Input:
2003 WL 23667815 (N.D.Ill.) (Cite as: 2003 WL 23667815)

Page 1

For Dockets See 1:03CV02360

United States District Court, N.D. Illinois. UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. NORWEGIAN AMERICAN HOSPITAL, Defendant.
No. 03C 2360. April 7, 2003.

Jury Demand

Complaint

Judge Zagel. Magistrate Judge Keys.

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U. S.C. § 1981a, to correct unlawful employment practices based on religion and to provide appropriate relief to Rashidah Abdullah (“Charging Party”) who was adversely affected by such practices. Defendant Norwegian American Hospital. (“Norwegian” or “Defendant”) discriminated against Rashidah Abdullah because of her religion, Islam, by maintaining a religiously hostile and offensive work environment, and subjecting her to different terms and conditions of employment. Defendant also retaliated against her for reporting the discrimination on the basis of her religion.

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 706(f)(1) and (3) and Section of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

4. At all relevant times, Defendant has been continuously doing business in the City of Chicago, State of Illinois, and has continuously had at least fifteen (15) em-

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

2003 WL 23667815 (N.D.Ill.) (Cite as: 2003 WL 23667815)

Page 2

ployees.
5. At all relevant times, Defendant has been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS
6. More than thirty (30) days prior to the institution of this lawsuit, Charging Party filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit against the Defendant have been fulfilled.
7. Since at least 2001, Defendant engaged in unlawful employment practices at its Chicago, Illinois facility, in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a). Such unlawful employment practices include, but are not limited to: A. Discriminating against Rashidah Abdullah because of her religion by subjecting her to harassment of a religious nature and creating and maintaining an abusive and hostile work environment. B. Subjecting Rashidah Abdullah to different terms and conditions of employment because of her religion. C. Retaliating against Rashidah Abdullah for reporting the discrimination on the basis of her religion.
8. The effect of the aforementioned practices of Defendant has been to deprive Rashidah Abdullah of equal employment opportunities and otherwise adversely affect her status as employee because of her religion.
9. The unlawful employment practices complained of in Paragraph seven (7) above were and are intentional.
10. The unlawful employment practices complained of in Paragraph seven (7) above were and are done with malice or with reckless indifference to the federally protected rights of Rashidah Abdullah.
PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court:
A. grant a permanent injunction enjoining Norwegian American Hospital, 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 religion or which constitutes religious harassment;
B. grant a permanent injunction enjoining Norwegian American Hospital, its officers, successors, assigns, and all persons in active concert or participation with them, from retaliating against any employee who opposes discrimination or participates in any inquiry into a complaint of discrimination;

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

2003 WL 23667815 (N.D.Ill.) (Cite as: 2003 WL 23667815)

Page 3

C. order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities regardless of religion and which eradicate the effects of its unlawful employment practices, including without limitation, retaliation;
D. order Defendant to make whole Rashidah Abdullah by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph seven (7) above, in amounts to be determined at trial;
E. order Defendant to make whole Rashidah Abdullah by providing appropriate back pay with pre-judgment interest, in an amount to be determined at trial;
F. order Defendant to make whole Rashidah Abdullah by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in Paragraph seven (7) above, including emotional pain, suffering, and humiliation, in an amount to be determined at trial;
G. order Defendant to pay to Rashidah Abdullah punitive damages for its malicious and reckless conduct, as described in Paragraph seven (7) above, in an amount to be determined at trial;
H. order Defendant and its successors to provide training to its officers, managers and employees regarding religious harassment and retaliation in the workplace;
I. grant such further relief as the Court deems necessary and proper in the public interest; and
J. award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by the Complaint.
Appendix not available.
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. NORWEGIAN AMERICAN HOSPITAL, Defendant. 2003 WL 23667815 (N.D.Ill.)
END OF DOCUMENT

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

 (3iS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
NORWEGIAN AMERICAN HOSPITAL, Defendant.

)

)

)

)

03 C 2360

)

)

Judge Zagel

)

)

Magistrate Judge Keys

)

)

)

CONSENT DECREE

Plaintiff, Equal Employment Opportunity Commission (hereafter the "EEOC"), filed this

action on April 7, 2003, alleging that Defendant Norwegian American Hospital (hereafter

"NAH"), discriminated against Charging Party Rashidah Abdullah in violation of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII) and § 102 of the

Civil Rights Act of 1991, 42 U.S.C. § 1981A, by discriminating against Abdullah because of her

religion, Islam, by subjecting her to harassment of a religious nature and creating and

maintaining an abusive and hostile work environment, by subjecting her to different terms and

conditions of employment because of her religion, and by retaliating against her for reporting

discrimination on the basis of her religion. NAH has filed an answer denying the allegations of

the EEOC's complaint, specifically denying that it discriminated against, harassed or retaliated

against Ms. Abdullah on the basis of her religion. As a result of the parties having engaged in

settlement discussions, the EEOC and NAH have agreed that this action should be finally

1

resolved by entry of this Consent Decree. This Consent Decree is intended to and does fully and finally resolve any and all claims arising out of the Complaint filed by the EEOC.
Findings Having examined the terms and provisions of this Consent Decree and based on the pleadings, records, and stipulations of the parties, this Court finds the following: A. This Court has jurisdiction over the subject matter of this action and over the parties. B. The terms and provisions of this Consent Decree are fair, adequate, equitable, and just. The rights of the parties are adequately protected by this Consent Decree. C. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation ofthe rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interest of the parties and the public. D. Neither party is conceding their positions nor are they making any admission as to liability or any disputed fact. Rather, both parties have agreed to this Consent Decree in order to resolve the parties' dispute and to end the cost offurtber litigation. NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination I. In all matters arising from or relating to employment, NAH, its officers agents, employees, successors, and assigns shall not discriminate on the basis of religion.
Non-Retaliation 2. NAH, its officers, agents, employees, successors, assigns and all persons acting in
2

concert with it shall not engage in any form of retaliation against any person because such person

has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under

Title VII, testified or participated in any manner in any investigation, proceeding, or hearing

under Title VII, or asserted any rights under this Decree.

