Filed Date: May 16, 2013
Closed Date: 2018
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On May 16, 2013, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court in the Western District of New York under the Genetic Information Nondiscrimination Act of 2008 (GINA), the Americans with Disabilities Act of 1990 (ADA), Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (collectively Title VII) against Founders Pavilion, Inc. (Founders). The class, employees and applicants, claimed that the defendant employer requested family medical history as part of its hiring and continued employment practices, terminated employment on the basis of disability, failed to provide reasonable accommodation, discriminated against pregnant applicants and terminated an employee because she was pregnant.
The plaintiffs asked the court to grant permanent injunctions to prevent the defendant from discriminating on the basis of genetic information, disability or pregnancy; to require the defendant to provide equal employment opportunities for qualified individuals regardless of genetic information, disability or pregnancy; and to provide compensatory and punitive relief to eradicate the effects of its unlawful employment practices. Founders sold its nursing facility on July 2, 2013 and has since ceased operating any business.
On November 26, 2013, the parties entered into a consent decree, recognizing the class. The consent decree had a duration of five years. If Founders ever owned or operated any healthcare facility or other business, they would be enjoined by the consent decree from requesting genetic information, including family medical history from any applicant or employee. They were further enjoined from failing to provide reasonable accommodation to applicants or employees with disabilities, terminating any employee on the basis of that employee’s disability or perceived disability, and failing to hire an applicant or terminating an employee because of her pregnancy. Additionally they had to institute training and provide information about these policies.
The consent decree further required Founders to pay a total of $259,600 to five claimants as compensatory damages and back pay. Founders also paid a class award of $110,400, with each class member eligible to receive $800. The class consisted of the 138 individuals who were hired by Founders during the time that Founders utilized the “Occupation & Environmental Health Services Patient History Form” that included a “Family History” section. The five year time period passed without any further litigation and as of March 2019, the case is presumably closed.
Summary Authors
Christianna Kyriacou (10/23/2013)
Erica Becker (3/20/2019)
Batog, Konrad (New York)
Grossman, Elizabeth (New York)
Lee, James L. (District of Columbia)
Galewski, Roy R. (New York)
Adams, Raechel (New York)
Siragusa, Charles J. (New York)
Last updated Sept. 4, 2023, 3:01 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 16, 2013
Closing Date: 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Employees and job applicants who claim they were discriminated against on the basis of genetic information and pregnancy.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Founder Pavilion, Inc., Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $370,000
Order Duration: 2013 - 2018
Content of Injunction:
Follow recruitment, hiring, or promotion protocols
Provide antidiscrimination training
Issues
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
EEOC-centric: