Free Consent Judgment - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) Plaintiff, ) V. ) ) HealthHelp, Inc., ) ) Defendant, ) ) Janis Hagy, Carolyn Johnson, and ) Arlene Warren, ) ) Intervenor Plaintiffs. ) ______________________________ ) ) Janis Hagy, et al., ) Plaintiffs, ) ) V. ) ) HealthHelp, Inc., ) ) Defendant. ) ) Equal Employment Opportunity Commission, CIV 03-1204 PHX RGS CIV 03-1216 PHX RGS CONSENT DECREE

The United States Equal Employment Opportunity Commission (the "Commission" or "EEOC") filed this action against HealthHelp, Inc. ("HealthHelp" or "Defendant") to enforce Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991. In the Complaint, the Commission alleged that Arlene Warren,

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Carolyn Johnson and Janis Hagy were retaliated against when they opposed discriminatory actions on the part of HealthHelp, Inc. and were terminated. HealthHelp answered, alleging there was nothing discriminatory about its conduct and the three former employees were terminated due to sound business reasons. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Decree. The Parties do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of findings of fact and conclusions of law. It is hereby ORDERED, ADJUDGED AND DECREED: 1. This Decree resolves all claims of the Commission against Defendant,

including back pay, compensatory and punitive damages, interest, injunctive relief, attorney's fees, and costs arising out of the issues in this lawsuit. INJUNCTION 2. Defendant and its officers, agents, employees, successors, assigns, and all

persons in active concert or participation with it, both at the time that this Decree becomes effective and for the duration of this Decree, are permanently enjoined for the duration of the Decree from retaliating against any employee because he or she: (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination or assists, assisted, participates, or participated in the filing of a charge of discrimination; or (iii) assists, assisted, participates or participated in an investigation or proceeding brought under the Federal or State laws prohibiting discrimination or retaliation. . MONETARY RELIEF 3. Defendant shall pay a settlement in the amount of $450,000.00, to be

divided and distributed as set forth in Exhibit A. The payments will be made by check no later than ten days from the Court's entry of the Consent Decree. The
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checks shall be mailed to the addresses provided by the Commission. Within three business days of the issuance of the checks, Defendant shall submit a copy of the checks and all related correspondence to Mary Jo O'Neill, Regional Attorney, Equal Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona 85012. 4. These payments represent settlement of compensatory damages and

attorney fees in the amounts set forth in Exhibit A. Defendant will issue United States Internal Revenue Service Forms 1099 for the compensatory damages and attorney fees for the tax year during which payment is made. 5. Defendant will not condition the receipt of individual relief on Ms.

Warren's, Ms. Hagy's or Ms. Johnson's agreement to (a) waive their statutory right to file a charge with any federal or state anti-discrimination agency for actions not arising out of the same facts, or (b) waive their right to apply for a position with the Defendant. OTHER RELIEF 6. Defendant shall expunge from the personnel files of Ms. Warren, Ms. Hagy

and Ms. Johnson: (a) all references to the EEOC charges filed against Defendant that formed the basis of this action; (b) all references to Ms. Warren's, Ms. Hagy's and Ms. Johnson's participation in this action; (c) any derogatory document which relates to complaints or investigation of complaints of retaliation or discrimination; and (d) any other documents, except for routine business records, relating to the termination of Ms. Warren, Ms. Hagy and Ms. Johnson. 7. Defendant shall institute and carry out policies and practices that help

assure a work environment free from retaliation. To assist Defendant in its efforts to assure such a work environment, Defendant shall take the actions provided in paragraphs 8 through 14 of this Decree.

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NOTICE 8. Defendant shall post for the duration of this Decree, in a prominent place

frequented by its employees at its facilities, the Notice attached as Exhibit B. The Notice shall be posted in English and Spanish. The Notice shall be the same type, style and size as set forth in Exhibit B. TRAINING 9. Defendant shall provide training on unlawful discrimination and retaliation,

according to the following terms: A. Defendant shall retain and pay a consultant/lecturer who shall

provide training to its supervisory employees for a period of two years from the date of this Decree, on the issues of discrimination and retaliation. During each of the two years, the consultant/lecturer shall conduct one live seminar training session. B. Defendant shall obtain the EEOC's approval of the

consultant/lecturer selected by Defendant to provide the training described above. At least sixty (60) days prior to the proposed training session, Defendant shall submit the name(s), address(es), telephone number(s) and resume(s) of the proposed consultant/lecturer(s), together with the dates of the proposed training session and an outline of the contents of the training, to the Regional Attorney of the Phoenix District Office of the EEOC, at the address provided above. The Commission shall have thirty (30) days from the date of receipt of the information described above to accept or reject the proposed consultant/lecturer and/or the contents of the seminar. In the event the Commission does not approve the designated consultant/lecturer and/or the contents of the training, the Commission shall designate the consultant/lecturer at a cost not to exceed $2,500 per seminar session, which shall be paid by Defendant. C. During the first year, the seminar training session shall be

conducted within six months of the entry of this Decree. During the second year,
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the seminar-training session shall be conducted between eleven (11) and thirteen (13) months after the completion of the preceding session. D. The seminar training sessions shall be no less than two hours,

plus fifteen to thirty minutes of questions and answers. All of Defendant's supervisory employees shall register when they attend a seminar-training session. The registry of attendance shall be retained by Defendant for the duration of this Decree. E. The seminars shall include: (1) the subject of what constitutes

discrimination and retaliation; (2) that Title VII is violated by retaliation for opposing activities reasonably believed to be a violation of Title VII; and (3) unlawful termination based on retaliation. The session shall also review and explain Defendant's policies set out in this Decree. F. During the live training sessions, Defendant's President shall

speak to the employees about the legal consequences faced by companies that tolerate discrimination and retaliation; the importance of maintaining an environment free of discrimination and retaliation, and Defendant's policies in regard to discrimination and unlawful termination based on retaliation, referred to in paragraph 11 of this Decree. The President shall explain that managers and supervisors will be evaluated, in part, on their enforcement of policies prohibiting discrimination and retaliation, and their response to complaints made under those policies. 10. The Commission, with reasonable notice, may designate Commission

representatives to attend and participate in the seminar-training sessions, and the representatives shall have the right to attend and fully participate in the sessions. POLICIES AND PROCEDURES 11. Within sixty (60) days of the entry of this Decree, Defendant shall develop

written policies concerning discrimination and retaliation, to conform with the law, and submit the policy for review to the Regional Attorney of the Phoenix District
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Office of the EEOC. These written policies must include at a minimum: A. retaliation; B. C. tolerated; D. A clear and strong encouragement of persons who believe A clear and complete definition of retaliation; A statement that retaliation is prohibited and will not be A strong and clear commitment to a workplace free of

they have been subjected to retaliation to come forward; E. The identification of specific individuals, with their telephone

numbers, to whom employees, who believe they have been subjected to discrimination or retaliation, can report the unlawful conduct, including a written statement that employees may report the unlawful conduct to designated persons outside of their chain of management. F. An assurance that Defendant will investigate allegations of

retaliation promptly, fairly, reasonably and effectively, using appropriate investigators, and that appropriate corrective action will be taken by Defendant to make victims whole and to eradicate the unlawful conduct. G. A description of the consequences, up to and including

termination, that will be imposed upon violators of the policy; H. A promise of maximum feasible confidentiality for persons who

believe that they have been subjected to discrimination or retaliation. These policies shall be distributed to each of Defendant's current employees within ninety (90) days of the entry of this Decree. These policies shall be distributed to all new employees of Defendant when hired. These policies also shall be posted in a prominent place frequented by the employees at Defendant 's workplace. REPORTING BY DEFENDANT AND ACCESS BY EEOC 12. Defendant shall report in writing and in affidavit form to the Regional
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Attorney of the Commission's Phoenix District Office, beginning six months from the date of the entry of this Decree, and thereafter every year for the duration of the Decree, the following information: A. Decree. B. Any changes, modifications, revocations, or revisions to its A copy of the revised policies required in paragraph 11 of this

policies and procedures which concern or affect the subjects of discrimination and retaliation. C. The name, address, position, social security number, and

telephone number of any individual who has brought allegations, whether formal or informal, of wage discrimination and/or unlawful termination based on sex, against Defendant's personnel including, but not limited to, management officials and/or non-management employees, during the first six months, and thereafter every year, preceding the report to the EEOC. The nature of the complaint, investigatory efforts made by Defendant, and corrective action taken, if any, also shall be specified. D. The registry of persons attending the seminars required in

paragraph 8 of this Decree and a list of current supervisory and managerial personnel employed by Defendant on the days of the seminar training sessions. E. Confirmation that (1) the Notice required in paragraph 8 of this

Decree was posted in all required languages, and the locations where it was posted; (2) the policies required in paragraph 11 were distributed to each current and new employee of Defendant; (3) the expungement from the personnel files of Ms. Warren, Ms. Hagy and Ms. Johnson required in paragraph 6 of this Decree took place, the date of the expungement, and the specific documents expunged. 13. The Commission, upon reasonable notice and agreement, shall have the

right to enter and inspect Defendant's premises and work sites to ensure compliance with this Decree and the prohibitions against retaliation contained in
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Title VII. COSTS AND DURATION 14. Each Party shall bear its costs and attorney's fees incurred as a result of

this action through the filing of this Decree. 15. The duration of this Decree shall be twenty-four (24) months from its entry.

This Court shall retain jurisdiction over this action for the duration of the Decree, during which the Commission may petition this Court for compliance with this Decree. Should the Court determine that Defendant has not complied with this Decree, the Court may order appropriate relief, including extension of this Decree for such period as may be necessary to remedy its non-compliance, an award of attorney's fees and costs, and fines for contempt of court. 16. In the event the Court concludes, upon petition of the Commission,

following notice to Defendant, that Defendant has violated the terms of this Decree, Defendant shall pay all attorney's fees and costs incurred by the Commission to enforce the Decree. 17. Absent extension, this Decree shall expire by its own terms at the end of

twenty-four (24) months from the date of entry without further action by the Parties. 18. The Parties agree to entry of this Decree and judgment subject to final DATED this 7th day of April, 2006.

approval by the Court.

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APPROVED AND CONSENTED TO:

s/E. R. Mashek Edward Mashek For HealthHelp, Inc.

s/ Mary Jo O'Neill Mary Jo O'Neill Regional Attorney s/Sally Shanley Sally C. Shanley Acting Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 North Central Ave., Suite 690 Phoenix, Arizona 85012 Attorneys for Plaintiff

s/James L. Blair James Blair Charles S. Hover, III Attorney for Defendant HealthHelp, Inc. RENAUD COOK DRURY MESAROS PA Phelps Dodge Tower, Suite 900 One N. Central Ave. Phoenix, AZ 85004

s/ M. E. Rake for David J. Catanese Attorney for Plaintiff-Intervenors

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Exhibit A
Carolyn Johnson $210,000.00, with $40,000.00 to be paid upon entry of the decree and $170,000.00 to be paid in four equal yearly payments commencing on March 10, 2007. $105,000.00 $ 25,000.00 $110,000.00

Janis Hagy Arlene Warren Rake & Catanese

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Exhibit B
NOTICE TO ALL EMPLOYEES OF HEALTH HELP, INC.
This Notice is posted pursuant to a Consent Decree entered into between Health Help, Inc. and the Equal Employment Opportunity Commission (EEOC). It is unlawful under federal law, Title VII of the Civil Rights Act and state law to discriminate against an employee on the basis of race, in the recruitment, hiring, firing, compensation, assignment, or other terms, and conditions or privileges of employment. It is also unlawful to retaliate against any person because the person protested discriminatory practices or contacted the EEOC. Health Help, Inc. shall not discriminate against any employee on the basis of race and shall not retaliate against any employee. You have the right to file a charge with the EEOC if you believe you are being discriminated against. No Retaliation Clause. No action may be taken against you by any supervisory or management official of Health Help, Inc. for (1) opposing discriminatory practices made unlawful by federal or state law; (2) filing a charge or assisting or participating in the filing of a charge of discrimination; or (3) assisting or participating in an investigation or proceeding brought under Title VII.

Contact the EEOC at the addresses or telephone numbers listed below: U.S. Equal Employment Opportunity Commission Mickey Leland Federal Building 1919 Smith Street Suites 600 & 700 Houston, Texas 77002-8049 Phone: 713-209-3320, 713-209-3377, or 1-800-669-4000

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