing to hire

them on Defendants’ payroll because of their disabilities. Further, Tenet failed to comply with

the applicable record-keeping regulations set forth in Section 107(a) of the ADA, 42 U.S.C. §

12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to

1

make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
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 107(a) of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to § 102 of the Civil Rights of Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission” or “EEOC”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. Defendant TH Healthcare, Ltd. (“Tenet Healthcare”), formerly known as Tenet Healthcare, Ltd., is a limited partnership registered in Texas. At all relevant times, Tenet Healthcare has been doing business in the State of Texas and the city of Houston, and has continuously had at least 15 employees. Tenet Healthcare has been served by serving its registered
2

agent for service of process, C.T. Corporation System, 350 North St. Paul St., Dallas, Texas, 75201.
5. At all relevant times, Defendant Tenet Healthcare has continuouslybeen an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
6. At all relevant times, Defendant Tenet Healthcare has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
7. Defendant Tenet Employment, Inc. (“Tenet Employment”), formerly known as Tenet Texas Employment, Inc., is a corporation registered in Texas. At all relevant times, Tenet Employment has been doing business in the State of Texas and the city of Houston, and has continuously had at least 15 employees. Tenet Employment may be served by serving its registered agent for service of process, C.T. Corporation System, 350 North St. Paul St., Dallas, Texas, 75201.
8. At all relevant times, Defendant Tenet Employment has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
9. At all relevant times, Defendant Tenet Employment has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Dana Marie Hayes filed a charge with the Commission alleging violations of Title I of the ADA by Tenet. All conditions
3

precedent to the institution of this lawsuit have been fulfilled. 11. Since at least June 2004, Tenet has engaged in unlawful employment practices at Park
Plaza Hospital in Houston, Texas, in violation of Sections 101 et. seq. of Title I of the ADA, 42 U.S.C. § 12101 et seq.
12. Park Plaza Hospital and C.R.I. Commercial Services were parties to a Services Agreement contact for C.R.I. Commercial to provide patient transportation services, i.e., “patient transporters” or “patient escorts,” for the hospital. CRI Commercial was affiliated with the Center for the Retarded, Inc. (“CRI”). Nearly half of the contract workers who staffed the patient transporter positions had been diagnosed with mental retardation or other developmental disabilities.
13. Effective June 1, 2004, the contract between C.R.I. Commercial and Park Plaza Hospital was renewed for an additional term of one year.
14. In early June 2004, Park Plaza’s contract liaison Matthew Daniel asked CRI how long it would take if CRI had to replace its “special people.” Eva Aguirre, the Director of CRI’s Adult Training and Employment Services (the parent of C.R.I. Commercial) asked Daniel if his use of the word “special” referred to the CRI workers with disabilities. Daniel responded affirmatively. Aguirre informed Daniel of her opinion that his implied request for CRI to terminate its disabled employees was illegal and against CRI’s mission.
15. By letter dated June 28, 2004, President and Chief Executive Officer Lex A. Guinn advised C.R.I. Commercial’s Executive Director that Tenet was canceling the Services Agreement, and that the cancellation would be effective August 1, 2004. Guinn advised in that letter of Tenet’s decision to “bring the Transportation Service inhouse and not outsource it to anther [sic] entity.”
16. Guinn also indicated that although Tenet was giving 30 days’ notice of the contract’s
4

cancellation pursuant to the terms of the agreement, Tenet would be “most agreeable and adaptable to” CRI’s removing its contract workers prior to August 1.
17. Further, Daniel requested that Aguirre schedule the disabled workers to be off from July 27-29, 2004, when the Joint Accreditation Committee was expected to audit the hospital. Daniel reasoned that the hospital administrator did not want to risk any of the disabled workers saying anything “wrong” to an auditor.
18. When Tenet later hired the patient transporters “in-house,” Tenet hired almost all the non-disabled workers who had been contract workers through C.R.I. Commercial. Tenet did not offer jobs to any of the developmentally disabled people who had been contract workers prior to the cancellation of the Services Agreement.
19. Since at least July 2004, Tenet has failed, in violation of Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
20. Tenet violated the ADA by causing the terminations of qualified individuals with disabilities, including Dana M. Hays, and by unlawfully interfering with their exercise and enjoyment of rights guaranteed by the ADA. Tenet also violated the ADA by failing to hire qualified individuals such as Ms. Hays because of their developmental disabilities.
21. The unlawful employment practices complained of in paragraphs 11-20 above were intentional.
22. The unlawful employment practices complained of in paragraphs 11-20 above were done with malice or with reckless indifference to the federally protected rights of qualified
5

individuals with disabilities, including Dana Hays, Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Tenet Healthcare and Tenet Employment, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in failing to accommodate impaired employees and firing them, and any other employment practice which discriminates on the basis of disability. B. Order Tenet to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of their past and present unlawful employment practices. C. Order Tenet to make whole the disabled workers it unlawfully caused to lose their jobs, including Dana Hays, Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to their instatement/reinstatement. D. Order Tenet to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(c), relevant to the determination of whether unlawful employment practices have been or are being committed. E. Order Tenet to make whole the disabled workers it unlawfullyfailed to hire, including Dana Hays, Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer,
6

