University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WHITE HOUSE HOME FOR ADULTS EE-NY-0184
Docket / Court 1:04-cv-01091-WKS-RFT ( N.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
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 ... read more >
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


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Issues and Causes of Action
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Issues
Affected Gender
Female
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
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Ronald Hertzel
White House Home for Adults
White House Home for Adults
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 2007 - 2010
Case Closing Year 2007
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)
1:04-cv-01091-WKS-RFT (N.D.N.Y.) 09/27/2007
EE-NY-0184-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/20/2004
EE-NY-0184-0001.pdf | Detail
Amended Intervenor's Complaint 02/22/2005
EE-NY-0184-0002.pdf | Detail
Order [Denying Defendant's Motion to Compel] 03/18/2005 (N.D.N.Y.)
EE-NY-0184-0003.pdf | Detail
Consent Decree 09/27/2007
EE-NY-0184-0004.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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