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Case: EEOC v. Britthaven, Inc.

5:12-cv-00818 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 27, 2012

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On December 27, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female cook diagnosed with breast cancer, filed a lawsuit in the Eastern District Court of North Carolina under the Americans with Disabilities Act of 1990, as amended, ("ADA") and Title I of the Civil Rights Act of 1991 against Britthaven, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, and attorneys' fees and costs, claiming that the defendant discriminated against one i…

On December 27, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female cook diagnosed with breast cancer, filed a lawsuit in the Eastern District Court of North Carolina under the Americans with Disabilities Act of 1990, as amended, ("ADA") and Title I of the Civil Rights Act of 1991 against Britthaven, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, and attorneys' fees and costs, claiming that the defendant discriminated against one if its employees based on her disability when it terminated the employee's employment while she was on medical leave for chemotherapy treatments.

The employee began working as a full-time cook for the defendant on September 25, 2009 and was diagnosed with breast cancer a few months later. She immediately notified the defendant of her diagnosis and her treatment plan. The employee received chemotherapy treatment until about October 2010, where she underwent surgery related to her breast cancer. She gave the defendant a doctor's note requesting four to six weeks of medical leave for the surgery. The defendant responded it would be glad to have the employee return back to work on December 10, 2010. However, on November 29, 2010, the employee received a call from her supervisor saying she was going to get fired for not coming into work. The employee was given the option of resigning, but when she refused to do so, the defendant terminated her employment.

On January 9, 2014, the District Court (Judge William Earl Britt) issued a consent decree where, among other things, the defendant agreed to pay the employee $50,000.

The decree was entered in 2014 and scheduled to last 2016. No further docket entries exist, so the case is closed.

Summary Authors

Perry Miska (4/6/2014)

Clearinghouse (12/3/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4303523/parties/equal-employment-opportunity-commission-v-britthaven-inc/


Judge(s)

Britt, William Earl (North Carolina)

Webb, William Arthur (North Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Burnside, Tina (Minnesota)

Lee, James L. (District of Columbia)

Lopez, P. David (Texas)

Mahood, Zoe G. (North Carolina)

Attorneys(s) for Defendant

McGuire, Gregory (North Carolina)

Shipley, Margaret Scholz (North Carolina)

Other Attorney(s)

Active

Judge(s)

Britt, William Earl (North Carolina)

Webb, William Arthur (North Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Burnside, Tina (Minnesota)

Lee, James L. (District of Columbia)

Lopez, P. David (Texas)

Mahood, Zoe G. (North Carolina)

Attorneys(s) for Defendant

McGuire, Gregory (North Carolina)

Shipley, Margaret Scholz (North Carolina)

Other Attorney(s)

Reams, Gwendolyn Young (District of Columbia)

Documents in the Clearinghouse

Document

5:12-cv-00818

Docket

Jan. 9, 2014

Jan. 9, 2014

Docket
1

5:12-cv-00818

Complaint; Jury Trial Demand

Dec. 27, 2012

Dec. 27, 2012

Complaint
18

5:12-cv-00818

Joint Motion for Entry of Consent Protective Order

May 22, 2013

May 22, 2013

Pleading / Motion / Brief
19

5:12-cv-00818

Order Granting the Parties' Joint Motion for a Protective Order

May 23, 2013

May 23, 2013

Order/Opinion
32

5:12-cv-00818

Consent Decree

Jan. 9, 2014

Jan. 9, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303523/equal-employment-opportunity-commission-v-britthaven-inc/

Last updated Nov. 26, 2022, 3:30 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (service by request for waiver pursuant to F.R.C.P. 4(d)) against All Defendants, filed by U.S. Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

RECAP
2

NOTICE by Equal Employment Opportunity Commission regarding 1 Complaint Civil Cover Sheet. (Mahood, Zoe) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
3

REQUEST FOR WAIVER of Service sent to Britthaven, Inc. on 12/27/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 2/27/2012. (Mahood, Zoe) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
4

REQUEST FOR WAIVER of Service sent to Principle Long Term Care, Inc. on 12/27/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 2/27/2012. (Mahood, Zoe) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
5

NOTICE of Appearance by Zoe G. Mahood on behalf of Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
6

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Principle Long Term Care, Inc. waiver sent on 12/27/2012, answer due 2/25/2013. (Mahood, Zoe) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
7

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Britthaven, Inc. waiver sent on 12/27/2012, answer due 2/25/2013. (Mahood, Zoe) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
8

ANSWER to 1 Complaint by Britthaven, Inc., Principle Long Term Care, Inc.. (McGuire, Gregory) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
9

NOTICE of Appearance by Gregory P. McGuire on behalf of All Defendants (McGuire, Gregory) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
10

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 2/26/2013. (Marsh, K) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
11

NOTICE of Appearance by Margaret Susannah Scholz on behalf of All Defendants (Scholz, Margaret) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
12

FINANCIAL DISCLOSURE STATEMENT by Equal Employment Opportunity Commission (Mahood, Zoe) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
13

FINANCIAL DISCLOSURE STATEMENT by Britthaven, Inc. identifying Corporate Parent Hillco, Ltd. for Britthaven, Inc. (McGuire, Gregory) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
14

FINANCIAL DISCLOSURE STATEMENT by Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
15

AMENDED ANSWER to 1 Complaint by Britthaven, Inc., Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
16

Rule 26(f) Report (joint) by Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
17

SCHEDULING ORDER as to all parties: Discovery due by 8/31/2013. Motions due by 10/1/2013. Signed by Magistrate Judge William A. Webb on 3/26/2013. Counsel should read order in its entirety for critical deadlines and information. Copy of scheduling order to Senior US District Judge W. Earl Britt's chambers with request for trial order. (Marsh, K) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
22

ORDER granting 21 Motion to Stay. Signed by Magistrate Judge William A. Webb on 10/1/2013. (Marsh, K)

Oct. 1, 2013

Oct. 1, 2013

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 27, 2012

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of a female cook

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Britthaven, Inc., 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.

Availably Documents:

Trial Court Docket

Complaint (any)

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: 50,000

Order Duration: 2014 - 2016

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

EEOC-centric:

Direct Suit on Merits