Case: EEOC v. PAL HEALTH TECHNOLOGIES INC

1:04-cv-01337 | U.S. District Court for the Central District of Illinois

Filed Date: Sept. 29, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 29, 2004 the Chicago District Office of the U.S. Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the Central District of Illinois. The plaintiff sued Pal Health Technologies, Inc. under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The plaintiff sought permanent injunctions enjoining the defendant from engaging in any employment practice that discriminates on the basis of sex; to order the d…

On September 29, 2004 the Chicago District Office of the U.S. Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the Central District of Illinois. The plaintiff sued Pal Health Technologies, Inc. under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The plaintiff sought permanent injunctions enjoining the defendant from engaging in any employment practice that discriminates on the basis of sex; to order the defendant to institute and carry out policies providing equal employment opportunities for women; require the defendant to provide harmed women back pay, pecuniary losses and punitive damages. The plaintiff claimed that the defendant discriminated against two female employees ("DRSS" and "LR") and a class of female employees by subjecting them to sexual harassment and that the defendant constructively discharged them because of their sex.

On November 30, 2005, the parties reached an agreement and the U.S. District Court Judge Joe B. McDade issued a consent decree. The consent decree awarded monetary sums to the two charging parties and to an additional class of eight female employees. The defendant agreed to pay $135,000 to DRSSS, $45,000 to LR, and a total of $350,000 to eight other female complainants. The three-year consent decree required the defendant to hire a Complaint Monitor, with the responsibility to investigate complaints of harassment, maintain records of complaints, and recommend corrective action. Additionally, the defendant was to provide anti-harassment training to its employees, post notice of equal employment rights, and to report to the EEOC semi-annually with records of all complaints.

The case is closed.

Summary Authors

Kevin Wilemon (10/22/2007)

Joanna Kuzdra (3/30/2018)

People


Judge(s)

Gorman, John A. (Illinois)

McDade, Joe Billy (Illinois)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Hendrickson, John C. (Illinois)

Henry, Ann M. (Illinois)

Smason, Diane I. (Illinois)

Attorneys(s) for Defendant

Begian, Daniel R. (Missouri)

Hartstein, Barry A. (Illinois)

Judge(s)

Gorman, John A. (Illinois)

McDade, Joe Billy (Illinois)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Hendrickson, John C. (Illinois)

Henry, Ann M. (Illinois)

Smason, Diane I. (Illinois)

Attorneys(s) for Defendant

Begian, Daniel R. (Missouri)

Hartstein, Barry A. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

Equal Employment Opportunity Commission v. Pal Health Technologies, Inc.

Dec. 2, 2008 Docket
1

Complaint Jury Trial Demand

EEOC v. PAL Health Technologies, Inc.

Sept. 29, 2004 Complaint
15

Consent Decree

EEOC v. PAL Health Technologies, Inc.

Nov. 29, 2005 Settlement Agreement

EEOC Litigation Settlement Report (Nov. 2005)

EEOC v. PAL Health Technologies, Inc.

No Court

Nov. 30, 2005 Press Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Pal Health Technologies, Inc. (filing fee is waived), filed by Equal Employment Opportunity Commission.(HK, ilcd) (Entered: 09/29/2004)

Sept. 29, 2004
2

NOTICE of Appearance of Attorney by Diane I Smason on behalf of Equal Employment Opportunity Commission (HK, ilcd) (Entered: 09/29/2004)

Sept. 29, 2004
3

NOTICE of Appearance of Attorney by John C Hendrickson on behalf of Equal Employment Opportunity Commission (HK, ilcd) (Entered: 09/29/2004)

Sept. 29, 2004

Remark: Counsel for EEOC called to advise they will be issuing Notice of Lawsuit/Waiver of Service. (RK, ilcd) (Entered: 09/30/2004)

Sept. 30, 2004
4

REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendant on 10/7/04 by Equal Employment Opportunity Commission. Waiver of Service due by 11/9/2004. (Hendrickson, John) (Entered: 10/14/2004)

Oct. 14, 2004
5

WAIVER OF SERVICE Returned Executed by plaintiff Equal Employment Opportunity Commission for service upon defendant Pal Health Technologies, Inc. Waiver sent on 10/7/2004, answer due 12/6/2004. (CL, ilcd) (Entered: 11/22/2004)

