University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Physician's Services, Inc. EE-KY-0017
Docket / Court 5:05-cv-00393-JMH ( E.D. Ky. )
State/Territory Kentucky
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Louisville and Indianapolis District Offices of the EEOC filed this case in the U.S. District Court for the Eastern District of Kentucky. The defendant was Physicians Services, P.S.C. The complaint alleged that one of the four complainants was harassed on the basis of her sex and disability. ... read more >
The Louisville and Indianapolis District Offices of the EEOC filed this case in the U.S. District Court for the Eastern District of Kentucky. The defendant was Physicians Services, P.S.C. The complaint alleged that one of the four complainants was harassed on the basis of her sex and disability. When she complained, she was allegedly constructively discharged. The other three complainants were all allegedly forced to resign as a result of complaining on behalf of the first complainant. The lawsuit was filed in September 2005 and was resolved through a consent decree in January 2007. During the litigation, the defendant moved to compel arbitration, which was denied. EEOC v. Physician Services, P.S.C., 425 F. Supp. 2d 859 (E.D. Ky. 2006). The complainants, who intervened in the case, entered into separate settlement and confidentiality agreements. Under the consent decree, the company had to provide a training session to all its employees, post a notice of rights, and make semi-annual reports to the EEOC. The duration of the consent decree was three years.

Kevin Wilemon - 07/29/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Disability (inc. reasonable accommodations)
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. § 2000e
State law
State Anti-Discrimination Law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Physicians Services, P.S.C.
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 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)
5:05-cv-00393-JMH (E.D. Ky.) 01/24/2007
EE-KY-0017-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/27/2005
EE-KY-0017-0001.pdf | Detail
Order [Dismissing Appeal] 12/27/2005
EE-KY-0017-0008.pdf | Detail
Intervening Complaint 03/01/2006
EE-KY-0017-0002.pdf | Detail
Complaint-In-Intervention 03/01/2006
EE-KY-0017-0003.pdf | Detail
Order 03/01/2006 (E.D. Ky.)
EE-KY-0017-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 04/06/2006 (425 F.Supp.2d 859) (E.D. Ky.)
EE-KY-0017-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Denying Motion for Reconsideration] 09/08/2006 (E.D. Ky.)
EE-KY-0017-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/19/2007 (E.D. Ky.)
EE-KY-0017-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/24/2007
EE-KY-0017-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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