Case: EEOC v. LUTHERAN MEDICAL CENTER

1:01-cv-05494 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 15, 2001

Closed Date: April 24, 2003

Clearinghouse coding complete

Case Summary

In August 2001, the New York District Office of the EEOC filed this lawsuit against Lutheran Medical Center in the U.S. District Court for the Eastern District of New York alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's Press Release that the defendant allegedly permitted the sexual harassment of a class of fe…

In August 2001, the New York District Office of the EEOC filed this lawsuit against Lutheran Medical Center in the U.S. District Court for the Eastern District of New York alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's Press Release that the defendant allegedly permitted the sexual harassment of a class of female employees when conducting employment-related medical examinations. The complainants intervened in this case in December 2001. Following a series of status and settlement conferences, the parties settled this lawsuit in May 2003 through a consent decree. The defendant was required to: pay a total of $5.425 million, with 1.308 million being divided among the 8 charging parties, revise its policies on anti-harassment, anti-retaliation, and pre-employment physical examinations and provide further training on anti-discrimination and anti-harassment issues.

Summary Authors

Keri Livingston (10/24/2007)

Documents in the Clearinghouse

Documents in this case

1:01-cv-05494

Docket

Equal Employment Opportunity v. Lutheran Medical Center

May 22, 2003

May 22, 2003

Docket

1:01-cv-05494

Draft Consent Decree

EEOC v. Lutheran Medical Center

March 28, 2003

March 28, 2003

Order/Opinion

2003 WL 21999600

46

1:01-cv-05494

Consent Decree

EEOC v. Lutheran Medical Center

April 9, 2003

April 9, 2003

Settlement Agreement

1:01-cv-05494

Hospital in New York to Pay over $5 Million to Settle Sexual Harrassment by Doctor

EEOC v. Lutheran Medical Center

No Court

April 9, 2003

April 9, 2003

Press Release
47

1:01-cv-05494

Stipulation of Dismissal with Prejudice

Givant, Linz, Emma, Larina, Dubson, Fidala, Gatto, and Rooney v. Lutheran Medical Center and Conrado Ponio, MD

May 22, 2003

May 22, 2003

Settlement Agreement

1:01-cv-05494

EEOC Litigation Settlement Report - April 2003

EEOC v. Lutheran Medical Center

No Court

Nov. 20, 2003

Nov. 20, 2003

Press Release

1:01-cv-05494

FY 2003 Office of General Counsel Annual Report

EEOC v. Lutheran Medical Center

No Court

Jan. 5, 2005

Jan. 5, 2005

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11528642/equal-employment-opp-v-lutheran-medical-cen/

Last updated Nov. 4, 2026, 5:29 p.m.

Docket for: Equal Employment Opp v. Lutheran Medical Cen
ECF Number Date Description Link
1 Aug. 15, 2001

COMPLAINT filed and summons(es) issued for Lutheran Medical Cen (Bowens, Priscilla) (Entered: 08/15/2001)

RECAP
4 Aug. 15, 2001

MOTION by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney to intervene as party plaintiffs . Motion hearing [4-1] motion (Piper, Francine) (Entered: 09/27/2001)

RECAP
5 Aug. 15, 2001

MEMORANDUM OF LAW by Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney in support of [4-1] motion by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney to intervene as party plaintiffs (Piper, Francine) (Entered: 09/27/2001)

RECAP
6 Aug. 15, 2001

AFFIRMATION of Robert L. Herbst Re: In support of [4-1] motion by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney to intervene as party plaintiffs. (Piper, Francine) (Entered: 09/27/2001)

RECAP
28 Aug. 15, 2001

Intervenor's COMPLAINT by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, and Katleen Rooney against Lutheran Medical Center, and Conrad Ponio, M.D. (Chee, Alvin) (Entered: 10/03/2002)

RECAP
Aug. 15, 2001

CASE REFERRED to Magistrate Cheryl L. Pollak (Bowens, Priscilla) (Entered: 08/15/2001)

PACER
Aug. 15, 2001

CASE REFERRED to Magistrate Cheryl L. Pollak (Bowens, Priscilla)

2 Sept. 10, 2001

ORDER, dft's Lutheran Medical Center and Conrad Ponio, M.D. are each ordered to serve on the pltffs-intervenors their response to that part of the motion concerning the state law claims no later than 9/24/01. Pltffs-Intervenors will serve their reply papers, if any no later than 10/1/01. Pltffs-Intervenors will file the fully briefed motion with the court no later than 10/4/01. ( signed by Judge Reena Raggi, on 9/6/01) (Piper, Francine) (Entered: 09/10/2001)

