Case: EEOC v. PROVIDENCE HEALTH SYSTEM

3:06-cv-00146 | U.S. District Court for the District of Alaska

Filed Date: June 14, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 14, 2006, the San Francisco District Office and Seattle Field Office of the EEOC filed this lawsuit against Providence Health System, doing business as Providence Alaska Medical Center, in the U.S. District Court for the District of Alaska alleging discrimination on the basis of age in violation of Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the complaint alleged the defendant failed to rehire the complaining parties after a layoff based upon their age.On June …

On June 14, 2006, the San Francisco District Office and Seattle Field Office of the EEOC filed this lawsuit against Providence Health System, doing business as Providence Alaska Medical Center, in the U.S. District Court for the District of Alaska alleging discrimination on the basis of age in violation of Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the complaint alleged the defendant failed to rehire the complaining parties after a layoff based upon their age.

On June 3, 2009, the parties entered into a three year Consent Decree in which the Defendants promised to be fully compliant with the ADEA (a zero-tolerance policy), and to pay the Plaintiffs a lump sum of $220,000 to be divided as the Plaintiffs see fit. The Consent Decree also required the Defendants to implement a non-discrimination policy, which would specifically say that age-based discrimination may result in disciplinary action, and would define age-based discrimination clearly. The goal of this policy was to make it easier for workers to come forward with complaints of age-based discrimination, and to offer quicker solutions to these complaints. The Defendants also agreed to educate their employees on the requirements of ADEA, and to report their progress to the Plaintiffs.

According to the terms of the Consent Decree, this case was closed and the agreement terminated on June 3, 2012.

Summary Authors

Joshua Arocho (6/20/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4121730/parties/equal-employment-opportunity-commission-v-providence-health/


Judge(s)

Beistline, Ralph R. (Alaska)

Attorneys(s) for Plaintiff

Esparza-Cervantes, Elizabeth (California)

Katahira, Wesley (Washington)

Mitchell, Marcia L (California)

Peck, Jonathan T. (California)

Stanley, John F. (Washington)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Stewart, Robert K. Jr. (Alaska)

Judge(s)

Beistline, Ralph R. (Alaska)

Attorneys(s) for Plaintiff

Esparza-Cervantes, Elizabeth (California)

Katahira, Wesley (Washington)

Mitchell, Marcia L (California)

Peck, Jonathan T. (California)

Stanley, John F. (Washington)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Stewart, Robert K. Jr. (Alaska)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Providence Health System

Feb. 1, 2008 Docket
1

Complaint

EEOC v. Providence Health System

June 14, 2006 Complaint
58

Consent Decree

EEOC v. Providence Health System

June 3, 2009 Settlement Agreement

Providence Alaska Medical Center Pays $220,000 to Operating Room Staff Laid Off Due to Age Bias

EEOC v. Providence Health System

No Court

June 3, 2009 Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4121730/equal-employment-opportunity-commission-v-providence-health/

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

ECF Number Description Date Link
1

COMPLAINT against Providence Health System-Washington d/b/a Providence Alaska Medical Center, filed by Equal Employment Opportunity Commission.(SMF)

June 14, 2006 RECAP
3

TEXT ORDER: Judge Sedwick hereby RECUSES from this case. The Clerk will please assign a new judge.(GMM, )

June 16, 2006 PACER
4

ORDER REASSIGNING CASE. Case reassigned to Judge Ralph R. Beistline for all further proceedings; use case # 3:06-cv-00146 RRB for all further proceedings. Judge John W. Sedwick no longer assigned to case. (LSC, )

June 16, 2006 RECAP
5

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Providence Health System-Washington d/b/a Providence Alaska Medical Center waiver sent on 6/15/2006, answer due 8/14/2006. (Katahira, Wesley)

June 19, 2006 RECAP
6

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re [5] Waiver of Service Executed (Katahira, Wesley)

June 19, 2006 RECAP
7

NOTICE of Appearance by Wesley Katahira on behalf of Equal Employment Opportunity Commission (Katahira, Wesley)

June 29, 2006 RECAP
8

Providence Health System-Washington's ANSWER to Complaint, Affirmative and Other Defenses by Providence Health System-Washington d/b/a Providence Alaska Medical Center.(Stewart Jr., Robert)

Aug. 10, 2006 RECAP
9

ORDER Rule 26 Meeting Report due by 9/18/2006. (CPB, COURT STAFF)

Aug. 21, 2006 RECAP
10

REPORT of Rule 26(f) Planning Meeting. (Stewart Jr., Robert)

Sept. 11, 2006 RECAP
11

SCHEDULING AND PLANNING ORDER. (JPS, COURT STAFF)

Sept. 11, 2006 RECAP
12

Witness List by Providence Health System-Washington d/b/a Providence Alaska Medical Center. (Stewart Jr., Robert)

