University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Founders Pavilion, Inc. EE-NY-0269
Docket / Court 6:13-cv-06250 ( W.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On May 16, 2013, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court in the Western District of New York under the Genetic Information Nondiscrimination Act of 2008 (GINA), the Americans with Disabilities Act of 1990 (ADA), Title VII of the Civil Rights Act ... read more >
On May 16, 2013, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court in the Western District of New York under the Genetic Information Nondiscrimination Act of 2008 (GINA), the Americans with Disabilities Act of 1990 (ADA), Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 (collectively Title VII) against Founders Pavilion, Inc. (Founders). The class, employees and applicants, claimed that the defendant employer requested family medical history as part of its hiring and continued employment practices, terminated employment on the basis of disability, failed to provide reasonable accommodation, discriminated against pregnant applicants and terminated an employee because she was pregnant.

The plaintiffs asked the court to grant permanent injunctions to prevent the defendant from discriminating on the basis of genetic information, disability or pregnancy; to require the defendant to provide equal employment opportunities for qualified individuals regardless of genetic information, disability or pregnancy; and to provide compensatory and punitive relief to eradicate the effects of its unlawful employment practices. Founders sold its nursing facility on July 2, 2013 and has since ceased operating any business.

On November 26, 2013, the parties entered into a consent decree, recognizing the class. The consent decree had a duration of five years. If Founders ever owned or operated any healthcare facility or other business, they would be enjoined by the consent decree from requesting genetic information, including family medical history from any applicant or employee. They were further enjoined from failing to provide reasonable accommodation to applicants or employees with disabilities, terminating any employee on the basis of that employee’s disability or perceived disability, and failing to hire an applicant or terminating an employee because of her pregnancy. Additionally they had to institute training and provide information about these policies.

The consent decree further required Founders to pay a total of $259,600 to five claimants as compensatory damages and back pay. Founders also paid a class award of $110,400, with each class member eligible to receive $800. The class consisted of the 138 individuals who were hired by Founders during the time that Founders utilized the “Occupation & Environmental Health Services Patient History Form” that included a “Family History” section. The five year time period passed without any further litigation and as of March 2019, the case is presumably closed.

Christianna Kyriacou - 10/23/2013
Erica Becker - 03/20/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Provide antidiscrimination training
Reasonable Accommodation
Reporting
Training
Disability
Mobility impairment
Discrimination-area
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
Pregnancy discrimination
EEOC-centric
EEOC intervened in private suit
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Founder Pavilion, Inc.
Plaintiff Description Employees and job applicants who claim they were discriminated against on the basis of genetic information and pregnancy.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Filed Pro Se 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 2013 - 2018
Filing Year 2013
Case Closing Year 2018
Case Ongoing No
Docket(s)
6:13-cv-06250-CJS (W.D.N.Y.)
EE-NY-0269-9001.pdf | Detail
Date: 01/09/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-NY-0269-0001.pdf | Detail
Date: 05/16/2013
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 5]
EE-NY-0269-0002.pdf | Detail
Date: 06/17/2013
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order [ECF# 9] (W.D.N.Y.)
EE-NY-0269-0003.pdf | Detail
Date: 08/16/2013
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 13] (2014 WL 574550) (W.D.N.Y.)
EE-NY-0269-0004.pdf | WESTLAW | Detail
Date: 09/01/2014
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Siragusa, Charles J. (W.D.N.Y.) show/hide docs
EE-NY-0269-0003 | EE-NY-0269-0004 | EE-NY-0269-9001
Plaintiff's Lawyers Adams, Raechel (New York) show/hide docs
EE-NY-0269-0001
Batog, Konrad (New York) show/hide docs
EE-NY-0269-0002 | EE-NY-0269-0003 | EE-NY-0269-9001
Grossman, Elizabeth (New York) show/hide docs
EE-NY-0269-0001 | EE-NY-0269-0002 | EE-NY-0269-0004 | EE-NY-0269-9001
Lee, James L. (District of Columbia) show/hide docs
EE-NY-0269-0001 | EE-NY-0269-0002
Lopez, P. David (District of Columbia) show/hide docs
EE-NY-0269-0001 | EE-NY-0269-0002
O'Brien, Michael J. (New York) show/hide docs
EE-NY-0269-0001 | EE-NY-0269-0002 | EE-NY-0269-9001
Reams, Gwendolyn Young (District of Columbia) show/hide docs
EE-NY-0269-0001 | EE-NY-0269-0002
Rose, Robert D. (New York) show/hide docs
EE-NY-0269-0002
Defendant's Lawyers Galewski, Roy R. (New York) show/hide docs
EE-NY-0269-0004
Moore, Daniel J. (New York) show/hide docs
EE-NY-0269-0003 | EE-NY-0269-9001

- click to show/hide ALL -

new search
page permalink

- top of page -