RECAP
3 Sept. 27, 2001

LETTER dated 9/21/01 from Bettina Plevan to Judge Raggi, Lutheran Medical Center request a thirty day extension until 10/24/01 to respond to the pending motion to intervene. (Piper, Francine) (Entered: 09/27/2001)

RECAP
7 Sept. 27, 2001

ORDER, the deft. Lutheran Medical Center requests a thirty-day extension of time in which to respond to the motion to intervene, and notes the consent of moving counsel. The court hereby grants this request and orders defts. Lutheran Medical Center and Conrad Ponio, M.D. to serve their response no late than 10/24/01. The pltfs.-intervenors will serve their reply papers, if any, no later than 10/31/01. The pltfs.-intervenors will file the fully-briefed motion with the court no later than 11/2/01. ( signed by Judge Reena Raggi, on 9/25/01). c/m (Greene, Donna) (Entered: 09/28/2001)

RECAP
8 Oct. 17, 2001

STIPULATION and ORDER: The last day for defendant to serve an answer to complaint will be 11/15/01 (rather than 10/15/01). C/M by chambers. ( signed by Judge Reena Raggi, on 10/16/01) (Chee, Alvin) (Entered: 10/17/2001)

RECAP
9 Nov. 15, 2001

LETTER dated 10/24/01 from Loren Gesinsky to Judge Raggi, writing to inform the court that the parties have agreed orally that pltfs.-intervenors be permitted to intervene against LMC and Conrado Poio, M.D. (Greene, Donna) (Entered: 11/15/2001)

RECAP
10 Nov. 21, 2001

NOTICE of Temporary Address of the Equal Employment Opportunity Commissions. (Piper, Francine) (Entered: 11/21/2001)

RECAP
11 Dec. 3, 2001

ORDER, the court schedules a status conference for 12/4/01 at 9:00. ( signed by Judge Reena Raggi, on 11/27/01) c/m (Piper, Francine) (Entered: 12/03/2001)

RECAP
12 Dec. 4, 2001

LETTER dated 11/27/01 from Robert Herbst to Judge Raggi, confirming that the status conference will be held on 12/4/01 at 9:00. (Piper, Francine) (Entered: 12/04/2001)

RECAP
13 Dec. 5, 2001

ORDER, granting [4-1] motion by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney to intervene as party plaintiffs. The time for dfts to answer the complaint and complaint in intervention shall be extended to 1/22/01. ( signed by Judge Reena Raggi, on 12/4/01) c/m (Piper, Francine) (Entered: 12/05/2001)

RECAP
14 Dec. 14, 2001

LETTER dated 11/26/01 from Robert Herbst to Judge Raggi, requesting a brief in-court conference. (Piper, Francine) (Entered: 12/14/2001)

RECAP
15 Dec. 14, 2001

LETTER dated 11/30/01 from Bettina Plevan to Judge Raggi, in response to the 11/26 letter from intervenors counsel and in anticipation of the 12/4 conference. (Piper, Francine) (Entered: 12/14/2001)

RECAP
16 Dec. 14, 2001

LETTER dated 12/1/01 from Loren Gesinsky to Judge Raggi, enclosing the proposed order permitting intervention and the stipulation discontinuing action which were omitted inadvertently from the 11/30/01 letter to the court. (Piper, Francine) (Entered: 12/14/2001)

RECAP
17 Feb. 1, 2002

STIPULATION and ORDER, the last day for dfts to serve answers to the complaint and the complaint in intervention will be 3/8/02. ( signed by Judge Reena Raggi, on 1/28/02) c/m (Piper, Francine) (Entered: 02/01/2002)

RECAP
18 March 7, 2002

DEMAND for jury trial by Equal Employment Opp. (Chee, Alvin) (Entered: 03/26/2002)

RECAP
19 April 4, 2002

ORDER, An Initial Conference has been scheduled for 5/28/02 at 12:00 before Mag. Pollak. ( signed by Magistrate Cheryl L. Pollak, on 4/1/02) (Piper, Francine) (Entered: 04/04/2002)

RECAP
20 April 5, 2002

STIPULATION and ORDER, the last day for dfts to serve answers to the amended complaint and the complaint in intervention will be 5/22/02. ( signed by Judge Reena Raggi, on 4/2/02) c/m (Piper, Francine) (Entered: 04/05/2002)

RECAP
22 May 28, 2002

Calendar entry: Before Mag. Pollak on 5/28/02. Case called. Next conference scheduled for 9/4 at 11:30. Deadline for diling answers extended; date to be set at next conf. Parties to confer in questionaire to be setn to claimants re injuries. Settlement discussions ongoing. Conference 9/4 at 11:30. (Greene, Donna) (Entered: 05/29/2002)

RECAP
21 May 29, 2002

LETTER dated 5/23/02 from Kam S. Wong to Mag. Pollak, advising that EEOC is still in the process of ascertaining the size and nature of the class claims and intend to make an offer to dft by the end of May 2002. (Piper, Francine) (Entered: 05/29/2002)

RECAP
23 May 31, 2002

INTER-OFFICE MEMO from M.J. Pollak to Terry Vaughn, Operations Mgr., dated 5/29/02, recusing herself from this case & requesting that another mag. judge be assigned by random selection. (Vaughn, Terry) (Entered: 05/31/2002)

RECAP
May 31, 2002

CASE REFERRED to Magistrate Marilyn D. Go. See Doc. No. 23. Chambers notified by e'mail. (Vaughn, Terry)

24 June 28, 2002

ORDER setting status conference for 7/17/02 at 10:00 before Mag. Go. ( signed by Magistrate Marilyn D. Go, on 6/27/02). (Greene, Donna) (Entered: 06/28/2002)

RECAP
25 Aug. 5, 2002

Calendar entry: before MJ Go on 8/5/02 for status conference. Counsel for parties present. Further settlement discussions held. A scheduling order will be issued at the next conference if substantial progress is not made in negotiations. The next conference scheduled for 9/5/02 at 2:30 PM. (Chee, Alvin) (Entered: 08/08/2002)

RECAP
26 Aug. 5, 2002

Calendar entry: Before Mag. Go on 8/5/02 for a Status Conference. Further settlement discussion held. A Scheduling Order will be issued at the next conference if substantial progress is not made in negotiations. Next conference 9/5/02 at 2:30. (Piper, Francine) (Entered: 08/22/2002)

RECAP
27 Sept. 3, 2002

Calendar entry: Before Mag. Go on 9/3/02 for a Status Conference. Unsuccessful settlement discussions held. Dft's time to answer the complaint is extended to 9/30/02. Factual discovery to be completed by 5/30/02. Next conference 10/18/02 at 2:00. (Piper, Francine) (Entered: 09/05/2002)

RECAP
29 Sept. 30, 2002

ANSWER by Conrad Ponio to [28-1] intervenor complaint. (Chee, Alvin) (Entered: 10/03/2002)

RECAP
30 Oct. 1, 2002

ANSWER by Lutheran Medical to [28-1] intervenor complaint. (Chee, Alvin) (Entered: 10/03/2002)

RECAP
31 Oct. 1, 2002

ANSWER by Lutheran Medical Cen to amended complaint. (Chee, Alvin) (Entered: 10/03/2002)

RECAP
32 Oct. 1, 2002

Disclosure of interested parties by Lutheran Medical. (Chee, Alvin) (Entered: 10/03/2002)

RECAP
Oct. 7, 2002

CASE reassigned to VJ, Leonard B. Sand from Judge Reena Raggi. (Bowens, Priscilla) (Entered: 10/10/2002)

PACER
Oct. 7, 2002

CASE reassigned to VJ, Leonard B. Sand from Judge Reena Raggi. (Bowens, Priscilla)

33 Oct. 21, 2002

ORDER granting the adjournment of the conference dtd 10/18/02 until 12/17/02 at 11:30am. ( signed by Magistrate Marilyn D. Go, on 10/17/02) (see letter dtd 10/17/02 by Loren Gesinsky, Esq. to Mag. Go). (Sica, Michele) (Entered: 10/21/2002)

RECAP
34 Nov. 7, 2002

E.E.O.C.'S NOTICE of Address Change, as of 11/12/02. the New YOrk District Office of the EEOC is moving to 33 Whitehall Street, 5th Floor, NY,NY 10004. (Piper, Francine) (Entered: 11/08/2002)

RECAP
35 Dec. 17, 2002

Calendar entry: before MJ Go on 12/17/02 for status conference. Counsel for parties present. Further settlement discussions held. Parties with authority to settle must be available in person or by telephone at the next conference. Next conference scheduled for 1/10/03 at 11:30 AM. (Chee, Alvin) (Entered: 12/26/2002)

