University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PROVIDENCE HEALTH SYSTEM EE-AK-0004
Docket / Court 3:06-cv-00146-RRB ( D. Alaska )
State/Territory Alaska
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On June 14, 2006, the San Francisco District Office and Seattle Field Office of the EEOC filed this lawsuit against Providence Health System, doing business as Providence Alaska Medical Center, in the U.S. District Court for the District of Alaska alleging discrimination on the basis of age in ... read more >
On June 14, 2006, the San Francisco District Office and Seattle Field Office of the EEOC filed this lawsuit against Providence Health System, doing business as Providence Alaska Medical Center, in the U.S. District Court for the District of Alaska alleging discrimination on the basis of age in violation of Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the complaint alleged the defendant failed to rehire the complaining parties after a layoff based upon their age.

On June 3, 2009, the parties entered into a three year Consent Decree in which the Defendants promised to be fully compliant with the ADEA (a zero-tolerance policy), and to pay the Plaintiffs a lump sum of $220,000 to be divided as the Plaintiffs see fit. The Consent Decree also required the Defendants to implement a non-discrimination policy, which would specifically say that age-based discrimination may result in disciplinary action, and would define age-based discrimination clearly. The goal of this policy was to make it easier for workers to come forward with complaints of age-based discrimination, and to offer quicker solutions to these complaints. The Defendants also agreed to educate their employees on the requirements of ADEA, and to report their progress to the Plaintiffs.

According to the terms of the Consent Decree, this case was closed and the agreement terminated on June 3, 2012.

Joshua Arocho - 06/20/2012


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Implement complaint/dispute resolution process
Provide antidiscrimination training
Retaliation Prohibition
Defendant-type
Hospital/Health Department
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Providence Health System
Plaintiff Description The EEOC on behalf of individuals who were not rehired after a layoff because of their age.
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 2009 - 2012
Case Closing Year 2012
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)
3:06-cv-00146-RRB (D. Alaska) 02/01/2008
EE-AK-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/14/2006
EE-AK-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/03/2009
EE-AK-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Providence Alaska Medical Center Pays $220,000 to Operating Room Staff Laid Off Due to Age Bias 06/03/2009
EE-AK-0004-0003.pdf | Detail
Document Source: EEOC.gov
Judges Beistline, Ralph R. (D. Alaska)
EE-AK-0004-0002 | EE-AK-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Esparza-Cervantes, Elizabeth (California)
EE-AK-0004-9000
Katahira, Wesley (Washington)
EE-AK-0004-9000
Mitchell, Marcia L (California)
EE-AK-0004-0002 | EE-AK-0004-9000
Peck, Jonathan T. (California)
EE-AK-0004-0002
Stanley, John F. (Washington)
EE-AK-0004-9000
Tamayo, William Robert (California)
EE-AK-0004-0002 | EE-AK-0004-9000
Defendant's Lawyers Stewart, Robert K. Jr. (Alaska)
EE-AK-0004-0002 | EE-AK-0004-9000
Other Lawyers None on record

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