Maxine Marion Wigley, and Kathleen Louise Wilson, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to their instatement.
F. Order Tenet to make whole the disabled workers against whom it unlawfully discriminated -- including Dana Hays, Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson -- by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 11-18 above, including job search expenses and any medical expenses incurred as a result of loss of participation in any employee benefit plan, in amounts to be determined at trial.
G. Order Tenet to make whole the disabled workers against whom it unlawfully discriminated -- including Dana Hays, Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer, Maxine Marion Wigley, and Kathleen Louise Wilson -- by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 12-18 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
H. Order Tenet to pay punitive damages to Dana Hays, Roderick L. Baines, Annette Hill, Lillian “Renee” Howard, Anne Louise Maurer, Maxine Marion Wigley, Kathleen Louise Wilson, and any other disabled individuals against whom it unlawfully discriminated for Tenet’s malicious and reckless conduct, as described in paragraphs 14-18 above, in amounts to be determined at trial.
7

I. Grant such further relief as the Court deems necessary and proper in the public
interest.
J. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
/s/ Timothy M. Bowne Timothy M. Bowne Senior Trial Attorney Attorney-in-Charge Texas Bar No. 00793371 Southern Dist. of Texas No. 20023 Equal Employment Opportunity Commission 1919 Smith Street, 6th Floor Houston, Texas 77002 (713) 209-3395 (713) 209-3402 [facsimile]
8

OF COUNSEL: Jim Sacher Regional Attorney Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 6th Floor Houston, Texas 77002
9

 
 - ------------

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOVMENT OPPORTUNITV §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

TENET EMPLOVMENT,INC., f/kla

§

TENET TEXAS EMPLOYMENT,INC. §

§

Defendant.

§

CIVIL ACTION NO. 4:06-cv-02737 JURY TRIAL

CONSENT DECREE

The Equal Employment Opportunity Commission ("Commission" or "EEOC") has

aJleged that Defendant Tenet Employment, Inc. ("Tenet"), violated Title I of the Americans with

Disabilities Act of 1990 ("ADA"). EEOC has asserted that Tenet discriminated against workers

with mental retardation by causing their terminations as contract workers al the hospital, thereby

unlawfully interfering with their exercise and enjoyment of rights guaranteed by the ADA.

EEOC also has claimed that Tenet, when subsequently hiring patient transporters on Tenet's

payroll, Wllawfully refused to hire qualified workers with disabilities because of their disabili ties.

Tenet has denied the EEOC's allegations. Th e partles by thi s Consent Decree have

agreed to compromise and settl e disputed claims.

Now, therefore, the parties sti pul ate to th e j uri sdiction of the Court and waive a hearing

and the entry of fin dings of fact and conclusions of law.

It is therefore ORD ERED that:

I. Thi s Consent Decree is entered in full and complete settlement of any and all

claims arising out of or contained in EEOC Charge No. 330-2004-05670, and this lawsuit, Civil

Action No. 4:06-cv-02737. The entry of this Decree does not deprive EEOC or any state fair

employment practices agency from investigating any other pending or future ADA claim against

Tenet. This Decree shall be applicable only to Park Plaza Hospital.

2. Tenet shal l not retaliate against any individual who has provided testimony or

evidence related to this lawsuit or to the investigation of EEOC Charge No. 330-2004-05670.

3. Supervisol)' personnel with hiring or firing authority at Park Plaza, as shown by

the list of titles provided to the EEOC contemporaneously with the submission of this Decree,

shall receive training in ADA compliance within sixty (60) days after entl)' of this Decree, and

once more during the duration of this Decree. The training wi ll be conducted by either an

attorney or an experienced training person or group not located at Park Plaza Hospital.

..... 4.

.. Tenet shall submit to the counsel of record for EEOC for each training program,
"

at least twenty (20) days in advance of the program, the name of the program provider and a

curriculum outline indicating the information to be addressed during the program, as well as

copies of all agendas and materials to be distributed at the training seminar. If EEOC objects to

any of the materials it shall notify Park Plaza and the parties will work in good faith to resolve

any difference. The person who shall administer the training will be either attomey(s) or

person(s) possessing at least five years of experience in the application oflabor and employment

law. Wrinen acknowledgment of receipt of the training shall be obtained by Tenet from all

individuals attending the training and retained among the employment records of Tenet, and

copies shall be forwarded to the EEOC's counsel of record within ten (10) days of the

completion of the training.

5. The training provided for by thi s Consent Decree will ensure that the following

2

topics are reviewed:

a.

Provide clear definitions and examples of prohibited disability

discrimination and retaliation;

b. Provide for substantiaJ discipline for incidents of disability discrimination

and/or retal iation;

c.

Provide for the acceptance of disabili ty discrimination and/or retaJiation

complaints, whether in writing or oraJly, by any current or former

employees or applicants for employment;

d. Provide for a full and effective investigation of all complaints as well as

appropriate remedies for handling complaints, up to and incl uding

terminati on; and

e. Acknowledge Tenet 's ADA responsibility to reasonably accommodate

mentally chall enged individuals who apply for employment and/or are

empl oyed by Tenet.

6. Tenet agrees that within ten (10) days after entry of this Decree it will

conspicuously post the attached notice (Exhibit "A") in an area of Park Plaza hospitaJ accessible

to aJl empl oyees for a peri od oflwo (2) years from the date the Decree is signed.

7. Tenet agrees to pay the totaJ sum of ONE HUN DRED TWENTY-TWO

THO USAN D FIVE HUNDRED DOLLARS ($122,500.00) in full and final settlement of the

Commission 's lawsuit. Within fourteen (14) caJendar days of entry of the Consent ,Decree, the
Commission shall notify Tenet of the sum to be paid to Charging Party and to each of the class

members who will receive a portion of the settlement proceeds, and the address of each person

who will receive a portion of the settlement proceeds; at the election of Charging Party and each

3

classmember, payment may be made to a special needs trust or a pooled trust rather than directly to the Charging Party or classmembers. Within forty-five (45) calendar days of the entry of this Decree, Tenet shall mail the checks to the recipients, at the addresses provided by the Commi ssion. A copy of the checks disbursed shall be mai led to the Commission' s counsel of record and to each class member's representative on the same day Tenet mai ls the checks to the recipients. It is agreed that $5,000.00 of each individual's payment shall be allocated 10 wages and the remainder to compensatory damages.
8. Tenet agrees that if Charging Party or any cl assmember applies fo r employment at Park Plaza hospita1 in the future, his or her appli cation will be considered fairly , in compliance with the ADA, in accordance with the availability of positi ons at the faci li ty and the qualifications of the applicant.
9. During the duration of this Consent Decree, Tenet shall maintain copies of all empl oyment applications submitted for positi ons at Park Pl aza hos pital. While this Consent Decree is in errect, the Commission may monitor Tenet ' s compliance with this provision by providing twenty (20) calendar days ' notice of its intent to inspect the retained appli cations. However, the Commission may not exercise this right more than two (2) times in any calendar year. Upon receipt of such notice, Tenet must provi de the Commission 's Houston District Office wi th copies of the requested applications, at the expense of Tenet. Th e document may be kept and produced in electronic formal.
10. Tenet shall appoint a liaison who is responsible for ensuring and reporting to the Commission Tenet's compliance with the terms of this Decree. The name of the liaison shall be provi ded to the Commission in writing within len (10) days of the entry of this Decree. The Commiss ion shall be notified of any change.
4

II. This Decree shall remain in effect for two (2) years from the date of entry. During the period that this Decree shall remain in effect, the Court shall retain jurisdiction to assure compl iance with this Decree and to permit entry of such further orders or modjfications as may be appropriate. The EEOC will send written notice to Tenet of any alleged breach, and provide Tenet at least ten (10) days for the opportunity to im'estigate and cure such breach. Should the parties be unable to resolve such a dispute after good faith attempts, and upon EEOC ' s assessment that Tenet has not cured any alleged breach, the EEOC is specificaJly authori zed to seek Court-ordered enforcement of this Decree in the event of a breach of any of the provi sions herein .
12. The parties shall bear their own costs and attorney ' s fees.

So ORDERED and SIGNED thisa2b't,$-Of Oc.A;h

, 2007.

,
KEITii~ISON UNITED STATES DISTRICT JUDGE

5

 
 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?755894590738908-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06-cv-02737

CLOSED

Equal Employment Opportunity Commission v. TH Healthcare, Ltd ("Tenet") Assigned to: Judge Keith P Ellison Cause: 28:451 Employment Discrimination

Date Filed: 08/24/2006 Date Terminated: 10/26/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Plaintiff
Equal Employment Opportunity Commission

represented by Timothy M Bowne EEOC 1919 Smith 6th Fl Houston, TX 77002 713-209-3395 Fax: 713-209-3402 Email: timothy.bowne@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
TH Healthcare, Ltd ("Tenet") doing business as Park Plaza Hospital

represented by Michael W Fox Ogletree Deakins et al 301 Congress Ave Ste 1250 Austin, TX 78701 512-344-4700 Fax: 512-344-4701 Email: michael.fox@odnss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael D. Mitchell Ogletree, Deakins, Nash, Smoak & Stewart 500 Dallas Street Suite 3000 Houston, TX 77002-4709 (713) 655-5756 Fax: (713) 655-0020 Email: michael.mitchell@odnss.com ATTORNEY TO BE NOTICED

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?755894590738908-L_3...