RECAP
36 Jan. 10, 2003

Calendar entry: Settlement conf held 1/10/03 before MJ Go. Counsel for both sides present. After discussions with the court, the parties reached an agreement on an amount to settle this action, which must be incorporated in a written settlement agreement also encompassing non-monetary relief. Next conf set for 1/27/03 at 5:00pm. (Fahey, Lauren) (Entered: 01/14/2003)

RECAP
37 Jan. 27, 2003

Calendar entry: Before Mag. Go on 1/27/03 for a Status Conference. Prior to the next conference, the parties should send the court copies of the settlement documents containing any disputed languaged. Next conference 2/3/03 at 4:00. (Piper, Francine) (Entered: 01/31/2003)

RECAP
38 Feb. 3, 2003

Calendar entry: Before Status Conference on 2/3/03 for a Status Conference. Further discussions held regarding the settlement in light of recent developments and the terms of the proposed written settlement agreement. Next Conference 2/5/03 at 5:00 (by telephone). (Piper, Francine) (Entered: 02/06/2003)

RECAP
39 Feb. 5, 2003

Calendar entry: Before Mag. Go on 2/5/03 for a Status Conference. Next Conference 2/26/03 at 5:30. (Piper, Francine) (Entered: 02/07/2003)

RECAP
40 Feb. 26, 2003

Calendar entry: Before Mag. Go on 2/26/03 for a Status Conference. Revised settlement agreements must be sent to plaintiffs by the beginning of next week. Next conference 3/11/03 at 4:30. (Piper, Francine) (Entered: 03/05/2003)

RECAP
43 March 11, 2003

Calendar entry: Before Mag. Go on3/11/03 at 4:30. Case called. Further settlement discussions held. Next conference scheduled for 3/13/03 at 4:30. (Greene, Donna) (Entered: 03/14/2003)

RECAP
41 March 12, 2003

LETTER dated 3/7/03 from Bettina B. Plevan to Mag. Go, requesting that the settlement conference currently scheduled for 3/11 be rescheduled for later in the week. (Greene, Donna) (Entered: 03/12/2003)

RECAP
March 12, 2003

Endorsed order on doc. #41. Application denied. However, the parties may appear by telephone conference call. Pltf. should endeavor to respond to defts. latest settlement documents earlier than Monday afternoon. Notify the other parties. ( Signed by Magistrate Marilyn D. Go , on 3/7/03) (Greene, Donna) (Entered: 03/12/2003)

PACER
March 12, 2003

Endorsed order on doc. #41. Application denied. However, the parties may appear by telephone conference call. Pltf. should endeavor to respond to defts. latest settlement documents earlier than Monday afternoon. Notify the other parties. ( Signed by Magistrate Marilyn D. Go, on 3/7/03) (Greene, Donna)

42 March 13, 2003

Calendar entry: Before Mag. Go on 3/13/03 at 4:30. Case called. Next conference scheduled for 3/18/03 at 5:00. The parties are progressing in resolving disputes ove the terms of the written settlement agreement. (Greene, Donna) (Entered: 03/14/2003)

RECAP
44 March 18, 2003

Calendar entry: Before Mag. Go on 3/18/03 at 5:00. Case called. Further discussions held. Next conference scheduled for 3/26/03 at 2:00 (by tel). (Greene, Donna) (Entered: 03/25/2003)

RECAP
45 April 9, 2003

LETTER dated 4/9/03 from Kam Wong to Clerk of Court, enclosing a Consent Decree. (Piper, Francine) Modified on 04/24/2003 (Entered: 04/14/2003)

RECAP
46 April 9, 2003

CONSENT DECREE. LMC shall pay a total of $5,425,000 to be distributed amongst Claimants, Charging Parties, and Charging Parties attorneys. ( signed by VJ, Leonard B. Sand on 4/21/03). ** See Decree for more details ** (Greene, Donna) (Entered: 04/24/2003)

RECAP
April 24, 2003

Case closed (Greene, Donna) (Entered: 04/24/2003)

PACER
April 24, 2003

Case closed (Greene, Donna)

47 May 22, 2003

STIPULATION OF DISMISSAL WITH PREJUDICE. ( Signed by Judge VJ, Leonard B. Sand on 5/19/03). (Piper, Francine) (Entered: 05/22/2003)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Aug. 15, 2001

Closing Date: April 24, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Lutheran Medical Center

M.D. Conrad Ponio

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Eastern District of New York 1:01-cv-05494

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reinstatement (job, contract, grant, etc.)

Reporting

Amount Defendant Pays: 5425000

Order Duration: 2003 - 2006

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation