EEOC v. Angel Medical Center, Inc.

Filing 29

CONSENT DECREE. Signed by District Judge Martin Reidinger on 12/4/14. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,

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and
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SUSAN WILLIAMS,
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Plaintiff-Intervenor, )
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v.
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ANGEL MEDICAL CENTER, INC.,
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Defendant.
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_____________________________________ )

Civil Action No: 2:13-cv-00034

CONSENT DECREE

The Equal Employment Opportunity Commission (the “Commission”) instituted this
action pursuant to Section 107(a) of the Americans with Disabilities Act, 42 U.S.C. § 12117(a)
(“ADA”), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) (“Title VII”), and
Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s complaint
alleged that Defendant Angel Medical Center, Inc. (“Defendant”) discriminated against Susan
Williams by failing to provide her with a reasonable accommodation for her disability, cancer,
and by terminating Williams’ employment because of her disability. Thereafter, Susan Williams
intervened, through counsel, alleging violations of the ADA and state law.
The Commission, Plaintiff-Intervenor, and the Defendant hereby stipulate to jurisdiction
of the Court over the parties and agree that the subject matter of this action is properly before the
Court. This Consent Decree shall not constitute an adjudication of or finding on the merits of the
case and shall not be construed as an admission by Defendant of any violation of the ADA.
Likewise, in entering this Consent Decree the Commission does not disavow the allegations in

its Complaint.
The parties have advised this Court that they desire to resolve the allegations in the
Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole,
that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the
purpose and provisions of the ADA will be promoted and effectuated by the entry of the Consent
Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in
paragraphs 1 through 15 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
1.

Defendant shall not discriminate against any person on the basis of disability

within the meaning of the ADA, including by failing to provide a reasonable accommodation or
discharging an employee based on his or her disability.
2.

Defendant shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under the ADA or because of the filing of a charge, the
giving of testimony or assistance, or the participation in any investigation, proceeding or hearing
under that statute.
3.

Defendant shall pay Eighty-Five Thousand Dollars ($85,000) in settlement of the

claims raised in this action. Defendant shall make payment as follows:
A. To Susan Williams, the sum of Thirty-One Thousand Three Hundred
Twenty Dollars ($31,320), less applicable state and federal holding
deductions, representing any wages, salary, employment benefits, back
pay, front pay, vacation benefits, or any other compensation or other
remuneration owed or alleged to be owed to Williams at the time of
the execution of this Consent Decree. Defendant shall make payment
by issuing a check payable to “Susan Williams.” Defendant agrees to
execute an IRS Tax Form W-2 reflecting the amount in this
subparagraph at the appropriate time pursuant to IRS regulations.

B. To Susan Williams, the sum of Thirty-Three Thousand Six Hundred
Eighty Dollars ($33,680) in settlement of her claims for compensatory
damages and reimbursement of expenses related to her allegations.
Defendant shall make payment by issuing a check payable to “Susan
Williams.” Defendant agrees to execute an IRS Tax Form 1099-MISC
to Williams reflecting the amount paid to Williams at the appropriate
time pursuant to IRS regulations. The parties agree that no portion of
this payment listed in this paragraph represents wages, back pay, front
pay, or any other earnings.
C. To Hyler & Lopez, PA, the sum of Twenty-Thousand Dollars
($20,000) representing attorneys' fees and expenses. Defendant shall
make payment by issuing a check payable to “Hyler & Lopez, PA” as
counsel for Williams. Defendant agrees to issue an IRS Tax Form
1099-MISC to Hyler & Lopez, PA, reflecting these attorneys’ fees and
costs, at the appropriate time pursuant to IRS regulations.
Defendant shall make the above payments within ten (10) days after the Court approves
this Consent Decree. Defendant shall mail the checks payable to Ms. Williams at an address to
be provided by the Commission. Defendant shall mail the check payable to Hyler & Lopez, PA
to Stephan P. Agan, Esq., Hyler & Lopez, PA, 38 Orange Street, Asheville, NC 28801. Within
ten (10) days after the checks have been sent, Defendant shall report compliance with this
provision to the Commission. Neither the Commission nor Defendant make any representation,
or assume any responsibility for any tax liability, assessments, interest, penalties and/or costs that
Susan Williams may or may not incur on the above payments under local, state and/or federal
law.
4.

Within ten (10) days of the entry of this decree by the Court, Defendant shall

eliminate from the personnel file and personnel records of Susan Williams any and all
documents, entries, or references of any kind relating to the facts and circumstances which led to
the filing of EEOC Charge Number 430-2012-00822 and the related events that occurred
thereafter. Additionally, Defendant shall change all references in its paper and computerized
personnel records for Susan Williams (a) from “terminated” to “voluntarily resigned,” and (b) to

reflect that Williams is eligible for rehire. Within fifteen (15) days of the entry of this decree by
the Court, Defendant shall report compliance with this provision to the Commission by providing
the Commission copies of both the original and revised personnel records whereon said changes
have been made.
5.