Date Filed 08/24/2006
08/24/2006 08/24/2006
08/28/2006 08/30/2006 09/18/2006 10/10/2006 10/20/2006 10/26/2006
10/26/2006 01/05/2007 04/09/2007
04/10/2007

#

Docket Text

1 COMPLAINT against TH Healthcare, Ltd ("Tenet") (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(smurdock, ) Additional attachment(s) added on 8/24/2006 (hlerma, ). Additional attachment(s) added on 8/24/2006 (hlerma, ). (Entered: 08/24/2006)
Summons Issued as to TH Healthcare, Ltd ("Tenet") , filed.(smurdock, ) (Entered: 08/24/2006)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/3/2006 at 03:00 PM in Room 8631 before Judge Keith P Ellison. ( Signed by Judge Keith P Ellison ) Parties notified. (smurdock, ) (Entered: 08/24/2006)
Fee waived re: 1 Complaint, , filed. (agould, ) (Entered: 08/28/2006)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 08/30/2006)
4 ANSWER to Complaint by TH Healthcare, Ltd ("Tenet"), filed.(Mitchell, Michael) (Entered: 09/18/2006)
5 SUMMONS Returned Executed. TH Healthcare, Ltd ("Tenet") served on 9/1/2006, answer due 9/21/2006, filed.(ypippin, ) (Entered: 10/11/2006)
6 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 10/20/2006)
7 SCHEDULING/DOCKET CONTROL ORDER: ETT: 3-5 Days. JURY. Joinder of Parties due by 1/16/2007; Pltf Expert Report due by 5/30/2007; Deft Expert Report due by 7/2/2007; Discovery due by 9/17/2007; Dispositive & Non-Dispositive Motion Filing due by 10/12/2007; Joint Pretrial Order due by 11/19/2007. Jury Trial set for 11/26/2007 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/26/2006)
8 ORDER CANCELLING INITIAL CONFERENCE. Initial Conference set for 11/3/2006 at 3:00 PM has now been CANCELED. Deadlines terminated.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/26/2006)
9 CERTIFICATE OF INTERESTED PARTIES, filed.(Fox, Michael) (Entered: 01/05/2007)
10 Unopposed MOTION to Amend 1 Complaint, by Equal Employment Opportunity Commission, filed.Motion Docket Date 4/30/2007. (Attachments: # 1 Complaint proposed First Amended Complaint# 2 Proposed Order)(Bowne, Timothy) (Entered: 04/09/2007)
11 Order GRANTING 10 Motion to Amend Complaint.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 04/10/2007)

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?755894590738908-L_3...

04/10/2007 04/13/2007 05/18/2007 07/16/2007 09/20/2007 09/21/2007
10/16/2007 10/24/2007
10/24/2007 10/26/2007

12 First Amended Complaint with Jury Demand against TH Healthcare, Ltd ("Tenet") filed by Equal Employment Opportunity Commission.(csonnier, ) (Entered: 04/10/2007)
Summons Issued as to Tenet Employment, Inc ("Tenet"), filed.(blacy, ) (Entered: 04/13/2007)
13 First AMENDED ANSWER to 12 Amended Complaint/Counterclaim/Crossclaim etc. by all defendants, filed. (Fox, Michael) (Entered: 05/18/2007)
14 RETURN of Service Subpoena In A Civil Case., filed.(blacy, ) (Entered: 07/16/2007)
15 Unopposed MOTION for Continuance by TH Healthcare, Ltd ("Tenet"), filed. Motion Docket Date 10/10/2007. (Miscovich, Jennifer) (Entered: 09/20/2007)
16 Order GRANTING 15 Unopposed Motion for Continuance. Discovery due by 11/16/2007; Dispositive Motion/Non-Dispositive Motion Filing due by 12/17/2007; Joint Pretrial Order & Motions In Limine due by 3/10/2008. Jury Trial set for 3/17/2008 at 08:30 AM in Courtroom 3A before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 09/21/2007)
17 SUBMISSION of Mediator Regarding Settlement by Nancy Huston, filed.(csonnier, ) (Entered: 10/16/2007)
18 Agreed MOTION for Entry of Order re: Entry of Consent Decree by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/13/2007. (Attachments: # 1 Proposed Order Proposed Consent Decree# 2 Exhibit Notice (Exhibit A to Consent Decree))(Bowne, Timothy) (Entered: 10/24/2007)
19 STIPULATION of Dismissal of Party Defendant by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 10/24/2007)
20 CONSENT DECREE.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/29/2007)

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