Case: EEOC v. Children's Hospital and Research Center

3:13-cv-05715 | U.S. District Court for the Northern District of California

Filed Date: Dec. 11, 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

In December 2013, the EEOC brought this lawsuit against Children's Hospital and Research Center in the U.S. District Court for the Northern District of California, under Title I of the Americans with Disabilities Act of 1990 and Title VII of the Civil Rights Act of 1964. In this case, an employee of the Children's Hospital and Research Center suffered breast cancer and could not perform the daily tasks of caring for herself because she was weakened from her impairment and its treatment.The plai…

In December 2013, the EEOC brought this lawsuit against Children's Hospital and Research Center in the U.S. District Court for the Northern District of California, under Title I of the Americans with Disabilities Act of 1990 and Title VII of the Civil Rights Act of 1964. In this case, an employee of the Children's Hospital and Research Center suffered breast cancer and could not perform the daily tasks of caring for herself because she was weakened from her impairment and its treatment.

The plaintiff initially took a two month medical leave of absence in January 2012 and sought to extend the medical leave three times to undergo treatment for her disability, including a double mastectomy, reconstruction surgery for each breast and removal of her fallopian tubes, ovaries and uterus. In July 2012, the hospital rejected her doctor's medical certification, which stated that the employee was still recuperating from surgery but could return to work in September 2012. The hospital denied any further medical leave and fired her as an office assistant because they thought that she would not be able to return to work by September 2012. The EEOC requested (a) a permanent injunction enjoining the Children's Hospital and Research Center from terminating employment because of a disability, and engaging in other employment practices that discriminate against an employee on the basis of disability; (b) an order for the Children's Hospital and Research Center to institute and carry out policies, practices and programs prohibiting discrimination; (c) an order for the Children's Hospital and Research Center to provide backpay and compensation to the discharged employee; and (d) punitive damages.

On August 14, 2014, Judge Edward M. Chen approved a joint stipulation by the parties to refer the case to private mediation. On February 10, 2015, Judge Chen approved a joint proposed consent decree. The consent decree provided for both general and specific injunctive relief, including enjoining the Children’s Hospital from unlawfully discriminating against any employee due to his or her disability, requiring the Hospital to make reasonable accommodations for disabled employees as required by law, and having the Hospital revise its employee and supervisor ADA training. For the specific terminated employee, the Hospital was required to provide her with a neutral reference for her future employers and pay $300,000 in monetary relief. Each side agreed to bear its own attorneys’ fees and costs.

The court maintained jurisdiction over the consent decree for three years. It terminated in 2018 without any further litigation, and the cases is now closed.

Summary Authors

Kowa Takata (10/15/2014)

Lisa Limb (3/20/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5965599/parties/us-equal-employment-oppurtunity-commission-v-childrens-hospital/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Lopez, P. David (Texas)

Mitchell, Marcia L (California)

Attorney for Defendant

Delgado, Mark A. (California)

Robertson, Sarah Elizabeth (California)

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Documents in the Clearinghouse

Document

3:13-cv-05715

Docket [PACER]

EEOC v. Children's Hospital & Research Center

Feb. 10, 2015

Feb. 10, 2015

Docket
1

3:13-cv-05715

Complaint

Dec. 11, 2013

Dec. 11, 2013

Complaint

3:13-cv-05715

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

No Court

Dec. 11, 2013

Dec. 11, 2013

Press Release
36

3:13-cv-05715

Consent Decree

Feb. 10, 2015

Feb. 10, 2015

Order/Opinion

2015 WL 2015

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5965599/us-equal-employment-oppurtunity-commission-v-childrens-hospital/

Last updated Feb. 20, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (with jury demand) (Civil Rights - Employment Discrimination) against Children's Hospital & Research Center. Filed by US Equal Employment Oppurtunity Commission. (Attachments: # 1 Civil Cover Sheet)(Smith, Debra) (Filed on 12/11/2013) Modified on 12/11/2013 (cjl, COURT STAFF). (Entered: 12/11/2013)

1 Civil Cover Sheet

View on PACER

Dec. 11, 2013

Dec. 11, 2013

PACER
2

Proposed Summons. (Smith, Debra) (Filed on 12/11/2013) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
3

Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 12/11/2013) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
4

ADR SCHEDULING ORDER: Case Management Statement due by 3/5/2014. Case Management Conference set for 3/12/2014 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjl, COURT STAFF) (Filed on 12/11/2013) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
5

Summons Issued as to Children's Hospital & Research Center. (cjl, COURT STAFF) (Filed on 12/11/2013) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
6

CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Equal Employment Oppurtunity Commission.. (Smith, Debra) (Filed on 1/21/2014) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
8

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Children's Hospital & Research Center.. (Robertson, Sarah) (Filed on 3/4/2014) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

PACER
9

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 3/5/2014) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
10

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Edward M. Chen for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on March 06, 2014. (cjlS, COURT STAFF) (Filed on 3/6/2014) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
11

ANSWER to Complaint byChildren's Hospital & Research Center. (Robertson, Sarah) (Filed on 3/21/2014) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
12

CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 5/15/2014. Case Management Conference set for 5/22/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/29/14. (Attachments: # 1 Standing Order)(bpf, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)