Monetary Relief

3. NAH shall pay to Rashidah Abdullah the sum of $40,000. This sum, from which

no deductions will be made, is to satisfy EEOC's claim for compensatory damages with respect

to Abdullah and the Company will issue a Form 1099 to Abdullah. After the Consent Decree has

been entered and within thirty (30) days after Rashidah Abdullah has provided to NAH an

executed release approved by Ms. Abdullah's attorney, NAH shall send a check payable to

Rashidah Abdullah at the address provided by the EEOC. NAH shall also mail a copy of this

check to the EEOC within five (5) business days. Ms. Abdullah is responsible for paying her

own taxes.

Notice Posting

4. Within twenty (20) days after the Court's entry of this Consent Decree and for the

duration of this Decree, NAH shall continuously post the notice, attached hereto as Exhibit A, at

locations where employment law notices are posted. Within twenty (20) days after the Consent

Decree is entered NAH shall certify in writing to the EEOC's Chicago District Office that the

Notice has been posted, and shall inform the EEOC of the locations where it has been posted.

Record Keeping and Reporting

5. For the duration of this Consent Decree, NAH shall maintain records of any

complaints it receives regarding religious discrimination and any response or action taken with

3

respect to such complaints. Such records shall indicate the date the complaint was made, who made it, what was alleged, and what actions the Defendant took to resolve the matter. NAH shall maintain such records as required by this section for the duration of the Consent Decree.
6. NAH shall furnish to the EEOC written reports semi-annually for a period of eighteen (18) months following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due to the EEOC two (2) weeks prior to the date on which the Decree is to expire. Each such report shall contain a summary ofthe information recorded by NAH pursuant to Paragraph 5.
7. For the term of the Consent Decree and upon five (5) business days notice to NAH, the EEOC, if it believes NAH is not in compliance with the terms of this Consent Decree, shall have access to NAH facility to review and copy any documents and to interview any personnel employed by NAH for the purpose of determining NAH's compliance with the terms of this Consent Decree. In the event that the EEOC exercises its right to interview NAH personnel to determine compliance with the Consent Decree, NAH shall be permitted to have its management employees represented by counsel of its choice at all times during such interviews.
Training 8. Within sixty (60) days after entry of this Consent Decree, NAH shall arrange for an outside, independent organization, or outside counsel, to conduct training ofNAH's Human Resources Director, Vice President of Patient Services, and all certified midwives regarding religious discrimination and retaliation issues. NAH shall obtain the EEOC's approval of its proposed trainer(s) prior to the training session. NAH shall submit the name, address, telephone number, resume and training proposal of the proposed trainer(s) to the EEOC at least fifteen (15)
4

days prior to the proposed date(s) of the training. The EEOC shall have five (5) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer(s). In the event the EEOC does not approve NAH's designated trainer(s), NAH shall have five (5) calendar days to identity an alternate trainer(s). The EEOC shall have five (5) calendar days from the date of receipt ofthe information described above to accept or reject the alternate trainer(s). If the parties cannot through this process agree on a trainer(s), then they may seek the Court's assistance under paragraph 12.
9. Within five (5) days after the completion of the training described above, NAH will certity to the EEOC that the training has been completed, the name(s) of the person(s) conducting the training, the time(s), duration and date(s) the training was held and a list identitying by name and position all individuals who received the training.
Distribution of Policy Against Religious Discrimination 10. Within fourteen (14) working days after the entry of this Consent Decree, NAH shall distribute to all employees at NAH a policy against religious discrimination ("the Policy"). NAH shall also provide a copy of the Policy to the EEOC within five (5) business days after entry of this Decree.
Duration of DecreelRetention of Jurisdiction 11. The terms of this Consent Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of eighteen (18) months from the date on which this Consent Decree is entered.
Dispute Resolution 12. If the EEOC has reasonable cause to believe that NAH has violated any of the terms of this Consent Decree, the EEOC shall notity NAH in writing and NAH will then have ten (l0)
5

business days in which to satisfy the EEOC that there has not been a violation or that the violation has been corrected. If at the expiration of such time period, the dispute has not been resolved to the mutual satisfaction of the EEOC and NAH, then either party may immediately resort to the Court for a determination regarding whether or not any further action or reliefis required under the Consent Decree, and if so, to seek any appropriate relief.
Miscellaneous Provisions 13. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of NAH in their capacities as representatives, agents, directors and officers ofNAH. 14. NAH will provide Abdullah with a neutral letter of reference in a form agreed upon by the parties.
6

ENTERED AND APPROVED FOR:
For Plaintiffthe United States Equal Opportunity Commission
ERlC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMM ION

For Defendant Norwegian American Hospital
Hinshaw & Culbertson 222 N. La Salle Street, Suite 3000 Chicago, Illinois 6060 I-I 081 (312) 704-3001

Trial Attorney EQUAL EMPLOYMENT OPPORTtJNITY
COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9078
;jz Date: r/zOQ:f
7