Sept. 15, 2006 PACER
13

MOTION to Substitute Attorney by Equal Employment Opportunity Commission.(Katahira, Wesley)

Dec. 7, 2006 RECAP
14

ORDER granting [13] Motion to Substitute Attorney. Added attorney Elizabeth Esparza-Cervantes for Equal Employment Opportunity Commission. Attorney Wesley Katahira terminated. (JPS, COURT STAFF)

Dec. 11, 2006 RECAP
15

NOTICE of Unavailability of Counsel for Plaintiff EEOC by Elizabeth Esparza-Cervantes on behalf of Equal Employment Opportunity Commission (Esparza-Cervantes, Elizabeth)

Dec. 12, 2006 RECAP
16

Witness List by Providence Health System-Washington d/b/a Providence Alaska Medical Center. (Stewart Jr., Robert)

April 30, 2007 PACER
17

Witness List by Equal Employment Opportunity Commission. (Esparza-Cervantes, Elizabeth)

May 30, 2007 PACER
18

STIPULATION REQUESTING DISCOVERY CONFERENCE AND CONTINUANCE; [PROPOSED] ORDER RE: STIPULATION TO CONTINUE SCHEDULING ORDER [UNOPPPOSED] by Equal Employment Opportunity Commission.(Esparza-Cervantes, Elizabeth)

May 31, 2007 RECAP
19

ORDER granting [18] Stipulation for Extension of Deadlines. (JPS, COURT STAFF)

May 31, 2007 RECAP
20

NOTICE of Appearance by Marcia L. Mitchell on behalf of Equal Employment Opportunity Commission (Mitchell, Marcia)

Aug. 9, 2007 RECAP
21

Joint STIPULATION to Continue Rebuttal Expert Deadline by Equal Employment Opportunity Commission.(Mitchell, Marcia)

Oct. 18, 2007 RECAP
22

MINUTE ORDER: The Stipulation Requesting Continuance of Deadline for Rebuttal Expert Reports at Docket [21] is hereby GRANTED. Rebuttal Expert Witness Disclosures are due by the close of business on December 14, 2007. (JPS, COURT STAFF)

Oct. 18, 2007 PACER
23

Witness List by Equal Employment Opportunity Commission. (Mitchell, Marcia)

Dec. 14, 2007 PACER
24

Witness List by Providence Health System-Washington d/b/a Providence Alaska Medical Center. (Stewart Jr., Robert)

Dec. 14, 2007 PACER
25

Joint STIPULATION For Continuance of Pretrial Deadlines by Providence Health System-Washington d/b/a Providence Alaska Medical Center. (Attachments: # (1) Proposed Order)(Stewart Jr., Robert)

1 Proposed Order

View on RECAP

2 Proposed Order

View on PACER

Jan. 30, 2008 RECAP
26

ORDER granting [25] Stipulation to Extend Deadlines. Signed by Judge Ralph R. Beistline on 1/31/08. (JPS, COURT STAFF)

Feb. 1, 2008 RECAP
27

STATUS REPORT Joint by Equal Employment Opportunity Commission. (Mitchell, Marcia)

June 11, 2008 RECAP
28

STATUS REPORT ORDER: The parties are to submit a Status Report by 7/14/2008. (JPS, COURT STAFF)

June 17, 2008 PACER
29

NOTICE of Unavailability of Counsel by Equal Employment Opportunity Commission (Mitchell, Marcia)

June 17, 2008 RECAP
30

STATUS REPORT (JOINT) by Equal Employment Opportunity Commission. (Mitchell, Marcia)

July 14, 2008 RECAP
31

STATUS REPORT ORDER: The parties are to file closing paperwork or a Status Report by 9/22/2008. (JPS, COURT STAFF)

July 15, 2008 PACER
32

STATUS REPORT (JOINT) by Providence Health System−Washington d/b/a Providence Alaska Medical Center. (Stewart, Robert) (Entered: 09/25/2008)

Sept. 25, 2008
33

MINUTE ORDER: Pursuant to the Joint Status Report at Docket 32 , a further status report shall be filed by 12/1/2008. (JPS, COURT STAFF) (Entered: 09/26/2008)

Sept. 26, 2008
34

MOTION Joint Status Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 12/18/2008)

Dec. 18, 2008
35

AFFIDAVIT of Marcia L Mitchell in Support re 34 MOTION Joint Status Conference by Equal Employment Opportunity Commission. (Mitchell, Marcia)

Dec. 18, 2008
37

TEXT ORDER: Parties/counsel needing to attend the hearing at 10:00 AM (Alaska Time) today, January 15, 2009, shall call Meet Me Bridge "B" at 907−677−6247. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 01/15/2009)

Jan. 15, 2009
38

NOTICE OF HEARING: A Status Conference is scheduled in this matter for THURSDAY, FEBRUARY 19, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 01/15/2009)

Jan. 15, 2009
39

Minute Entry for proceedings held before Judge Ralph R. Beistline: Scheduling Conference held on 1/15/2009. Court ordered Ms. Mitchell to file Notice of Settlement and Vacate of Status Conference set for 02/19/2009 at 10:00 a.m. on or before 05/15/2009. Status Conference set for 2/19/2009 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Court Recorder SAL.)Plaintiff Counsel−Marcia Mithcell − Telephonic; Defense Counsel−Robert K. Stewart − Telephonic; (SAL, COURT STAFF) (Entered: 01/15/2009)

Jan. 15, 2009
40

MOTION for Leave to Appear Telephonic by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 02/17/2009)

Feb. 17, 2009
41

MEMORANDUM in Support of by Equal Employment Opportunity Commission 40 MOTION for Leave to Appear Telephonic filed by Equal Employment Opportunity Commission, 38 Order, Set Deadlines/Hearings. (Mitchell, Marcia) (Entered: 02/17/2009)

Feb. 17, 2009
42

TEXT ORDER: The Motion to Appear Telephonically at Docket 40 is GRANTED. Parties/counsel needing to attend telephonically are to call 907−677−6246 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 02/17/2009)

Feb. 17, 2009
43

NOTICE OF TELEPHONE NUMBER CHANGE: Parties/counsel needing to attend the Status Conference on 2/19/09 at 10:00 AM telephonically are to call 907−677−6247. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 02/17/2009)

Feb. 17, 2009
44

Minute Entry for proceedings held before Judge Ralph R. Beistline: Scheduling Conference held on 2/19/2009. Status Conference set for 3/26/2009 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Court Recorder CME.)Plaintiff Counsel−Marcia L. Mitchell, Telephonic; Defense Counsel−Robert K. Steward, Jr., Telephonic. (CME, COURT STAFF) (Entered: 02/19/2009)

Feb. 19, 2009
45

ORDER SCHEDULING HEARING: A Status Conference will be held in this matter on THURSDAY, MARCH 26, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 02/19/2009)

Feb. 19, 2009
46

MOTION for Leave to Appear telephonic on shortened time by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 03/26/2009)

March 26, 2009
47

MEMORANDUM by Equal Employment Opportunity Commission 46 MOTION for Leave to Appear telephonic on shortened time filed by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 03/26/2009)

March 26, 2009
48

TEXT ORDER: The Motion to Appear Telephonically at Docket 46 is GRANTED. Parties/counsel needing to attend the hearing on 3/26/09 at 10:00 AM telephonically are to call 907−677−6246 at the time of the hearing. (CC: Calendaring, ECRO) (JPS, COURT STAFF) (Entered: 03/26/2009)

March 26, 2009
50

NOTICE OF HEARING: A Status Conference will be held in this matter on TUESDAY, APRIL 28, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. Parties/counsel needing to attend telephonically are to call 907−677−6246 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 03/26/2009)

March 26, 2009
51

MOTION to Continue Status Conference (Unopposed) by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Mitchell, Marcia) (Entered: 04/24/2009)

April 24, 2009
52

MEMORANDUM by Equal Employment Opportunity Commission 50 Order,, Set Hearings,, Terminate Deadlines and Hearings, 51 MOTION to Continue Status Conference (Unopposed) filed by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 04/24/2009)

April 24, 2009
53

TEXT ORDER: The Motion to Continue at Docket 51 is granted. (JPS, COURT STAFF) (Entered: 04/24/2009)

April 24, 2009
54

ORDER RESCHEDULING HEARING: The Status Conference in this matter is RESCHEDULED and will be held on THURSDAY, MAY 14, 2009, at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. Parties/counsel needing to attend telephonically shall call 907−677−6246 at the time of the hearing. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 04/24/2009)

April 24, 2009
55

NOTICE of Settlement by Equal Employment Opportunity Commission (Mitchell, Marcia) (Entered: 05/08/2009)

May 8, 2009
56

TEXT ORDER: Pursuant to the Notice of Settlement filed at Docket 55 , the Status Conference scheduled for May 14, 2009, is VACATED. The parties are requested to file settlement paperwork or a status report on or before JUNE 1, 2009. (CC: Calendaring) (JPS, COURT STAFF) (Entered: 05/08/2009)

May 8, 2009
57

SETTLEMENT AGREEMENT (Consent Decree) by Equal Employment Opportunity Commission. (Mitchell, Marcia) (Entered: 06/02/2009)

June 2, 2009
58

CONSENT DECREE. (JPS, COURT STAFF) (Entered: 06/03/2009)

June 3, 2009

State / Territory: Alaska

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 14, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The EEOC on behalf of individuals who were not rehired after a layoff because of their age.

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

Providence Health System (Anchorage, Alaska), Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: $220,000

Order Duration: 2009 - 2012

Content of Injunction:

Retaliation Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits