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Case Name EEOC v. BEVERLY ENTERPRISES - MISSOURI, INC. EE-MO-0012
Docket / Court 4:98CV01579 MLM ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District ... read more >
On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District of Missouri. The defendants operated nursing homes in the St. Louis area. The EEOC alleged that the defendants had violated the rights of ten of their employees by discriminating against them on the basis of race or by retaliating against them for complaining on behalf of another employee who suffered discrimination on the basis of their race. We have no record of the complaint in this case.

On February 23, 2000, after several failed motions to dismiss and motions for summary judgment, the defendants succeeded in having the claims of one of the complainants dismissed for failure to prosecute.

On July 2, 2001, the parties entered into a consent decree, which the court adopted three days later. Under the terms of the decree, the defendants agreed to pay a total of $1,199,000.00 in compensatory and emotional distress damages, a sum which included $35,000 in litigation costs to be paid to the U.S. Treasury on behalf of the work done in this case by the EEOC. In addition, the defendants agreed to terminate the employment of the supervisor whose discriminatory behavior was the subject of this lawsuit, and to place in her personnel file a letter stating that they will never employ her again. The defendants agreed to provide neutral reference letters for all of the complainants in this case and to post their anti-discrimination policy at their place of business. Defendants agreed to suspend (for one week) and retrain the person who failed to adequately investigate and handle the complainants' original complaints of discrimination. His training was to take place within 6 months of the entry of the decree, and he was to be trained on the proper investigation of discrimination complaints. Within 45 days, the defendants were to certify to the defendants that they had posted the required notice of anti-discrimination policies at their place of business, and the defendants were to annually certify thereafter to the EEOC that they were in full compliance with the terms of the decree. Additional certification of compliance may also be required to be produced to the EEOC on demand.

After adopting the consent decree, which was to last for 36 months, the district court dismissed the case.

Justin Kanter - 03/18/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Neutral/Positive Reference
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Beverly Enterprises - Missouri, Inc.
Beverly Enterprises, Inc.
Beverly Health and Rehabilitation Services, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
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 2001 - 2004
Case Closing Year 2001
Case Ongoing No
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)
4:98-cv-01579-RWS (E.D. Mo.) 07/05/2001
EE-MO-0012-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Opinion 09/15/1999 (E.D. Mo.)
EE-MO-0012-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Protective Order 09/22/1999 (E.D. Mo.)
EE-MO-0012-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/22/1999 (E.D. Mo.)
EE-MO-0012-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order to Show Cause 01/25/2000 (E.D. Mo.)
EE-MO-0012-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 01/27/2000 (E.D. Mo.)
EE-MO-0012-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 02/23/2000 (E.D. Mo.)
EE-MO-0012-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Settles Racial Harassment Suit with St. Louis Nursing Home for $1.2 Million 07/02/2001
EE-MO-0012-0001 PDF | Detail
Consent Decree 07/05/2001
EE-MO-0012-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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