EXHIBIT A
NOTICE TO ALL NORWEGIAN AMERICAN HOSPITAL EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Norwegian American Hospital, Inc., No. 03 C 2360 (N.D. 111.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Norwegian American Hospital, Inc. ("NAH")
In its suit, the EEOC alleged that NAH discriminated against a former employee on the basis of her religion by subjecting the former employee to religious harassment, by subjecting the employee to different terms and conditions of employment because of religion, and by retaliating against the employee for reporting the discrimination on the basis of her religion, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). NAH specifically denied that it discriminated against, harassed, or retaliated against the former employee on the basis of religion.
To resolve the case, NAH and the EEOC have agreed to the entry of the Consent Decree which provided, among other things, that: I) NAH will provide relief as provided in the consent decree to a former employee; 2) NAH will not discriminate on the basis of religion; 3) NAH will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge ofdiscrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and 4) NAH will train its employees as provided in the consent decree with respect to the laws prohibiting religious discrimination.
The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. Ifyou believe you have been discriminated against, you may contact the EEOC at (312) 353-8195. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED
This Notice must remain posted for 18 months from the date below and must not be altered, defaced or covered by any other material. Any qnestions about this Notice or compliance with its terms may be directed to: EEOC 500 West Madison Street, Suite 2800, Chicago, II' is 60661.
8

 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 1 of 4

KEYS, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-02360

EEOC v. Norwegian Amer Hosp Assigned to: Hon. James B. Zagel Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/07/2003 Date Terminated: 07/13/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Lauren G Dreilinger United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com TERMINATED: 12/10/2003

Richard John Mrizek U.S. Equal Employment Opportunity Commission 500 W. Madison Suite 2800 Chicago, IL 60661

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?413552663024253-L_353_0-1

5/16/2007

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 2 of 4

V. Defendant Norwegian-American Hospital

(312) 886-9078 Fax: (312) 353-8555 Email: richard.mrizek@eeoc.gov ATTORNEY TO BE NOTICED
represented by Tom H. Luetkemeyer Hinshaw & Culbertson LLP 222 North LaSalle Street Suite 300 Chicago, IL 60601 (312) 704-3000 Email: tluetkemeyer@hinshawlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Linda Kay Horras Hinshaw & Culbertson 222 North LaSalle Street Suite 300 Chicago, IL 60601-1081 (312) 704-3000 Email: lhorras@hinshawlaw.com ATTORNEY TO BE NOTICED

Date Filed 04/07/2003
05/22/2003 06/05/2003 06/05/2003 06/09/2003 09/19/2003 09/25/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Lauren G. Dreilinger, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 04/08/2003)

2 WAIVER of service of summons as to defendant sent on 4/21/03 (ntf) (Entered: 05/23/2003)

3 ATTORNEY APPEARANCE for defendant by Tom H. Luetkemeyer, Linda Kay Horras (ntf) (Entered: 06/06/2003)

4 ANSWER by defendant to complaint [1-1]. (ntf) (Entered: 06/06/2003)

5 WAIVER of service of summons as to defendant sent on 4/21/03 (ntf) (Entered: 06/10/2003)

7 MOTION by plaintiff to quash subpoenas ; Memorandum in support; (Attachments); Notice (ntf) (Entered: 10/06/2003)

6 RESPONSE by defendant to EEOC's motion to quash (Attachments). (ntf) (Entered: 09/25/2003)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?413552663024253-L_353_0-1

5/16/2007

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 3 of 4

09/30/2003 10/07/2003 10/14/2003 10/20/2003 11/05/2003 12/03/2003 12/10/2003
01/06/2004 02/03/2004 02/17/2004 03/16/2004 03/16/2004 03/23/2004
04/20/2004 04/30/2004

8 MINUTE ORDER of 9/30/03 by Hon. James B. Zagel : Status hearing set to 1/6/04 at 10:00 a.m. Plaintiff's motion to quash subpoenas is granted without prejudice [7-1]. No notice (ntf) (Entered: 10/06/2003)
9 MOTION by defendant for leave to amend affirmative defenses ; Notice (ntf) (Entered: 10/17/2003)
10 MINUTE ORDER of 10/14/03 by Hon. James B. Zagel : Defendant's motion for leave to amend affirmative defenses is granted [9-1]. Telephoned notice (ntf) (Entered: 10/17/2003)
11 ANSWER and amended affirmative defenses by defendant to complaint [1-1]; Notice. (ntf) (Entered: 10/21/2003)
12 ATTORNEY APPEARANCE for plaintiff by Richard John Mrizek; Notice. (ntf) (Entered: 11/06/2003)
13 WITHDRAWAL by plaintiff of appearance of Noell C. Brennan; Notice. (ntf) (Entered: 12/04/2003)
14 MINUTE ORDER of 12/10/03 by Hon. James B. Zagel: The appearance of Noelle C. Brennan is withdrawn on behalf of plaintiff. withdrawing attorney oelle Christine Brennan for EEOC Mailed notice (vmj) (Entered: 12/11/2003)
SCHEDULE set on 1/6/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 2/3/04 . No notice (drw) (Entered: 01/06/2004)
SCHEDULE set on 2/3/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 2/17/04 . Settlement offer made. No notice (drw) (Entered: 02/03/2004)
SCHEDULE set on 2/17/04 by Hon. James B. Zagel : Status hearing reset to 10:00 3/16/04 . No notice (drw) (Entered: 02/17/2004)
SCHEDULE set on 3/16/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 4/26/04 . This case is referred to Magistrate Judge Keys for settlement conference. No notice (tlp) (Entered: 03/16/2004)
15 REFERRAL ORDER: Case referred to Hon. Arlander Keys for settlement conference Mailed notice. (tlp) (Entered: 03/16/2004)
16 MINUTE ORDER of 3/23/04 by Hon. Arlander Keys : Settlement conference set for 5/7/04 at 10:00 a.m. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 05/03/04. Mailed notice (ntf) (Entered: 03/25/2004)
SCHEDULE set on 4/20/04 by Hon. James B. Zagel : Status hearing reset to 10:00 5/20/04 from 4/26/04. Mailed notice (drw) (Entered: 04/20/2004)
17 MINUTE ORDER of 4/30/04 by Hon. Arlander Keys : Settlement conference set for 05/07/04 at 10:00 a.m. is reset to 5/26/04 at 1:30 p.m.

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?413552663024253-L_353_0-1

5/16/2007

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

Page 4 of 4

05/19/2004 05/26/2004
06/14/2004 07/13/2004 07/13/2004 01/24/2005 01/24/2005

All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 05/21/04. Mailed notice (ntf) (Entered: 05/04/2004)
SCHEDULE set on 5/19/04 by Hon. James B. Zagel : Status hearing reset to 10:00 6/14/04 from 5-20-04. Telephone notice (drw) (Entered: 05/19/2004)
18 MINUTE ORDER of 5/26/04 by Hon. Arlander Keys : Settlement conference held. The case settled; the terms of which were stated on the record. The parties are scheduled for status before the district judge on 06/14/04. The settlement agreement will include a consent decree. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge Terminating the case referral to Hon. Arlander Keys . Mailed notice (ntf) (Entered: 06/02/2004)
SCHEDULE set on 6/14/04 by Hon. James B. Zagel : Status hearing reset to 10:00 7/14/04 . No notice (drw) (Entered: 06/14/2004)
SCHEDULE set on 7/13/04 by Hon. James B. Zagel : Status hearing set for 7-14-04 is stricken. Case is settled. Telephone notice (drw) (Entered: 07/13/2004)
19 MINUTE ORDER of 7/13/04 by Hon. James B. Zagel : This case is dismissed with prejudice and without costs by agreement terminating case . Mailed notice (ntf) (Entered: 07/21/2004)
20 MINUTE entry before Judge James B. Zagel: Enter consent decree. (ntf, ) (Entered: 02/02/2005)
21 CONSENT DECREE Signed by Judge James B. Zagel on 1/24/2005: (ntf, ) (Entered: 02/03/2005)

PACER Service Center
Transaction Receipt

PACER Login: Description: Billable Pages:

05/16/2007 09:40:45

hs0328

Client Code:

Docket Report Search Criteria:

2

Cost:

eeoc 1:03-cv-02360 0.16

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?413552663024253-L_353_0-1

5/16/2007

 EEOC SUES CHICAGO AREA HOSPITAL FOR POST-9/11 BACKLASH DISCRIMI... Page 1 of 2

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE April 7, 2003

CONTACT: Lauren G. Dreilinger EEOC Trial Attorney (312) 353-7303
TTY: (312) 353-2421
Noelle Brennan Supervisory Trial Attorney (312) 353-7582
John Hendrickson EEOC Regional Attorney (312) 353-8551

EEOC SUES CHICAGO AREA HOSPITAL FOR POST-9/11 BACKLASH DISCRIMINATION

Suit Says Supervisor of Muslim Worker Referred to Ramadan as 'Taliban'
CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today filed its fourth post9/11 backlash discrimination lawsuit against Norwegian American Hospital (Norwegian) for subjecting Charging Party Rashidah Abdullah to harassment, discriminatory discipline, retaliation, and termination because of her religion, Islam. According to the suit, filed under Title VII of the Civil Rights Act of 1964 in Federal District Court in Chicago, the religious discrimination and harassment began prior to September 11, 2001, but continued and intensified thereafter. Norwegian American Hospital is located on North Francisco Avenue in Chicago's Humboldt Park neighborhood and has more than 500 employees.
"Our nation's tradition of religious tolerance and our laws prohibiting discrimination and ensuring equal employment opportunity must be honored," said EEOC Chair Cari M. Dominguez. "Employers must remain vigilant in guarding against backlash discrimination directed at innocent individuals due to their religion, ethnicity, or country of origin - especially after the tragic events of September 11 and during this time of war."
EEOC's court-filed Complaint alleges that one of the hospital's managers created a religiously hostile work environment by treating Abdullah worse than other workers because of her religion and finally fired her, and that Norwegian endorsed the mistreatment. The EEOC said that its administrative investigation, which it conducted prior to filing suit, indicated that Abdullah's manager made offensive comments about her religion and religious beliefs, including referring to the Muslim holy observance of Ramadan as "Taliban." The EEOC also contends that Norwegian retaliated against Abdullah for complaining about the religious harassment and discriminatory treatment by intensifying the derogatory comments and unjustified disciplinary measures after the events of September 11, 2001.
John Hendrickson, EEOC's Regional Attorney in Chicago, said: "An employer that engages in unlawful discrimination suffers a self-inflicted wound. When that discrimination is followed by retaliation, as it was in this case, the employer compounds the injury. EEOC's vigilance in preventing and remedying religious discrimination in the workplace - whether the religion involved is Christianity, Judaism, Islam

http://www.eeoc.gov/press/4-7-03.html

5/16/2007

EEOC SUES CHICAGO AREA HOSPITAL FOR POST-9/11 BACKLASH DISCRIMI... Page 2 of 2
or any other- has not and will not falter."
John Rowe, Director of the EEOC's Chicago District Office, add: "As the President and the federal government have repeatedly made clear since 9/11, any on-the-job backlash against our Muslim neighbors is unacceptable and will not be tolerated."
The lawsuit, which was filed after the EEOC's efforts to voluntarily conciliate the matter with the hospital proved unavailing, seeks monetary relief in the form of back pay and compensatory and punitive damages, an order requiring the company to implement measures to prevent a recurrence, and a permanent injunction against future discrimination and retaliation. The suit, which was filed in the Eastern Division of the U.S. District Court for the Northern District of Illinois and captioned Equal Employment Opportunity Commission v. Norwegian American Hospital, has been assigned to District Judge Zagel and designated case number 03 C 2360. The case is the EEOC's fourth lawsuit alleging backlash discrimination against employees related to the events of September 11, 2001.
Lauren Dreilinger, Chicago Trial Attorney who will lead the EEOC litigation, said: "Ms. Abdullah's supervisor made disparaging comments about her religion, including linking her faith to the Taliban, the former regime in Afghanistan, and stated that if she was unhappy with her treatment that she should leave the country. Such jibes and put downs have no place at work under any circumstances. Moreover, the harassment was especially egregious here because Abdullah's family has lived in the United States for generations."
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin, the EEOC enforces Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments; the Age Discrimination in Employment Act, which protects individuals who are 40 years of age or older; the Equal Pay Act; the Rehabilitation Act of 1973's prohibitions against discrimination affecting individuals with disabilities in the federal sector; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site atwww.eeoc.gov.
This page was last modified on April 7, 2003.
Return to Home Page

http://www.eeoc.gov/press/4-7-03.html

5/16/2007

Output:
In April 2003, the EEOC's Chicago District Office brought this suit against Norwegian American Hospital in the U.S. District Court for the Northern District of Illinois alleging violation of Title VII of the Civil Rights Act of 1964.  The complaint alleged that the defendant subjected the charging party, a female employee, to a hostile work environment because of her religion, Islam, by making offensive religious comments to her and subjecting her to different terms and conditions of employment.  In addition, the defendant retaliated against the charging party for reporting the religious discrimination.  The parties began negotiating a settlement in February 2004 and reached a final agreement in January 2005.

Under the terms of the eighteen-month decree, which contained both non-discrimination and non-retaliation clauses, the defendant agreed to: pay the charging party $40,000; post an EEOC-provided notice; maintain records of all religious discrimination complaints; provide semi-annual written reports to the EEOC; provide Title VII training to the Human Resource Director, Vice President of Patient Services, and all certified midwives; and distribute an anti-discrimination policy regarding religious discrimination to all employees.


Input:
U.S. DISTRiCT COURT NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT CO RT

SEP~

FOR THE NORTHERN DISTRICT OF T S

ORIGINAL

DALLAS DIVISION

CLERK,U . .

COURT

< By ___.___~~+_-----

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SPRING VALLEY UNITED

)

METHODIST CHURCH

)

)

Defendant.

)

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

CIVIL ACTION NO.
3-06CV1785-R
COMPLAINT (JURY DEMANDED)

COMPLAINT This is an action under Title I ofthe Americans with Disabilities Act of 1990 to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Audrey Durante, who was adversely affected by such practices. The Equal Employment Opportunity Commission ("Commission") alleges that the Defendant, Spring Valley United Methodist Church, violated the Americans with Disabilities Act by terminating Ms. Durante from her positions as a Preschool Teacher and Nursery Worker based on her perceived disability.
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 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference §§706(t)(1),(3) and 707(a) of of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §2000e-5(t)(1),(3) and 2000e-6(a), and pursuant to §102 of the Civil Rights Act of 1991,

42 U.S.C.§1981A. 2. The employment policies and practices alleged to be unlawful were
committed within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, 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 §107(a) of the ADA, 42 U.S.c. § 12117(a), which incorporates by reference §§706(t)(1),(3) and 707(a) of Title VII, 42 U.S.C. §2000e-5(t)(1),(3) and 2000e-6(a). 4. At all relevant times, Defendant, Spring Valley United Methodist Church, 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 has continuously been an employer engaged in an industry affecting commerce under § 101(5) of the ADA, 42 U.S.C.§ 12111(5), and § 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference §§ 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(g) and (h). 6. At all relevant times, Defendant has been a covered entity under §101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than 30 days prior to the institution of this lawsuit, Audrey Durante filed a charge of discrimination with the Commission alleging violation of Title I of the ADA by the

COMPLAINT

2

Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. The Defendant, Spring Valley United Methodist Church, has engaged in unlawful
employment practices, in violation of § 102 of Title I ofthe ADA, 42 U.S.C. § 12112, by terminating Audrey Durante from her positions as a Preschool Teacher and Nursery worker or because Defendant regarded Ms. Durante as disabled, based on her hearing impairment.
9. The effect of the practices complained of in paragraph 8, above, has been to deprive Audrey Durante of equal employment opportunities and has otherwise adversely affected her status as an employee.
10. The unlawful policies and practices complained of in paragraph 8, above, were committed intentionally.
11. The unlawful policies and practices complained of in paragraph 8, above, were committed with malice or with reckless indifference to the federally protected rights of Audrey Durante.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction ensuring compliance with the ADA, and enjoining Defendant, Spring Valley United Methodist Church, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability or perceived disability. B. Order the Defendant to institute and carry out policies, practices and programs that provide equal employment opportunities for qualified individuals with disabilities and which eradicate the effects of the Defendant's past and present unlawful practices.

COMPLAINT

3

C. Order the Defendant to make whole Audrey Durante by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of the Defendant's unlawful employment practices, including but not limited to rightful place reinstatement of Ms. Durante and/or front pay.
D. Order the Defendant to make whole Audrey Durante by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including but not limited to emotional pain, suffering, inconvenience, humiliation, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Audrey Durante punitive damages for its malicious conduct or reckless indifference described in paragraph 8, 10, and 11 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

COMPLAINT

Respectfully submitted,
RONALD COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN REAMS Associate General Counsel
~~"ft±~ Regional Attorney Oklahoma State Bar No. 011782
ROBERT B. HARWIN Associate Regional Attorney District of Columbia Bar No. 076083
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555
Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2740 (214) 253-2749 (FAX)
5

~ 3/99~ I~11:\ JS 44 (Rev.

II-~ r)

~
ll:,

lfil",0n

Irss;

n \'/
U I!J

,~~~1

ICI

\

I
I

Il..;'

IVIL COVER SHEET

J The JS-44 civil coJ

et

~p ~I~tmlllm. ,,~, by I,w, ",,,,t,,

,d

cont

herein neither replace nor supplement the filing and service of pleadings or other papers as required

,ppmvod by tho Jodid,1 Conforen" ofth' Unitod St.." in S",tomb" 1974, i, ,,,,oi,'" fm tho

0" oftho Clock o,foO fu, tho p0'P0re ofiniti"i g tho civil do,kol 'hoot. (SEE INSTRUCnONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINT FFSCLERK, U.S. DISTRICT COURT
.... NORTHERN DISTRICT OF TEXAS
U. S. Equal Employment Opportunity CommissIOn

DEFENDANTS SPRING VALLEY UNITED METHODIST CHURCH

(b) County of Residence of First Listed Plaintilf
(EXCEPT IN U S PLAINTIFF CASES)
ORIGINAL
(c) Attorney's (Firm Name, Address, and Telephone Number)
Suzanne M. Anderson, Supervisory Tnal Attorney EEOC-Dallas District Office 207 South Houston St , 3n1 Floor Dallas, TX 75202 (214) 253-2746

County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)
NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED
Attorneys (If Known)
- 3-06 Cv 1 7 8 5 R

II. BASIS OF JURISDICTION (Place an "X" 10 One Box Only)

XI U.S. Government Plaintiff

03 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" 10 One Box for PlamtIff

(For Diversity Cases Only)

and One Box for Defendant)

CItizen of This State

PTF DEF 01 01

PTF DEF

o Incorporated or Principal Place

4 04

of Business In This State

02 U.S. Government

04 DiverSity

o Citizen of Another State 02 02 Incorporated and Pnnclpal Place 5 05

Defendant

(Indicate Citizenship of Parties

of Business In Another State

in Item III)

Citizen or Subject of a 03 03 Foreign Nation

o 6 06

Forei!!n Countrv

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance

PERSONAL INJURY

PERSONAL INJURY 0

0 120 Marine

0 310 AIrplane

0 362 Personal InJury- 0

0 130 MIller Act

0 315 AIrplane Product

Med MalpractIce 0

0 140 NegotIable Instrument

LIabIlIty

0 365 Personal Injury -

0 150 Recovery of Overpayment 0 320 Assault, Libel &

Product Liability

0

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0

0 151 MedIcare Act

0 330 Federal Employers'

Injury Product

0

0 152 Recovery of Defaulted

LiabIlIty

LiabIlIty

0

Student Loans

0 340 Marme

PERSONAL PROPERTY

(Excl Veterans)

0 345 Marme Product

0 370 Other Fraud

0

0 153 Recovery of Overpayment

LiabIlIty

0 371 Truth m Lendmg

of Veteran's Benefits 0 350 Motor VehIcle

0 380 Other Personal

0 160 Stockholdel s' SUIts 0 190 Other Conti act

0 355 Motor VehIcle Product LIabIlity

Property Damage 0 385 Property Damage

0

0 195 Contract Product LiabilIty 0 360 Other Personal Injury

Product LIabIlIty

0

REAL PROPERTY

CIVIL RIGHTS

0 210 Land Condenmation

0 441 Votmg

0 220 Foreclosure

X 442 Employment

0 230 Rent Lease & Ejectment 0 443 Housmg!

0 240 Torts to Land

AccommodatIons

0 245 Tort Product LiabIlIty 0 444 Welfare

0 290 All Other Real Property 0 440 Other OVII RIghts

PRISONER PETITIONS 0

0 510 MotIOns to Vacate

Sentence

0

Habeas Corpus'

0 530 General

0

0 535 Death Penalty

0 540 Mandamus & Other 0

0 550 CIVIl Rights

0 555 Pnson Cond!l!on

610 Agnculture 620 Other Food & Drug 625 Drug Related Seizure
of Property 21 USC 630 LIquor Laws 640 R R & Truck 650 Alrlme Regs 660 OccupatIOnal
SafetylHealth 690 Other

0122 Appeal 28 USC 158
0123 WIthdrawal 28 USC 157
PROPERTY RIGHTS
[B20 Copynghts [B30 Patent [B40 Trademark

LABOR

SOCIAL SECURITY

710 Fair Labor Standards [B61 HIA (I 395tl)

Act

[B62 Black Lung (923)

720 LaborlMgmt RelatIOns [B63 DIWCIDIWW (405(g)

[B64 SSID TIlle XVI

730 LaborlMgmt Reportmg [B65 RSI (405(g»

& DIsclosure Act 740 Railway Labor Act

FEDERAL TAX SUITS

790 Other Labor Llhgation

[870 Taxes (U S. PlamtIff or Defendant)

791 Empl Ret Inc Secunty Act

[871 IRS-Third Party 26 USC 7609

o 400 State ReapportlOrunent o 410 Antitrust o 430 Banks and Banking o 450 COIrunerce/lCC Rates/etc o 460 Deportation
D 470 Racketeer Influenced and
Corrupt OrganIzations
o 810 SelectIve SCMce o 850 Secuntles/Commodwesl
Exchange
o 875 Customer Challenge
12 USC 3410
o 891 Agncultural ACls o 892 Economic StablhzatlOn Act o 893 EnVIronmental Matters o 894 Energy AllocatIOn Act o 895 Freedom of
Information Act
o 900 Appeal of Fee
Determmatlon Under Equal
Access to JustIce
o 950 ConstitutlOnahty of
State Statutes
o 890 Other Statutory Actions

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

X I Original

o 2 Removed from

Proceeding

State Court

o 3 Remanded from
Appellate Court

Transferred from
o another district
4 Reinstated or 0 5 (specify)
Reopened

o 6 Multidistrict
Litigation

Appeal to District Judge from
o 7 Magistrate Judgment

CAUSE OF ACTION (CIte the U S CMI Statute under which you are filmg and wnte bnefstatement of cause

VI.

Do not cIte JurtsdlCtlOnal statules unless dIverSIty )

Spring Valley United Methodist Church violated the Americans with Disabilities Act by terminating Audrey Durante from her position as a

Preschool Teacher and Nursery Worker based on her perceived disability

VII. REQUESTED IN

D CHECK IF THIS IS A CLASS ACTION

DEMAND $

COMPLAINT:

UNDER F R.C.P. 23

VIII. RELATED CASE(S)

IF ANY

DATE

q

(See instructions)

JUDGE

OFATO~

CHECK YES only if demanded in complaint

JURY DEMAND:

X Yes 0 No

DOCKET NUMBER

FOR OFFICE USE RECEIPT # _ _ _ __ AMOUN _ _ _ _ _ __

APPLYING IFP _ _ _ _ _ __

JUDGE _ _ _ _ _ _ ___ MAG fUDGE ____________________

 IN THE UNITES STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SPRING VALLEY UNITED METHODIST CHURCH
Defendant.

)

)

)

CIVIL ACTION NO.

)

)

)

)

3-06-CV-1785-R

)

)

)

)

)

AGREED ORDER

The parties have entered into the Settlement Agreement

(“Agreement”) set out below. Based on a review of the pleadings

and the Agreement, without an admission or finding of liability on

the part of Defendant, the Court finds that (1) it has jurisdiction

over the parties and this action, (2) the Agreement does not

constitute an admission by the Defendant of any violation of the

Americans With Disabilities Act or other wrongdoing, but that the

Defendant in fact expressly denies any such violation or wrongdoing

and entered into the Agreement in compromise and settlement of a

disputed claim for the sole purpose of avoiding further trouble,

litigation, and expense, and (3) the terms of the Agreement

constitute a fair and equitable resolution of all issues in this

action.

It is therefore ORDERED, ADJUDGED, AND DECREED as follows:

AGREED ORDER – Page 1

(1) That this Order is being entered with the consent of the parties for purposes of settlement, is not an adjudication on the merits of the action, and shall not be construed as an admission or finding of liability on the part of Defendant;
(2) That the Agreement is approved; and (3) That the Court shall retain jurisdiction to enforce the terms of the Agreement until the expiration of the term of the Agreement.
SETTLEMENT AGREEMENT Plaintiff the Equal Employment Opportunity Commission (“EEOC”) and Defendant Spring Valley United Methodist Church (the “Church”) hereby compromise and resolve all issues and disputes in the abovestyled action (the “Action”) on the terms and conditions set out below: 1. The EEOC filed this Action against the Church on September 28, 2006 all eging that the Church had violated the Americans with Disabilities Act (“ADA”) by terminating Audrey Durante from her positions as a Preschool Teacher and Nursery Worker based on her perceived disability. The Action seeks, among other relief, non-economic damages. 2. The Church vigorously denies that it discriminated against Ms. Durante under the ADA as alleged in the Action or otherwise. 3. The parties desire to compromise and resolve all issues
AGREED ORDER – Page 2

and disputes in the Action and that were alleged, or are like or related to those matters alleged, in EEOC Charge No. 310 2004 02384 filed by Ms. Durante (the “Charge”). Accordingly, the parties have entered into this Agreement to memorialize the terms and conditions of their compromise and settlement.
4. The Church affirms its commitment to equal employment opportunity and agrees that it shall not discriminate against any qualified employee on the basis of a disability or perceived disability with respect to any employment policies, practices or decisions, and will attempt reasonable accommodations to qualified persons with disabilities when possible without undue hardship.
5. The Church and Ms. Durante have entered into a voluntary settlement in which the Church agreed to pay, and has paid, the sum of $25,000 to Ms. Durante in full and final settlement of any claims she might have or assert against the Church (the “Settlement Payment”). The Settlement Payment is intended to compensate Ms. Durante for her claimed non-economic damages and is in an amount acceptable to Ms. Durante and the EEOC. The Church will issue Ms. Durante a Form 1099, reflecting payment, and she will be personally responsible for payment of applicable taxes. The parties agree that no further relief is owed to Ms. Durante and that she is not a prevailing party for purposes of this Action.
6. The Church agrees to have an attorney conduct training on the requirements of Title I the ADA for all management/supervisory
AGREED ORDER – Page 3

officials of its preschool within 60 days of the date the parties sign this Agreement.
7. The Church agrees to revise its current policies or adopt a policy stating its commitment to offer reasonable job accommodations to applicants and employees consistent with the ADA and how and to whom requests for job accommodation may be made within 60 days of the date the parties sign this Agreement.
8. The Church agrees to provide a report on its compliance with paragraphs (6) and (7) above to the undersigned counsel for the EEOC within 10 days of the completion of each.
9. The EEOC agrees to waive all further litigation on all issues that were alleged, or are like or related to those matters alleged, in the Charge and that are alleged or could have been alleged in the complaint in this Action. The EEOC further agrees to release, acquit, and forever discharge, the Church (and its current or former agents, officers, and employees) from any and all claims raised by, growing out of, resulting from, or like or related to those matters alleged, in the Charge and that are alleged or could have been alleged in the complaint in this Action.
10. The parties further acknowledge and agree: (a) That they have the right to specifically enforce the
terms of this Agreement. (b) That this Agreement resolves all issues and disputes
in the Action and that were alleged, or are like or related to
AGREED ORDER – Page 4

those matters alleged, in the Charge. (c) That this Agreement does not preclude the EEOC from
processing other charges or bringing suit to remedy any other alleged violations of the ADA unrelated to the Charge or this Action.
(d) That this Agreement does not constitute an admission by the Church of any violation of the ADA or other wrongdoing, but that the Church in fact expressly denies any such violation or wrongdoing and enters into this Agreement in compromise and settlement of a disputed claim for the sole purpose of avoiding further trouble, litigation, and expense.
(e) That neither party shall contest the validity of this Agreement or the jurisdiction of the Court to enforce this Agreement and its terms during the six (6)-month period following the effective date of this Agreement.
(f) That the effective date of this Agreement shall be the last date upon which a party signs it for approval by the Court.
(g) To bear their own costs associated with this Action, including attorney’s fees.
(h) That the Court may administratively close the Action, however, the term of this Agreement shall be for six (6) months from the effective date, during which time the Court shall retain jurisdiction to enforce the terms of this
AGREED ORDER – Page 5

Agreement until the expiration of the term of the Agreement.