Nov. 19, 2004
6

NOTICE of Appearance of Attorney by Daniel R Begian on behalf of defendant Pal Health Technologies, Inc. (CL, ilcd) (Entered: 12/06/2004)

Dec. 6, 2004
7

ANSWER/AFFIRMATIVE DEFENSES to Complaint by Defendant Pal Health Technologies, Inc..(CL, ilcd) (Entered: 12/06/2004)

Dec. 6, 2004

NOTICE of Hearing: Initial pretrail/Rule 16 Scheduling Conference set for Tuesday, 1/11/2005 at 10:30 AM in person in chambers before Magistrate Judge John A. Gorman. If an agreed discovery plan is filed by 1/7/05, then the hearing will be converted to a phone conference rather than in person and the court will set up the call.(WW, ilcd) (Entered: 12/06/2004)

Dec. 6, 2004
8

NOTICE of Appearance of Attorney by Ann M Henry on behalf of Equal Employment Opportunity Commission (Henry, Ann) (Entered: 12/08/2004)

Dec. 8, 2004
9

REPORT of Rule 26(f) Planning Meeting by Pal Health Technologies, Inc.. (Begian, Daniel) (Entered: 01/04/2005)

Jan. 4, 2005

ORAL MOTION to Continue the Rule 16 conference from 1/11/04 to a different date by Defendant Pal Health Technologies, Inc. (WW, ilcd) (Entered: 01/06/2005)

Jan. 6, 2005

TEXT ONLY ORDER granting Oral Motion to Continue . Entered by Judge John A. Gorman on 1/6/04. (WW, ilcd) (Entered: 01/06/2005)

Jan. 6, 2005

Set/Reset Hearings: Rule 16 Scheduling Conference set for 1/11/2005 is CANCELED AND RESET to Friday, 1/7/2005 at 10:30 AM by telephone (court will place call) before Magistrate Judge John A. Gorman. (WW, ilcd) (Entered: 01/06/2005)

Jan. 6, 2005

Minute Entry for proceedings held before Judge John A. Gorman: Parties present via phone by attorneys Henry/Begian for Rule 16 scheduling conference. Same held on 1/7/2005. Court approves proposed discovery plan. Discovery due by 11/4/2005. Dispositive motions due by 12/2/2005. Final Pretrial Conference set for Thursday, 5/4/2006 at 10:30 AM (parties to meet with law clerk at 9:30 AM to discuss jury instructions); Jury Trial set for Monday, 6/5/2006 at 9:00 AM both in Courtroom B before Judge Joe Billy McDade. (CAD, ilcd) (Entered: 01/10/2005)

Jan. 7, 2005
10

Joint MOTION to Stay Discovery and Extend Discovery Date by Plaintiff Equal Employment Opportunity Commission, Defendant Pal Health Technologies, Inc.. Responses due by 6/14/2005 (Begian, Daniel) (Entered: 05/31/2005)

May 31, 2005

TEXT ORDER granting 10 Motion to Stay Discovery. All previously set dates are VACATED. Supplemental Rule 16 Scheduling Conference set for Tuesday, 8/16/2005 at 10:00 AM by telephone (court will place call) before Magistrate Judge John A. Gorman. Entered by Judge John A. Gorman on 6/1/05. (WW, ilcd) (Entered: 06/01/2005)

June 1, 2005
11

Joint MOTION for Protective Order filed by by Defendant Pal Health Technologies, Inc.. Responses due by 8/16/2005 (Attachments: # 1 Text of Proposed Order)(Begian, Daniel) (Entered: 08/02/2005)

Aug. 2, 2005

TEXT ONLY ORDER granting 11 Motion for Protective Order. Proposed Protetive order to enter. Entered by Judge John A. Gorman on 8/2/05. (WW, ilcd) (Entered: 08/02/2005)

Aug. 2, 2005
12

AGREED PROTECTIVE ORDER regarding financial information. Entered by Judge John A. Gorman on 8/2/05. (WW, ilcd) (Entered: 08/02/2005)

Aug. 2, 2005

Rule 16 Supplemental Scheduling Conference set for 8/16/2005 is cancelled upon oral request from defendant, unopposed by plaintiff, and reset to 8/30/2005 at 11:30 AM by telephone (court will place call) before Magistrate Judge John A. Gorman. Entered by Judge John A. Gorman on 8/12/05. (JB, ilcd) (Entered: 08/12/2005)

