University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Founders Pavilion, Inc. EE-NY-0279
Docket / Court 6:13-cv-06250-CJS ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
In May 2013, the EEOC brought this suit against Founders Pavilion, Inc. in the U.S. District Court for the Western District of New York, under the Genetic Information Nondiscrimination Act of 2008, Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991.

In ... read more >
In May 2013, the EEOC brought this suit against Founders Pavilion, Inc. in the U.S. District Court for the Western District of New York, under the Genetic Information Nondiscrimination Act of 2008, Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991.

In this case, it is alleged that Founders has engaged in several unlawful practices.
(1) Founders requested family medial history as part of its pre-employment, return-to-work, and annual medical exams in violation of the Genetic Information Nondiscrimination Act of 2008.
(2) Founders fired a certified nurse assistant because of "concern the risk that may exist both for [her] and the residents of Founders" even though her doctor explained that she was able to work.
(3) Founders fired a certified nurse assistant because of a back injury though emergency medical personnel who examined her said that she was not injured.
(4) Founders fired a certified nurse assistant after refusing accommodating her with additional time to learn which was required by her disability.
(5) Founders did not hire a certified nurse assistant applicant because she was pregnant.
(6) Founders withdrew a certified nurse assistant position offer because it noticed the would-be employee was pregnant.
(7) Founders fired a certified nurse assistant shortly before she had an emergency caesarean section.

The EEOC and Founders agreed to settle with the following major terms:
(1) Founders would provide a fund of $110,400 for 138 individuals who were requested to submit their genetic information including their family's medical history.
(2) Founders would pay $259,600 to five individuals who were fired or denied positions.
(3) Founders and its business successor would implement new anti-discrimination policy and provide anti-discrimination training to its employees and report periodically to the EEOC.

The case was closed.

Kowa Takata - 12/25/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Disability
disability, unspecified
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
Pregnancy discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Mental Disability
Learning disability
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Founders Pavilion, Inc
Plaintiff Description EEOC.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2014 - 2019
Case Closing Year 2014
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
6:13-cv-06250-CJS (W.D.N.Y.) 01/09/2014
EE-NY-0279-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/16/2013
EE-NY-0279-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 06/17/2013
EE-NY-0279-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/09/2014 (W.D.N.Y.)
EE-NY-0279-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Founders Pavilion Will Pay $370,000 to Settle EEOC Genetic Information Discrimination Lawsuit 01/13/2014
EE-NY-0279-0004.pdf | Detail
Document Source: EEOC.gov
Judges Siragusa, Charles J. (W.D.N.Y.)
EE-NY-0279-0003 | EE-NY-0279-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Raechel (New York)
EE-NY-0279-0001
Batog, Konrad (New York)
EE-NY-0279-0002 | EE-NY-0279-0004 | EE-NY-0279-9000
Grossman, Elizabeth (New York)
EE-NY-0279-0001 | EE-NY-0279-0002 | EE-NY-0279-0003 | EE-NY-0279-9000
O'Brien, Michael J. (New York)
EE-NY-0279-0001 | EE-NY-0279-0002 | EE-NY-0279-9000
Rose, Robert D. (New York)
EE-NY-0279-0002
Defendant's Lawyers Galewski, Roy R. (New York)
EE-NY-0279-0003
Moore, Daniel J. (New York)
EE-NY-0279-9000
Tolpa, Joseph (New York)
EE-NY-0279-0003
Other Lawyers None on record

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