-- Case 2:03-cv-00343-TJW Document 1 Filed 09/30/2003 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

NEXION HEALTH, INC. D/B/A

}

MOUNT PLEASANT HEALTHCARE

}

CENTER

}

}

}

Defendant.

}

}

}

-------------------------------}

N0d u S' CIVIL ACTION

3t I' () 3 Cf

TCjvV

COMPLAINT

JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to

provide appropriate reliefto Chentosha Q. Nixon who was adversely transferred by Defendant based

on her sex, female, because of her pregnancy.

JURISDICTION AND VENUE

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

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofthe Civil

Rights Act of1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1), (3) and Section 102 ofthe

Civil Rights Act of 1991,42 U.S.c. Sec. 1981a.

I

Case 2:03-cv-00343-TJW Document 1 Filed 09/30/2003 Page 2 of 5

2. The employment practice alleged to be unlawful was committed within the jurisdiction of the United States District Court for the Eastern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant Nexion Health, Inc. d/b/a Mount Pleasant Healthcare Center has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Nexion Health, Inc. d/b/a Mount Pleasant Healthcare Center has continuously been an employer engaged in an industry affecting commerce under Section 70 1(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Chentosha Q. Nixon filed a charge with the Commission alleging a violation of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment ofChentosha Q. Nixon, the Defendant engaged in unlawful employment practices in violation of §703(a)(I) and §701(k) ofTitle VII, 42 U.S.c. § 2000e-2(a)(I) and §2000e(k), by adversely transferring her from a full-time position to a part-time position because of her pregnancy.

COMPLAINT

2

-, Case 2:03-cv-00343-TJW Document 1 Filed 09/30/2003 Page 3 of 5

9. The result ofthe foregoing practice has been to deprive Chentosha Q. Nixon of equal employment opportunities because of her sex under Title VII.
10. The unlawful employment practice complained of in paragraph 7 above was intentional.
11. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of Chentosha Q. Nixon.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Nexion Health, Inc. d/b/a Mount Pleasant Healthcare Center, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of pregnancy. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for pregnant employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Chentosha Q. Nixon, by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary damages, compensatory damages, including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Chentosha Q. Nixon whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described

COMPLAINT

3

Case 2:03-cv-00343-TJW Document 1 Filed 09/30/2003 Page 4 of 5
in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Chentosha Q. Nixon punitive damages for its malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.

COMPLAINT

4

Case 2:03-cv-00343-TJW Document 1 Filed 09/30/2003 Page 5 of 5
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
:Jv~U;~ ROBE T A. CANINO Regional Attorney Oklahoma State Bar No. 011782
~?J.~ TOBY:COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720 ~/ DEVIKAS:UBEY Senior Trial Attorn y Hawaii State Bar No. 5599
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3330 (214) 655-3441 FAX

COMPLAINT

5

 
 Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

NEXION HEALTH, INC. D/B/A

}

MOUNT PLEASANT HEALTHCARE

}

CENTEK

}

}

}

Defendant.

}

}

}

~--------------------------}

CONSENT DECREE

CIVIL ACTION NO. 2:03-CV-343

This Consent Decree is made and entered into between the Plaintiff, the Equal

Employment Opportunity Commission ("EEOC"), and the Defendant, Nexion Health, Inc. d/b/a

Mount Pleasant Healthcare Center (hereinafter collectively referred to as "the parties").

On September 30, 2003, the Equal Employment opportun~' Commission instituted a

1:: ~ ~ AU r.l["lfN )
lawsuit in the United States District Court for the.V :I 1 Dist ct of Texas,

'I¢ A..! IIA LL
Division,

Civil Action Nwnber 2:03-CV-343 against Defendant, alleging that the Defendant violated Title

VII of the Civil Rights Act of 1964 (Title VII) when it transferred Chentosha Nixon from a full-

time position to a part-time position because of her pregnancy.

The parties hereto desire to compromise and settle the differences embodied in the

aforementioned lawsuit, and intend that the terms and conditions be set forth in this Consent

Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 2 of 7
Decree. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth
herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the court finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that:
I. This Court has jurisdiction to enforce the provisions set forth in this Consent Decree.
2. This Consent Decree resolves all issues, including all like and related issues, raised in EEOC Charge Number 310 A3 00256. This Decree further resolves all issues in the Complaint filed by the Commission in this civil action. The Commission does not waive processing or litigating charges or cases other than the above referenced charges and Complaint. It is understood that this Consent Decree does not constitute an admission by Defendant of any violation of Title VII of the Civil Rights Act of 1964, as amended.
3. Defendant agrees not to discriminate on the basis of pregnancy with respect to recruitment, hiring, termination, or any other employment action, and Defendant further agrees not to retaliate in any way against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge, giving testimony, or assisting or participating in any manner in any investigation, proceeding or hearing.
4. Defendant agrees to post the Notice appended hereto as Attachment "A" on the employee bulletin board at its Mount Pleasant Healthcare Center within 10 days
Consent Decree 2:03-CV-343

Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 3 of 7
after the entry of this Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within 30 days after posting the notice. 5. For each year that this Consent Decree is in effect, Defendant agrees to conduct annual training for all managers and supervisors of Defendant's Mount Pleasant, Texas, facility, advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for individuals who believe that they are being discriminated against by Nexion Health, Inc. The training will also include a specific discussion or instruction relating to the issue of pregnancy discrimination. The training shall be at least two (2) hours in duration. No less than 10 days before the training is conducted, Defendant agrees to give written notice to the EEOC as to the date and location of the training, the name and qualifications of the person providing the training and the substance of the training. All materials used in conjunction with the training shall be forwarded to the EEOC. Within 20 days following the training, Defendant shall submit to the EEOC confirmation that the training was condur.:ted, and a list of attendees. 6. Defendant agrees that, for the duration of this Consent Decree, it shall immediately report all complaints of pregnancy discrimination at its Mount Pleasant Healthcare Center to the EEOC's Dallas District Office. Defendant also agrees that it will, on a biannual basis, report to the EEOC the status of its receipts of pregnancy discrimination complaints from employees at its Mount Pleasant
Consent Decree 2:03-CV-343

Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 4 of 7
Healthcare Center, even if no such complaints have been received. 7. Defendant agrees to pay Chentosha Nixon the gross sum of $15,000.00 in full and
final settlement of the claim asserted in this dispute. This $15,000.00 represents damages under Title VII and the Civil Rights Act of 1991 for the claim asserted by the EEOC on behalf of Charging Party Chentosha Nixon. Payment shall be made in the form of cashier's check made out to "Chentosha Nixon". The check shall be mailed within 14 days after entry of this Consent Decree. 8. Defendant agrees to report to the EEOC within 30 days of entry of this Consent Decree regarding its compliance with the arrangements set forth in paragraphs 4 through 6, above. All reports to the EEOC required by this Decree shall be sent to Devika S. Dubey, Senior Trial Attorney, 207 S. Houston Street, 3'd Floor, Dallas, Texas 75202. 9. If Defendant fails to tender payment or otherwise fails to timely comply with the terms of paragraph 6 above, Defendant shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. § 6621(b) on any untimely or unpaid amounts; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
10. The parties agree to bear their own costs associated with this action, including attorney's fees.
1i. The Commission has the right to specifically enforce the terms of this Decree.
Consent Decree 2:03-CV-343

Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 5 of 7 Nothing in this Consent Decree can preclude further actions by the EEOC or any other person to remedy any other alleged violations of Title VII by Defendant.
12. The effective date of this Decree shall be the date upon which it is signed for approval by the Court.
13. The tenn of this Decree shall be for three (3) years from the effective date. The Court shall retain jurisdiction to enforce the tenns of this Decree until the expiration of the tenn of the Consent Decree.
Consent Decree 2:03-CV-343

Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 6 of 7

APPROVED AS TO FORM AND CONTENT:

FOR THE PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
Regional Attorney Oklahoma State Bar No. 011782
'=1~~ff~s~ Supervisory Trial Attorney Texas State Bar No. 04855720 ~ D~/7 Senior T"ial Attorney Hawaii State Bar No. 005599

FOR THE DEFENDANT, NEXION HEALTH, INC.
~ ,SQ.AL-TERRENCE B. ROBINSON Texas State Bar No. 17112900 NEEL & HOOPER, P.C. 1700 West Loop South, Suite 1400 Houston, Texas 77027

u!f;Of~ SO ORDERED, ADJUDGED AND DECREED this

2004.

Consent Decree 2:03-CV-343

Case 2:03-cv-00343-TJW Document 7 Filed 04/27/2004 Page 7 of 7
NOTICE AS REOUIRED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED This NOTICE to all employees of Nexion Health, Inc. is being posted as part of a Consent Decree between Nexion Health, Inc. and the United States Equal Employment Opportunity Commission. I. Federal Law requires that there be no discrimination against any employee or applicant for employment because of that person's pregnancy, race, color, religion, sex, national origin, age or disability with respect to hiring, compensation, promotion, discharge or other terms, conditions or privileges of employment. 2. Nexion Health, Inc. strongly supports and will comply with such Federal Law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the United States Equal Employment Opportunity Commission. 3. Employees, who believe they may have been discriminated against, may report violations to [designated company official/department/telephone number/extension] and/or the Dallas District Office of the United States Equal Employment Opportunity Commission, 207 South Houston Street, Third Floor, Dallas, Texas 75202 (214-253-2700). 4. Nexion Health, Inc. agrees that, for the duration of this Consent Decree, it shall immediately report all complaints of pregnancy discrimination at its Mount Pleasant Healthcare Center to the EEOC and it will, on a biannual basis, report to the EEOC the status of its receipts of pregnancy discrimination complaints from employees at its Mount Pleasant Healthcare Center, even if no such complaints have been received 5. This NOTICE will remain posted until March 1,2007, as provided in the Consent Decree.
Attachment "A"
Consent Decree 2:03-CV-343

 
 CM/ECF LIVE - U.S. District Court:txed - Docket Report

https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?215292323732352-L_9...

CLOSED, FRC, JURY
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Marshall) CIVIL DOCKET FOR CASE #: 2:03-cv-00343-TJW

EEOC v. Nexion Health Inc Assigned to: Judge T. John Ward Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
V. Defendant Nexion Health Inc doing business as Mount Pleasant Healthcare Center

Date Filed: 09/30/2003 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Toby W Costas Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 1214 253-2749 Email: toby.costas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Merrill Neel Neel Hooper & Banes 1700 West Loop South Suite 1400 Houston, TX 77027 713/629-1800 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence B Robinson Neel Hooper & Banes 1700 West Loop South Suite 1400 Houston, TX 77027 713/629-1800 Fax: 17136291812 Email: trobinson@neelhooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 3

5/29/2007 3:49 PM

CM/ECF LIVE - U.S. District Court:txed - Docket Report

https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?215292323732352-L_9...

Date Filed 09/30/2003 09/30/2003 09/30/2003 09/30/2003 10/02/2003 11/13/2003 11/13/2003 11/13/2003 11/14/2003 11/18/2003 02/09/2004 02/10/2004
02/27/2004 03/03/2004 04/27/2004
09/10/2004

#

Docket Text

1 Original Complaint with JURY DEMAND filed. Cause: 28:451 Employment Discrimination (poa) (Entered: 09/30/2003)
Summons(es) issued for Nexion Health Inc and mailed to attorney (poa) (Entered: 09/30/2003)
Magistrate consent forms mailed to EEOC (poa) (Entered: 09/30/2003)
Fee waived USA pla (poa) (Entered: 09/30/2003)
Corrected Summons(es) issued for Nexion Health Inc dba Mt Pleasant Healthcare Center & mld to pla's attorney (ktd) (Entered: 10/02/2003)
2 Answer to complaint by Nexion Health Inc (ktd) (Entered: 11/13/2003)
Magistrate consent forms mailed to Nexion Health Inc (ktd) (Entered: 11/13/2003)
3 Application by Nexion Health Inc for Terrence B Robinson to appear PHV (poa) (Entered: 11/18/2003)
PHV Filing Fee paid by atty Terrence Robinson; PHV FILING FEE $ 25.00 RECEIPT # 101791 (poa) (Entered: 11/18/2003)
4 Answer to original complaint by Nexion Health Inc (poa) (Entered: 11/18/2003)
5 NOTICE of Hearing: Scheduling Conference set for 3/1/04 3:15 PM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 02/12/2004)
6 ORDER/Notice of Scheduling Conference set for 3/1/2004 03:15 PM in Ctrm 106 (Marshall) before Judge T. John Ward.. Signed by Judge T. John Ward on 2/9/2004. (rvw, ) (Entered: 02/18/2004)
Case announced settled by letter received via fax on 2/27/04 to the Court from Terrence Robinson. (shd, ) (Entered: 03/01/2004)
Mail Returned as Undeliverable. Mail sent to James Merrill Neel (ktd, ) (Entered: 03/04/2004)
7 CONSENT JUDGMENT. This decree is made and entered into between the pla and the dft. The parties desire to compromise and settle the differences embodied in the aforementioned lawsuit. The parties agree to bear their own costs associated with this action, including atty fees. The term of this decree is 3 years from the effective date; the ct shall retain jurisdiction to enforce the terms of this decree until the expiration of the term of the Consent Decree.. Signed by Judge T. John Ward on 4/27/04. (ktd, ) (Entered: 04/27/2004)
Shipped to FRC on 8/18/04, Accession Number 021-04-0284, Location E-30-067-6-3, Box 8 of 10. (ch, ) (Entered: 09/10/2004)

PACER Service Center

2 of 3

5/29/2007 3:49 PM

CM/ECF LIVE - U.S. District Court:txed - Docket Report

https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?215292323732352-L_9...

Transaction Receipt

05/29/2007 15:50:09

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 2

Cost:

eeoc 2:03-cv-00343-TJW 0.16

3 of 3

5/29/2007 3:49 PM