Aug. 12, 2005
13

NOTICE of Appearance of Attorney by Daniel R Begian on behalf of Pal Health Technologies, Inc. (Begian, Daniel) (Entered: 08/29/2005)

Aug. 29, 2005

Minute Entry for proceedings held before Judge John A. Gorman: Parties present via phone by attys Henry/Begian/Hartstein for Supplemental R16 hearing on 8/30/05 at 11:30 AM. Same not held. Status conference held. Court vacates all pending dates and schedules a Settlement Conference for 10/18/2005 at 10:00 AM in Chambers before Magistrate Judge John A. Gorman. Persons with settlement authority are to be present or readily available by phone. Parties to submit directly to Chambers a settlement memorandum stating their position in regard to settlement by 10/13/05. Do not file this memo with the Clerk's office or exchange with opposing parties. (TK, ilcd) (Entered: 08/30/2005)

Aug. 30, 2005

ORAL MOTION to Continue the settlement conference to a later time by Plaintiff Equal Employment Opportunity Commission. (WW, ilcd) (Entered: 09/01/2005)

Sept. 1, 2005

TEXT ONLY ORDER granting oral Motion to Continue. Settlement Conference previously set for Tuesday, 10/18/2005 at 10:00 AM is CHANGED IN TIME ONLY to 11:00 AM in person in chambers before Magistrate Judge John A. Gorman. Persons with settlement authority to be present or readily available by phone. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement by 10/14/05. Do not file this statement with the clerk office or exchange with opposing partiesEntered by Judge John A. Gorman on 9/1/05. (WW, ilcd) (Entered: 09/01/2005)

Sept. 1, 2005

Minute Entry for proceedings held before Judge John A. Gorman : Parties present in person by attorneys Smason/Henry/Begian/Hartstein with defendant reprsentative Lois Barnum for settlement Conference held on 10/18/2005. Settlement not reached. Status Conference set for 11/4/2005 at 11:00 AM by telephone (court will place call) before Magistrate Judge John A. Gorman. (WW, ilcd) (Entered: 10/19/2005)

Oct. 18, 2005

Minute Entry for proceedings held before Judge John A. Gorman. Parties present via phone by Attys Henry/Hartstein/Begian at 11:00 a.m. on Friday, 11/4/2005 for Status Conference − same held. Parties report they have reached an agreement and are drafting consent decree. Parties to submit paperwork to court by 11/30/2005. Case set for Status Conference at 11:30 a.m. on Friday, 12/16/2005 by telephone (court will place call) before Magistrate Judge John A. Gorman. (KB, ilcd) (Entered: 11/04/2005)

Nov. 4, 2005

NOTICE of Cancellation of Hearing: Status conference set for 12/16/05 is cancelled due to the filing of a motion for consent decree by the parties on 11/29/05 (WW, ilcd) (Entered: 11/29/2005)

Nov. 29, 2005
15

CONSENT DECREE entered and civil case terminated. Entered by Judge Joe Billy McDade on 11/30/05. (RK, ilcd) (Entered: 11/30/2005)

Nov. 30, 2005
16

STATUS REPORT filed 5/30/06 by the consent decree monitor (HK, ilcd) (Entered: 06/02/2006)

May 30, 2006
17

STATUS REPORT from Dana Pearl, complaint monitor dated 12/3/6. (HK, ilcd) (Entered: 12/11/2006)

Dec. 11, 2006
18

Letter from Dana M. Pearl, designated Complaint Monitor to Judge McDade. The letter serves as the May 2007 report as required by the Consent Decree. (RK, ilcd) (Entered: 06/04/2007)

June 4, 2007
19

STATUS REPORT for November 2007 filed by Dana M. Pearl, Complaint Monitor. (RK, ilcd) (Entered: 11/30/2007)

Nov. 30, 2007
20

STATUS REPORT by Pal Health Technologies, Inc. (RK, ilcd) (Entered: 06/02/2008)

June 2, 2008
21

STATUS REPORT by Dana Pearl dated 12/1/08. (RK, ilcd) (Entered: 12/02/2008)

Dec. 2, 2008

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two female employees and a class of female employees.

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

Pal Health Technologies, Inc. (Pekin, IL), Private Entity/Person

Case Details

Causes of Action:

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: 530000

Order Duration: 2005 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Monitoring

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits