University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. WILLIAM O BENENSON REHABILITATION PAVILION EE-NY-0056
Docket / Court 1:05-cv-04601-NG-RER ( E.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 office of the EEOC brought this suit against the William O. Beneson Rehabilitation Pavilion and Flushing Manor Geriatric Center, Inc. in the Eastern District of New York in September 2005. The complaint alleged the defendants violated Title VII of the Civil Rights Act of 1964 by ... read more >
The New York office of the EEOC brought this suit against the William O. Beneson Rehabilitation Pavilion and Flushing Manor Geriatric Center, Inc. in the Eastern District of New York in September 2005. The complaint alleged the defendants violated Title VII of the Civil Rights Act of 1964 by subjecting employees to harassment, discipline, discharge and other unequal conditions of employment based on their race, black, and national origin, Caribbean. The complaint filed by the EEOC and the complaints filed by private plaintiffs also alleged the defendants retaliated against employees who brought complaints on behalf of themselves and on behalf of other employees. Five private plaintiffs were permitted to intervene in the suit. After several discovery disputes and a referral to mediation, the parties entered a consent decree in April 2007.

The consent decree included non-discrimination and non-retaliation clauses, required the defendants to develop anti-discrimination policies, and post and distribute notice of employment rights. The defendants also agreed to provide equal employment opportunity training to all employees, with additional training of managers and agreed to submit reports to the EEOC regarding complaints of racial or national origin harassment within thirty days of receiving any such complaints. The EEOC retained the right to monitor compliance with the decree by inspection of defendants' premises, records and through interviews of employees. The injunctive parts of the decree had a term of five years. The defendant also agreed to pay $900,000 to twenty nine employees, with claimants not already represented by private counsel to be compensated up to $750.00 for consultation with an attorney before signing any release.

Kevin Wilemon - 08/06/2008


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Issues and Causes of Action
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Issues
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
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action State Anti-Discrimination Law
State law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Flushing Manor Geriatric Center, Inc.
William O. Benenson Rehabilitation Pavilion
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 - 2012
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)
1:05-cv-04601-NG-RER (E.D.N.Y.) 04/24/2007
EE-NY-0056-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2005
EE-NY-0056-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint and Jury Trial Demand [of Intervenor Plaintiffs Simms, Hylton, Cilus, and Weir] 01/05/2006
EE-NY-0056-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Verified Complaint [of Intervenor Plaintiff Yanick Jean-Louis] 01/05/2006
EE-NY-0056-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/20/2007
EE-NY-0056-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Press Release: "Geriatric Center to Pay $900,000 for Race Bias, National Origin Discrimination, Retaliation" 04/23/2007
EE-NY-0056-0005 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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