Within thirty (30) days of the entry of this Decree by the Court, Defendant shall

revise, implement, and distribute its “Disability Accommodation Process” policy, attached hereto
as Exhibit B, to include the following: (a) a statement that an employee or job applicant may
initiate a request for a reasonable accommodation orally or in writing; (b) a statement that
request for a reasonable accommodation may be initiated by a family member, health
professional, or other representative on behalf of the employee or job applicant; (c) a statement
that an individual’s oral request will start the reasonable accommodation process; (d) a statement
defining a “request for accommodation” as any statement that an individual needs an adjustment
or a change at work or in the application process for a reason related to a medical condition; and
(e) a statement that a modified work program may be a reasonable accommodation. If Defendant
requires an employee or job applicant to complete a reasonable accommodation request form for
recordkeeping purposes, the form shall be attached to the revised “Disability Accommodation
Process” policy.
Defendant shall distribute to each current employee a copy of the policy within forty-five
(45) days of the entry of this Consent Decree. Within fifty (50) days of the entry of this decree,
Defendant shall report compliance to the Commission. During the term of this Decree,
Defendant shall distribute the policy to all new employees and review it with them at the time of
hire.
6.

During the term of this decree, Defendant shall post a copy of the revised policy

described in paragraph 5, supra, in all of their facilities in a place where it is visible to
employees. If the policy becomes defaced or unreadable, Defendant shall replace it by posting
another copy of the policy. Within one hundred (100) days after the Consent Decree is entered,
Defendant will post the revised policy and notify the EEOC that it has been posted.
7.

During the term of this Decree, Defendant shall provide an annual training

program to all of its managers, supervisors and employees. Each training program shall include
an explanation of the requirements of the ADA, including the provision of reasonable
accommodations to qualified persons with disabilities. Each training program shall also include
an explanation of Defendant’s policy referenced in paragraph 5, above, and an explanation of the
rights and responsibilities of employees, supervisors, and managers under the policy.
The first training program shall be completed within one hundred (100) days after entry
of the decree by the Court. Each subsequent training program shall be conducted at
approximately one-year intervals. At least fifteen (15) days prior to each program, Defendant
shall submit to the Commission an agenda for the training program by electronic mail sent to
[e-mail]. The agenda should contain sufficient detail to
show that the items mentioned immediately above (in this paragraph) will be included in the
training. If the agenda meets this requirement, Defendant should presume that the agenda is
approved unless contacted by the Commission regarding the agenda within five (5) days of
submission of the agenda. Within ten (10) days after completion of each training program,
Defendant shall certify to the Commission the specific training which was undertaken and shall
provide the Commission with a roster of all employees in attendance.
8.

Beginning within thirty (30) days after the entry of this Decree by the Court, and

continuing throughout the term of this Decree, Defendant shall conspicuously post the attached

Employee Notice, marked Exhibit A, hereby made a part of this Decree, in a place where it is
visible to employees at its facilities. If the Notice becomes defaced or unreadable, Defendant
shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of
this Decree, Defendant shall notify the Commission that the Notice has been posted pursuant to
this provision.
9.

During the term of this Consent Decree, Defendant shall provide the Commission

with reports at six (6) month intervals, with the first being due four (4) months after approval by
the Court of this Decree. The reports will include the following information:
A.

Identify each individual who requested an accommodation for a disability
or impairment, including by way of identification each person’s name,
address, telephone number, position, date of accommodation request,
accommodation requested, whether the request was granted, and what, if
any, accommodation was provided to the individual;

B.

for each individual identified in response to9.A. above who was not
provided with an accommodation, provide a detailed explanation as to
why the request was not granted and identify all individual(s) involved in
the decision regarding the accommodation request; and

C.

identify each employee discharged during the reporting period who at any
time since the entry of the Consent Decree requested an accommodation
for a disability or impairment, and state the date of and reason for
discharge and identify all individual(s) involved in the decision regarding
the discharge.

Defendant agrees that within forty-eight (48) hours of a request by the Commission,
Defendant shall provide social security numbers for individuals identified in paragraph 9.A
above, as requested by the Commission.
In the event there is no activity to report pursuant to this paragraph, Defendant shall send
the Commission a “negative” report indicating no activity.
10.

The Commission may review compliance with this Decree. As part of such

review, upon forty-eight (48) hours notice to Defendant by sending an e-mail to Martin

Wadewitz, Regional Risk Manager, at [e-mail], the Commission may inspect
Defendant’s facility, interview employees and examine and copy documents. No notice shall be
required with respect to compliance review for postings identified in paragraphs 6 and 8 supra.
11.

If anytime during the term of this Decree, the Commission believes that

Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation
to Defendant. Defendant shall have twenty (20) days in which to investigate and respond to the
allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional
period as may be agreed upon by them, in which to engage in negotiation regarding such
allegations before the Commission exercises any remedy provided by law.
12.

The term of this Decree shall be for two (2) years from its entry by the Court.

13.

All reports or other documents sent to the Commission by Defendant pursuant to

this Consent Decree shall be sent by electronic mail to: (1) [e-mail]; or (2) if by regular mail to - Lynette A. Barnes, Regional Attorney, Equal
Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202.
14.

Each party shall bear its own costs and attorney’s fees.

15.

This Court shall retain jurisdiction of this cause for purposes of monitoring

compliance with this Decree and entry of such further orders as may be necessary or appropriate.
This Decree shall expire by its own terms at the end of two (2) years without further action by
the parties.
IT IS SO ORDERED.

Signed: December 4, 2014

The parties jointly request that the Court approve and enter the Consent Decree:
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff
P. DAVID LOPEZ
General Counsel
JAMES L. LEE
Deputy General Counsel
GWENDOLYN YOUNG REAMS
Associate General Counsel

SUSAN WILLIAMS, Plaintiff-Intervenor
s/ Stephan P. Agan_____________________
STEPHAN P. AGAN (NC Bar 35763)
Email: [e-mail]
GEORGE B. HYLER, JR. (NC Bar 5682)
Email: [e-mail]
HYLER & LOPEZ, P.A.
38 Orange St.
Asheville, NC 28801
Telephone: [phone]
Facsimile:
[phone]

s/Lynette A. Barnes_________________
LYNETTE A. BARNES (NC Bar 19732)
Regional Attorney
129 West Trade Street, Suite 400
Charlotte, NC 28202

ATTORNEYS FOR PLAINTIFFINTERVENOR

KARA GIBBON HADEN (NC Bar 26192)
Supervisory Trial Attorney

ANGEL MEDICAL CENTER, INC., Defendant

s/Amy E. Garber___________________
AMY E. GARBER (VA Bar 37336)
Senior Trial Attorney
Email: [e-mail]
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, Charlotte District Office
200 Granby Street, Suite 739
Norfolk, VA 23510
Telephone: [phone]
Facsimile:
[phone]
ATTORNEYS FOR PLAINTIFF

s/Jonathan Yarbrough_____________________
JONATHAN YARBROUGH (NC Bar 21316)
CONSTANGY, BROOKS & SMITH, LLP
84 Peachtree Rd., Suite 230
Asheville, NC 28803
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANT

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
v.
ANGEL MEDICAL CENTER, INC.,
Defendant.
___________________________________________

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Civil Action No: 2:13-cv-00034

EMPLOYEE NOTICE

This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity
Commission (“EEOC) and Angel Medical Center, Inc. (“Angel Medical Center”) in a case of
discrimination based on disability. Specifically, the EEOC alleged that Angel Medical Center failed to
provide an employee with a reasonable accommodation and discharged the employee because of the
employee’s disability, all in violation of the Americans with Disabilities Act (the “ADA”). As part of the
settlement, Angel Medical Center agreed to pay monetary damages and to take other actions set out in the
Consent Decree resolving this matter.
Federal law requires that employers not discriminate against any employee or applicant for
employment because of the individual’s race, color, religion, sex, national origin, age (40 or older) or
disability. The ADA specifically prohibits discrimination based on an individual’s disability. Federal law
also prohibits retaliation against employees because they have opposed unlawful employment
discrimination, or because they gave testimony, provided assistance in, or participated in an employment
discrimination investigation, proceeding, or hearing, or otherwise asserted their rights under the laws
enforced by the EEOC.
Angel Medical Center will comply with such federal laws in all respects. Furthermore, Angel
Medical Center will not take any actions against employees because they have exercised their rights,
reported an alleged violation under the law, or given testimony, assistance, or participation in any
investigation, proceeding, or hearing conducted by the U.S. Equal Employment Opportunity Commission.
Employees have the right and are encouraged to exercise that right, to report allegations of
employment discrimination in the workplace. An employee may contact their local U.S. Equal
Employment Opportunity Commission field office for the purpose of filing a charge of employment
discrimination. To locate the nearest field office, contact:
Equal Employment Opportunity Commission
131 M. Street, N.E.
Washington, DC 20507
TEL: [phone]
TTY: 1-800-669-6820
This Notice will remain posted for at least two (2) years by agreement with the EEOC.
DO NOT REMOVE THIS NOTICE UNTIL: _________

EXHIBIT