Case: EEOC v. Critical Care Specialist

6:04-cv-02244 | U.S. District Court for the District of South Carolina

Filed Date: July 6, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In July 2001, the Charlotte District Office of the EEOC filed this lawsuit against Advance Nursing Institute, Critical Care Specialist Inc., and Nurse Associates, LLC in the U.S. District Court for the District of South Carolina alleging violations of the Equal Pay Act and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants paid male employees a higher wage than female employees and discharged one complainant in retaliation for her complaints of g…

In July 2001, the Charlotte District Office of the EEOC filed this lawsuit against Advance Nursing Institute, Critical Care Specialist Inc., and Nurse Associates, LLC in the U.S. District Court for the District of South Carolina alleging violations of the Equal Pay Act and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants paid male employees a higher wage than female employees and discharged one complainant in retaliation for her complaints of gender-based pay discrimination. Following some discovery, the parties settled the lawsuit through a consent decree in March 2005.

The two-year decree, containing anti-discrimination and anti-retaliation clauses, required the defendants to: report on complaints and make other compliance reports, allow the EEOC access for monitoring, post notice of rights and distribute notice of rights, provide EEO training, and pay $18,000 to be distributed among three complaining parties.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

David Friedman (3/5/2008)

Documents in the Clearinghouse

Document

6:04-cv-02244

Docket [PACER]

EEOC v. Critical Care Specialist, Inc.

March 10, 2005

March 10, 2005

Docket
1

6:04-cv-02244

Complaint

EEOC v. Critical Care Specialist, Inc.

July 6, 2004

July 6, 2004

Complaint
21

6:04-cv-02244

Consent Decree

EEOC v. Critical Care Specialist, Inc.

March 10, 2005

March 10, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 7, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; FILING FEE $ Fee Waived RECEIPT # Fee Waived Service due by 11/3/04 for Advance Nursing Inst, for Nurse Associates LLC, for Critical Care (bshr) (Entered: 07/07/2004)

July 6, 2004

July 6, 2004

2

ANSWER to Local Rule 26 Interrogatories by plaintiff Equal Employment Opp; jury demand (bshr) (Entered: 07/07/2004)

July 6, 2004

July 6, 2004

3

MOTION by plaintiff Equal Employment Opp for Kara L. Gibbon Haden to appear pro hac vice FILING FEE AMOUNT Fee Waived Receipt # Fee Waived with affidavit and proposed order attached (bshr) (Entered: 07/07/2004)

July 6, 2004

July 6, 2004

4

ORDER granting [3-1] motion for Kara L. Gibbon Haden to appear pro hac vice FILING FEE AMOUNT Fee Waived Receipt # Fee Waived ( signed by Magistrate Judge Bruce H. Hendricks ) eod 7/13/04, svd. (jtho) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

5

ANSWER to Complaint by defendant Critical Care, defendant Nurse Associates LLC, defendant Advance Nursing Inst (Attorney Robert M Sneed), Assignment Interrogatories due on 9/27/04 for Advance Nursing Inst, for Nurse Associates LLC, for Critical Care ; (jtho) (Entered: 09/17/2004)

Sept. 17, 2004

Sept. 17, 2004

6

ANSWER to Local Rule 26 Interrogatories by defendant Critical Care, defendant Nurse Associates LLC, defendant Advance Nursing Inst (jtho) (Entered: 09/17/2004)

Sept. 17, 2004

Sept. 17, 2004

7

CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 10/18/04 ; 26(a) Initial Disclosures served by 11/1/04 ; 26(f) Report filed by 11/1/04 ; Joining of parties,amending of pleadings on 11/8/04 ; Plaintiff's ID of Experts set for 12/8/04 ; Defendant's ID of Experts set for 1/7/05 ; Records Custodian Affidavit filed by 1/7/05 ; Discovery cutoff 3/8/05 ; Motion In Limine filed by 3/18/05 ; Deadline for filing of all motions <date not set> ; 26(a)3 Pretrial Disclosures filed by 5/6/05 ; Pretrial Brief filed by 5/23/05 ; Jury Selection deadline set for 6/6/05 ; Bench Trial set for <date not set> ; ADR Statement/Cert due by 4/28/05 Mediation deadline for 5/27/05 ( signed by Judge G R. Anderson Jr ) (dnap) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

8

AFFIDAVIT (Addendum to Application/Affidavit for Pro Hac Vice Admission) of Kara L. Gibbon Haden by plaintiff Equal Employment Opp stating what item number 11 of application/affidavit submitted for [3-1] motion for Kara L. Gibbon Haden to appear pro hac vice FILING FEE AMOUNT Fee Waived Receipt # Fee Waived should have said (bshr) (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

9

WAIVER OF SERVICE as to Critical Care, Nurse Associates LLC, Advance Nursing Inst (jtho) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

10

26(f) Report by Equal Employment Opp, Critical Care, Nurse Associates LLC, Advance Nursing Inst . Parties disagree to Conference and Scheduling Order. (jtho) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

11

26(f) Answers to Local Rule 26 Interrogatories by Equal Employment Opp . (jtho) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

12

26(f) Answers to Local Rule 26 Interrogatories by Critical Care, Nurse Associates LLC, Advance Nursing Inst . (jtho) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

13

CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 12/8/04 ; Plaintiff's ID of Experts set for 1/7/05 ; Defendant's ID of Experts set for 2/7/05 ; Records Custodian Affidavit filed by 2/7/05 ; Discovery cutoff 4/8/05 ; Deadline for filing of all motions 5/9/05 ; Mediation deadline for 6/10/05 26(a)3 Pretrial Disclosures filed by 6/10/05 ; Pretrial Brief filed by 7/4/05 ; Jury Selection deadline set for 7/11/05 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 11/2/04, svd. (jtho) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

14

MOTION by defendant Advance Nursing Inst, defendant Nurse Associates LLC, defendant Critical Care to amend [5-1] answer . Proposed answer attached. (jtho) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

15

ORDER granting [14-1] motion to amend [5-1] answer ( signed by Magistrate Judge Bruce H. Hendricks ) eod 12/1/04, svd. (jtho) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

16

AMENDED ANSWER to Complaint by defendant Advance Nursing Inst, defendant Nurse Associates LLC, defendant Critical Care : amends [5-1] answer (jtho) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

17

AFFIDAVIT of RECORDS CUSTODIAN David B. Stour, Jr. by Nurse Associates LLC, Critical Care, Equal Employment Opp Objections to Records Cust Affidavit due by 2/10/05 for Equal Employment Opp ; (jtho) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

18

AFFIDAVIT of RECORDS CUSTODIAN Phyllis W. Glenn by Advance Nursing Inst, Nurse Associates LLC, Critical Care Objections to Records Cust Affidavit due by 2/10/05 for Equal Employment Opp ; (jtho) Modified on 01/28/2005 (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

20

PROPOSED DOCUMENT re: Consent Decree. (Daley, Robert) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

21

CONSENT DECREE resolving all matters in controversy between the parties. . Signed by Judge G Ross Anderson Jr on 3/10/2005. (acas, ) (Entered: 03/11/2005)

March 10, 2005

March 10, 2005

Case Details

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: July 6, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Advance Nursing Institute (Greenville, South Carolina; Spartanburg, South Carolina), Private Entity/Person

Nurse Associates, LLC (Greenville, South Carolina; Spartanburg, South Carolina), Private Entity/Person

Critical Care Specialist Inc. (Greenville, South Carolina; Spartanburg, South Carolina), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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: 18000

Order Duration: 2005 - 2007

Content of Injunction:

Neutral/Positive Reference

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Impact

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits