The New York District Office of the EEOC brought this suit against White House Home for Adults and Ronald Hertzel in the United States District Court for the Northern District of New York in September 2004. The complaint alleged that a female administrative assistant was sexually harassed by the owner of the senior care facility and constructively discharged in retaliation for complaining about the harassment. The complainant intervened in the EEOC's suit and the parties opted out of the alternative dispute resolution program. The Defendant unsuccessfully moved for summary judgment. The Defendant also unsuccessfully moved for a discovery motion requiring the complainant to disclose financial and tax information.
The parties entered into a three year consent decree in September 2007. It required the Defendant to implement and maintain written policies and procedures prohibiting employment discrimination. The Defendant was enjoined from discriminating or retaliating against employees based on sex. The Defendant was required to train its employees, post notices regarding its nondiscrimination policy, distribute notices regarding its nondiscrimination policy, and pay the complainant $45,000 for compensatory damages and attorneys fees. The Defendant was also required to maintain records of complaints of harassment and actions taken.Kevin Wilemon - 05/15/2008