University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. HIGHLAND HOSPITAL/STRONG HEALTH INC EE-NY-0072
Docket / Court 6:05-cv-06365-CJS-JWF ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In July 2005, the New York District Office of the EEOC brought this suit against Highland Hospital of Rochester, Inc. and related businesses in the U.S. District Court for the Western District of New York alleging discrimination on the basis of national origin in violation of Title VII of the Civil ... read more >
In July 2005, the New York District Office of the EEOC brought this suit against Highland Hospital of Rochester, Inc. and related businesses in the U.S. District Court for the Western District of New York alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant discriminated against the charging parties, Hispanic employees, by maintaining an English-only/No Spanish rule and formally disciplining some of them for speaking Spanish. After some scheduling orders, the parties settled through a consent decree in May 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: remove any disciplinary notices involving the use of Spanish from employees' personnel files, implement and distribute an anti-discrimination policy, provide Title VII training, report to the EEOC at specified intervals, post a notice of the decree, and pay $200,000 to be distributed among eight individuals.

Michele Marxkors - 06/29/2007


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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
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Impact
Disparate Treatment
Pattern or Practice
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Highland Hospital of Rochester, Inc.
Strong Health MCO IPA Inc.
Strong Health MCO IPA Inc.
Strong Heatlh MCO, LLP
Strong Partners Health System, 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 2006 - 2009
Case Closing Year 2006
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)
6:05-cv-06365-CJS-JWF (W.D.N.Y.) 09/21/2006
EE-NY-0072-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/13/2005
EE-NY-0072-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 05/09/2006
EE-NY-0072-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report - May 2006 08/14/2006
EE-NY-0072-0003.pdf | Detail
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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