1 Standing Order

View on PACER

April 29, 2014

April 29, 2014

PACER
13

CLERKS NOTICE - LETTER FROM JUDGE CHEN RE: CONSENT BEFORE MAGISTRATE JUDGE (bpf, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
14

CERTIFICATE OF SERVICE by US Equal Employment Oppurtunity Commission re 12 Case Management Scheduling Order, with Standing Orders (Smith, Debra) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
15

CASE MANAGEMENT STATEMENT (JOINT) & Proposed Order filed by Children's Hospital & Research Center. (Attachments: # 1 Certificate/Proof of Service)(Delgado, Mark) (Filed on 5/14/2014) (Entered: 05/14/2014)

1 Certificate/Proof of Service

View on PACER

May 14, 2014

May 14, 2014

PACER
16

Minute Entry: Initial Case Management Conference held on 5/22/2014 before Judge Edward M. Chen (Date Filed: 5/23/2014), Case referred to mediation. Status Report due by 9/4/2014. Status Conference set for 9/11/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Recording #FTR 9:13-9:19.) (bpf, COURT STAFF) (Date Filed: 5/23/2014) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
17

CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 3/19/2015. 7-day Jury Trial set for 9/21/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Motion Hearing set for 6/11/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Pretrial Conference set for 8/25/2015 02:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/22/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/23/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/25/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/28/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/29/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/30/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Selection set for 9/21/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/23/14. (bpf, COURT STAFF) (Filed on 5/23/2014) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
18

NOTICE of Change of Address by Sarah Elizabeth Robertson and Change of Firm Name (Robertson, Sarah) (Filed on 6/30/2014) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
19

ADR Clerks Notice Appointing Jody I. LeWitter as Mediator. (af, COURT STAFF) (Filed on 7/1/2014) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
20

ADR Clerks Notice Vacating Appointment of Mediator, Jody LeWitter 19 . The ADR Program will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 7/25/2014) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

PACER
21

STIPULATION and Proposed Order selecting Private ADR by Children's Hospital & Research Center and EEOC filed by Children's Hospital & Research Center. (Robertson, Sarah) (Filed on 8/14/2014) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
22

Order by Hon. Edward M. Chen granting 21 Stipulation selecting Private ADR.(knm, COURT STAFF) (Filed on 8/18/2014) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

RECAP
23

CLERK'S NOTICE - Status conference is set for 9/11/14 at 10:30 a.m. An updated joint status report was due 9/4/14. Joint Status report shall be filed by noon on 9/9/14.THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 9/8/2014) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
24

JOINT CASE MANAGEMENT STATEMENT (UPDATED) filed by Children's Hospital & Research Center. (Attachments: # 1 Certificate/Proof of Service)(Robertson, Sarah) (Filed on 9/9/2014) (Entered: 09/09/2014)

1 Certificate/Proof of Service

View on PACER

Sept. 9, 2014

Sept. 9, 2014

PACER
25

Minute Entry: Status Conference held 9/11/14. (Date Filed: 9/12/2014). Status Report due by 11/13/2014. Further Status Conference set for 11/20/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Recording #FTR 10:34-10:47.) (bpf, COURT STAFF) (Date Filed: 9/12/2014) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
26

JOINT CASE MANAGEMENT STATEMENT filed by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 11/13/2014) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
27

Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 11/20/2014. Status Report due by 12/11/2014. Status Conference set for 12/18/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.(FTR Time 10:55 - 10:59 a.m.) (mklS, COURT STAFF) (Entered: 11/21/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
28

JOINT CASE MANAGEMENT STATEMENT filed by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 12/12/2014) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
29

Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 12/18/14. Status Report due by 1/22/2015. Status Conference set for 1/29/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.Court Reporter Name or FTR Time 10:50-10:58. (bpf, COURT STAFF) (Date Filed: 12/22/2014) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
30

CASE MANAGEMENT STATEMENT JOINT UPDATED filed by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 1/22/2015) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
31

AFFIDAVIT re 30 Case Management Statement Smith by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 1/22/2015) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
32

Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 1/29/2015. Discovery due by 4/16/2015. Status Report due by 2/5/2015. Status Conference set for 2/12/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.Court Reporter Name or FTR Time 11:40-11:48. (bpf, COURT STAFF) (Date Filed: 1/30/2015) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

PACER
33

CLERK'S NOTICE resetting Status Conference for 2/12/2015 at 10:00 AM (instead of 10:30 a.m.) in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Status Report due by 2/5/2015. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 2/4/2015) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
34

JOINT CASE MANAGEMENT STATEMENT filed by Children's Hospital & Research Center. (Robertson, Sarah) (Filed on 2/5/2015) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

PACER
35

Proposed Order Consent Decree by Children's Hospital & Research Center. (Robertson, Sarah) (Filed on 2/6/2015) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER
36

ORDER - Consent Decree 35 Proposed Order filed by Children's Hospital & Research Center. Signed by Judge Edward M. Chen on 2/10/15. (bpf, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

RECAP
37

CLERK'S NOTICE vacating 2/12/15 and all other deadlines. Case is closed. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 11, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission on behalf of an individual employee with a disability.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Children's Hospital and Research Center (Oakland), None

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $300,000

Order Duration: 2015 - 2018

Content of Injunction:

Neutral/Positive Reference

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Issues

Disability and Disability Rights:

disability, unspecified

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits