The Phoenix office of the EEOC brought this suit against HealthHelp Inc. in the U.S. District Court for the District of Arizona in June 2003. The EEOC alleged the defendant violated Title VII by terminating employees who had brought complaints against the defendant for discriminatory action. Three employees were allowed to intervene in the suit and the case was consolidated with the private party case (2:03-cv-01216-RGS) in August 2003. This case was designated the lead case. The defendant filed a motion for summary judgment, which was denied. After a settlement conference, the parties entered a consent decree, which was signed in April 2006.
The decree included non-discrimination and non-retaliation clauses, required the creation of an anti-discrimination policy, required the posting and distribution of the policy, and required EEO training of all employees. The decree also required the defendants to submit reports on complaints to the EEOC on an annual basis. The defendant also agreed to expunge the employment records of the complainants. The EEOC retained the right to enter and inspect defendant's premises and work site to ensure compliance. The injunctive parts of the decree had a two year term. In the event of non-compliance, the decree called for court enforcement, an indefinite extension of the decree, and the awarding of attorney's fees and costs and fines for contempt of court. Defendant also agreed to pay a settlement amount of $450,000, which included $110,000 in attorney fees.Jason Chester - 08/05/2008