Case: EEOC v. Founders Pavilion, Inc.

6:13-cv-06250 | U.S. District Court for the Western District of New York

Filed Date: May 16, 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

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 requ…

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)

People


Judge(s)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Batog, Konrad (New York)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

O'Brien, Michael J. (New York)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert D. (New York)

Attorneys(s) for Defendant

Galewski, Roy R. (New York)

Moore, Daniel J. (New York)

Judge(s)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Batog, Konrad (New York)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

O'Brien, Michael J. (New York)

Reams, Gwendolyn Young (District of Columbia)

Rose, Robert D. (New York)

Attorneys(s) for Defendant

Galewski, Roy R. (New York)

Moore, Daniel J. (New York)

Expert/Monitor/Master

Adams, Raechel (New York)

Documents in the Clearinghouse

Document

6:13-cv-06250

Docket [PACER]

Equal Employment Opportunity Commission (EEOC) v. Founders Pavilion, Inc.

Jan. 9, 2014

Jan. 9, 2014

Docket
1

6:13-cv-06250

Complaint

EEOC v. Founders Pavilion

May 16, 2013

May 16, 2013

Complaint
5

6:13-cv-06250

First Amended Complaint

EEOC v. Founders Pavilion

June 17, 2013

June 17, 2013

Complaint
9

6:13-cv-06250

Stipulation and Order

Aug. 16, 2013

Aug. 16, 2013

Order/Opinion
13

6:13-cv-06250

Consent Decree

Equal Employment Opportunity Committee (EEOC) v. Founders Pavilion, Inc.

2014 WL 574550

Sept. 1, 2014

Sept. 1, 2014

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Founders Pavilion, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 summons)(Grossman, Elizabeth) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

Case Assigned to Hon. Charles J. Siragusa. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

2

Summons Issued as to Founders Pavilion, Inc. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

3

AUTOMATIC REFERRAL to Mediation. ADR Plan electronically sent to attorneys. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.uscourts.gov/forms/AO085.pdf Notification to chambers of on-line civil opening. (EAK) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

4

NOTICE of Appearance by Michael J. O'Brien on behalf of Equal Employment Opportunity Commission. Modified on 6/18/2013 to correct docket text (EAK). Modified on 6/18/2013 (EAK). (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

5

AMENDED COMPLAINT against Founders Pavilion, Inc., filed by Equal Employment Opportunity Commission.(O'Brien, Michael) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

E-Filing Notification re 4 NOTICE of Appearance. Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. (EAK) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

6

NOTICE of Appearance by Konrad Batog on behalf of Equal Employment Opportunity Commission (Batog, Konrad) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

7

MOTION to Withdraw as Attorney Filed by Michael O'Brien by Equal Employment Opportunity Commission.(O'Brien, Michael) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

8

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Founders Pavilion, Inc. waiver sent on 6/17/2013, answer due 8/16/2013. (Batog, Konrad) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

9

STIPULATION AND ORDER, Answer due date updated as to Founders Pavilion, Inc. answer due 10/16/2013. Signed by Hon. Charles J. Siragusa on 8/16/13. (KAP) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

11

LETTER ORDER granting 10 Motion to Continue. Defendant's answer is due 45 days after government is no longer shut down. Signed by Hon. Charles J. Siragusa on 10/15/13. (KAP) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

12

STIPULATION AND ORDER, Answer due date updated as to Founders Pavilion, Inc. answer due 12/31/2013. Signed by Hon. Charles J. Siragusa on 11/26/13. (KAP) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

13

-CLERK TO FOLLOW UP-CONSENT DECREE. Signed by Hon. Charles J. Siragusa on 1/9/14. (Attachments: # 1 Exhibit)(KAP)Clerk to close the case. (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

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):

Private Plaintiff

Attorney Organizations:

EEOC

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

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: $370,000

Order Duration: 2013 - 2018

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Provide antidiscrimination training

Reasonable Accommodation

Reporting

Training

Issues

Discrimination-area:

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Pregnancy discrimination

Disability:

Mobility impairment

EEOC-centric:

EEOC Intervened in Private Suit