SIGNED this 2nd day of April, 2007.

509214 000003 DALLAS 2157772.3

_______________________________________ THE HONORABLE JERRY BUCHMEYER,
UNITED STATES DISTRICT JUDGE

AGREED ORDER – Page 6

 District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?580368054854068-L_3...

CLOSED, ECF, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:06-cv-01785

Equal Employment Opportunity Commission v. Spring Valley United Methodist Church Assigned to: Judge Jerry Buchmeyer Cause: 28:451 Employment Discrimination

Date Filed: 09/28/2006 Date Terminated: 04/02/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760

James L Lee Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760

Jennifer Randall Equal Employment Opportunity Commission 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78229-3555 210/281-7636 Fax: 210/281-7669 FAX Email: jennifer.randall@eeoc.gov

1 of 4

5/31/2007 12:47 PM

District Version 3.0.3 - Docket Report
V. Defendant Spring Valley United Methodist Church

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?580368054854068-L_3...
ATTORNEY TO BE NOTICED
Robert B Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7643 Email: Robert.Harwin@eeoc.gov ATTORNEY TO BE NOTICED
Ronald S Cooper Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760
Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov ATTORNEY TO BE NOTICED
represented by Elizabeth A Schartz Thompson & Knight - Dallas 1700 Pacific Ave Suite 3300 Dallas, TX 75201-4693 214/969-1737 Fax: 214/880-3209 FAX Email: elizabeth.schartz@tklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

2 of 4

5/31/2007 12:47 PM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?580368054854068-L_3...

Date Filed 09/28/2006 09/28/2006 09/28/2006 09/28/2006 09/28/2006 09/28/2006 10/24/2006 12/14/2006 12/18/2006 01/12/2007 01/16/2007
01/16/2007 02/23/2007 02/26/2007
04/02/2007

#

Docket Text

1 COMPLAINT against Spring Valley United Methodist Church filed by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)
2 Summons Issued as to Spring Valley United Methodist Church. (axm, ) (Entered: 09/28/2006)
3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (axm, ) (Entered: 09/28/2006)
***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 09/28/2006)
4 Order Designating Case for ECF - see order for specifics. (Signed by Judge Jerry Buchmeyer on 09/28/2006) (axm, ) (Entered: 09/28/2006)
5 NOTICE of Attorney Appearance by Jennifer Randall on behalf of Equal Employment Opportunity Commission (Randall, Jennifer) (Entered: 10/24/2006)
6 Unopposed Motion to Extend Time to Answer or Otherwise Respond to Plaintiff's Original Complaint by Spring Valley United Methodist Church. (klm, ) (Entered: 12/14/2006)
7 ORDER granting 6 Defendant's Unopposed Motion to Extend Time to Answer re 1 Complaint Spring Valley United Methodist Church answer due 1/17/2007. (Signed by Judge Jerry Buchmeyer on 12/18/06) (klm, ) (Entered: 12/18/2006)
8 Joint Motion for Extension of Time to File Answer by Equal Employment Opportunity Commission, Spring Valley United Methodist Church. (klm) (Entered: 01/12/2007)
9 AGREED ORDER granting 8 Joint Motion for Extension of Time for Defendant to Answer re 1 Complaint Spring Valley United Methodist Church answer due 2/27/2007. The parties report to the Court on the status of the settlement or file appropriate papers with the Court no later than February 27, 2007. (Signed by Judge Jerry Buchmeyer on 1/16/07) (klm) (Entered: 01/16/2007)
Set/Reset Deadlines: Status Report due by 2/27/2007 per doc. no. 9. (klm) (Entered: 01/16/2007)
11 JOINT STATUS REPORT by Equal Employment Opportunity Commission, Spring Valley United Methodist Church. (npk) (Entered: 02/26/2007)
10 AGREED ORDER GRANTING TIME FOR THE PARTIES TO FILE APPROPRIATE PAPERS OR FURTHER STATUS REPORT: Status Report due by 3/27/2007. (Signed by Judge Jerry Buchmeyer on 2/26/07) (klm) (Entered: 02/26/2007)
12 AGREED ORDER: This Order is being entered with the consent of the parties for purposes of settlement. (see order for specifics) (Signed by Judge Jerry Buchmeyer on 4/2/07) (klm) (Entered: 04/02/2007)

3 of 4

5/31/2007 12:47 PM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?580368054854068-L_3...

04/02/2007

***Civil Case Terminated per doc. no. 12. (klm) (Entered: 04/02/2007)

PACER Service Center

Transaction Receipt

05/31/2007 12:48:41

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:06-cv-01785

Billable Pages: 2

Cost:

0.16

4 of 4

5/31/2007 12:47 PM

Output: The Dallas and San Antonio Offices of the EEOC filed this action in September 2006 in the District Court for the Northern District of Texas.  The Defendant was Spring Valley United Methodist Church.  The controversy involved the termination of the complainant allegedly based upon her being regarded as disabled due to hearing impairment. The lawsuit was filed in September of 2006 and was eventually resolved by agreed order in April 2007.  The complainant, who did not intervene in the case, was awarded $25,000.  In addition, Church had to provide a training seminar and adopt a policy stating its commitment to offer reasonable job accommodations.  The decree was to last for six months.