Case: EEOC v. Lifecare Management Services, LLC

2:08-cv-01358 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 30, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 30, 2008, the Equal Employment Opportunity Commission (EEOC) filed suit against Lifecare Management Services, LLC, and subsidiary LifeCare Hospitals of Pittsburgh, Inc. (collectively "Lifecare") for discriminatory employment practices (disparate treatment and hostile work environment) in violation of Section 102(a) of Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a). The EEOC brought the claims as a result of charges filed by a business office manager at…

On September 30, 2008, the Equal Employment Opportunity Commission (EEOC) filed suit against Lifecare Management Services, LLC, and subsidiary LifeCare Hospitals of Pittsburgh, Inc. (collectively "Lifecare") for discriminatory employment practices (disparate treatment and hostile work environment) in violation of Section 102(a) of Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a). The EEOC brought the claims as a result of charges filed by a business office manager at LifeCare Hospitals. The EEOC sought injunctive relief (in the form of an order not to discriminate against employees with disabilities, to develop policies to provide equal employment opportunities for such individuals, and to reinstate the employee) and monetary relief (back pay with interest, compensation for out-of-pocket expenses and emotional pain, and punitive damages).

On October 17, 2008, the employee was allowed to intervene in the case. Her amended complaint, filed November 11, 2008, added charges for discrimination and retaliation under the ADA, the FMLA, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations act. She sought reinstatement, back pay, front pay, compensation, attorney fees, and punitive damages.

On September 30, 2008, the Equal Employment Opportunity Commission (EEOC) filed suit against Lifecare Management Services, LLC, and subsidiary LifeCare Hospitals of Pittsburgh, Inc. (collectively "Lifecare") for discriminatory employment practices (disparate treatment and hostile work environment) in violation of Section 102(a) of Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a). The EEOC brought the claims as a result of charges filed by a business office manager at LifeCare Hospitals. The EEOC sought injunctive relief( in the form of an order not to discriminate against employees with disabilities, to develop policies to provide equal employment opportunities for such individuals, and to reinstate the employee) and monetary relief (back pay with interest, compensation for out of pocket expenses and emotional pain, and punitive damages).

On October 17, 2008, the employee was allowed to intervene in the case. Her amended complaint, filed November 11, 2008, added charges for discrimination and retaliation under the ADA, the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act, and the Pennsylvania Human Relations act. She sought reinstatement, back pay, front pay, compensation, attorney fees, and punitive damages.

Having been diagnosed with a form of colon cancer that was particularly likely to reoccur, the employee took a leave of absence under the FMLA. She was terminated a few weeks after the leave ended but soon allowed to resume work on a part-time basis largely from home. Later a new supervisor required her to work full time. He removed her full-time staff assistant, which in combination with other changes significantly increased her duties, even compared to her previous full-time employment. Eventually human resources told her to take a 12-week severance with pay and health insurance or risk being terminated for cause, which would involve no health insurance. After a series of misundertandings over whether she should continue to report to work, during which she repeatedly sought clarification, she was terminated for failure to report to work. Although she obtained unemployment compensation, Lifecare provided the state with inaccurate information about her loss of employment, which led to a proceeding on charges of fraud and the possibility that she would have to pay back $13,000 in benefits. She eventually prevailed in retaining her benefits.

The parties participated in mediation and eventually reached a settlement agreement. On May 8, 2008, Lifecare and the intervening employee stipulated to the dismissal with prejudice of her claims because the settlement with the EEOC covered the terms of her compensation. The Court (Judge Gary Lancaster) entered the settlement as a Consent Decree on May 12, 2009. Under the consent decree Lifecare did not have to reinstate the employee but did have to pay her $100,000 and all parties bore their own costs. Lifecare was required to keep detailed records of all complaints it received for the next year about a possible incident of disability discrimination and make them available to the EEOC upon request. Lifecare was also required to provide anti-disability-discrimination training to all employees and investigative training to all supervisor employees for the next year. Finally, Lifecare had to prepare a report at the end of the 1-year period of all the complaints of possible disability discrimination during that time and how they were handled. The 1-year period passed without incident, and the case is now closed.

Summary Authors

Kenneth Gray (6/13/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4942348/parties/equal-employment-opportunity-commission-v-lifecare-management-services/


Judge(s)

Bissoon, Cathy (Pennsylvania)

Lancaster, Gary L. (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Attorneys(s) for Defendant

Michalski, Christopher (Pennsylvania)

Schroeder, Theodore A. (Pennsylvania)

Other Attorney(s)

Active

Active

Judge(s)

Bissoon, Cathy (Pennsylvania)

Lancaster, Gary L. (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Attorneys(s) for Defendant

Michalski, Christopher (Pennsylvania)

Schroeder, Theodore A. (Pennsylvania)

Other Attorney(s)

Kotler, Helen R. (Pennsylvania)

Weiner, David F. (Pennsylvania)

Documents in the Clearinghouse

Document

2:08-cv-01358

Docket

May 12, 2009

May 12, 2009

Docket
1339

2:08-cv-01358

Complaint

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

Sept. 30, 2008

Sept. 30, 2008

Complaint
8

2:08-cv-01358

Intervenor's Complaint

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

Oct. 17, 2008

Oct. 17, 2008

Complaint
16

2:08-cv-01358

Amended Intervenor's Complaint

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

Nov. 12, 2008

Nov. 12, 2008

Complaint
43

2:08-cv-01358

Memorandum Order

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

March 17, 2009

March 17, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4942348/equal-employment-opportunity-commission-v-lifecare-management-services/

Last updated Aug. 7, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
43

MEMORANDUM ORDER denying 32 Motion to Quash Notice of Rule 30(b)(6) Deposition; denying 34 Motion for Protective Order; granting 38 -1 Motion to Strike; and denying 38 -2 Motion for Sanctions. Further, in accordance with 28 U.S.C. section 455, the Court hereby recuses itself in connection with this action. The clerk is directed to assign this case to another member of the Court forthwith. See Memorandum Order for details. Signed by Judge Terrence F. McVerry on 03/17/09. (bsc)

March 17, 2009

March 17, 2009

RECAP
49

ORDER granting 48 Stipulation of Dismissal with prejudice of Intervenor-Plaintiff's claims against defendants; Court will retain jurisdiction for purposes of interpreting and enforcing settlement; Each party to bear its own costs. Signed by Judge Gary L. Lancaster on 5/8/09. (map)

May 8, 2009

May 8, 2009

RECAP
52

ORDER granting 50 Consent Decree, resolving all claims raised by the Equal Employment Opportunity Commission, under terms stated more fully in order; Each party to bear their own expenses, costs and fees; Terms of this consent decree shall continue to be in effect for one (1) year; Court shall retain jurisdiction to enforce the terms of this consent decree. Signed by Judge Gary L. Lancaster on 5/12/09. (map)

May 12, 2009

May 12, 2009

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC filing on behalf of a Lifecare Management Services employee who was subjected to a hostile work environment, unfair discipline, and termination as a result of her treatment for colon cancer.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lifecare Management Services, LLC, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

42 U.S.C. § 1981

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $100,000

Order Duration: 2009 - 2010

Content of Injunction:

Reporting

Recordkeeping

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit