Case: EEOC v. Redstone Highlands Personal Care Center

2:06-cv-01057 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Aug. 8, 2006

Closed Date: Jan. 9, 2009

Clearinghouse coding complete

Case Summary

In August 2006, the Pittsburgh Area Office of the EEOC (with participation from the Philadelphia District Office) brought this action against Redstone Highlands Personal Care Center, d/b/a Redstone Highlands, in the U.S. District Court for the Western District of Pennsylvania. The complaint alleged that Redstone Highlands, an assisted living facility, subjected the charging party, a female employee, to a sexually hostile work environment in violation of Title VII of the Civil Rights Act of 196…

In August 2006, the Pittsburgh Area Office of the EEOC (with participation from the Philadelphia District Office) brought this action against Redstone Highlands Personal Care Center, d/b/a Redstone Highlands, in the U.S. District Court for the Western District of Pennsylvania. The complaint alleged that Redstone Highlands, an assisted living facility, subjected the charging party, a female employee, to a sexually hostile work environment in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. A male coworker of the charging party made threatening and explicit sexual comments to her and offensively touched her on numerous occasions, resulting in her constructive discharge. The charging party intervened in the suit in September 2006. The case was referred to mediation in November 2006 and was settled in January 2007 through a consent decree.

The two-year consent decree, containing non-discrimination and non-retaliation clauses, required the defendant to: pay $135,000; post Title VII compliance notices; maintain records on all sexual harassment charges; provide semi-annual reports to the EEOC; and provide EEOC approved training for all employees. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Yin Zheng (5/30/2007)

Documents in the Clearinghouse

Document

2:06-cv-01057

Docket (PACER)

Equal Employment Opportunity Commission v. Redstone Highlands Personal Care Center

Jan. 19, 2007

Jan. 19, 2007

Docket
1

2:06-cv-01057

Complaint

Equal Employment Opportunity Commission v. Redstone Highlands Personal Care Center d/b/a/ Redstone Highlands

Aug. 8, 2006

Aug. 8, 2006

Complaint
11

2:06-cv-01057

Plaintiff-Intervenor's Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. Redstone Highlands Personal Care Center d/b/a/ Redstone Highlands

Oct. 20, 2006

Oct. 20, 2006

Complaint
20

2:06-cv-01057

Consent Decree

Equal Employment Opportunity Commission v. Redstone Highlands Personal Care Center d/b/a/ Redstone Highlands

Jan. 8, 2007

Jan. 8, 2007

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against REDSTONE HIGHLANDS PERSONAL CARE CENTER, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet Page 1, # 2 Civil Cover Sheet Page 2, # 3 Summons)(tt) (Entered: 08/09/2006)

Aug. 8, 2006

Aug. 8, 2006

Clearinghouse

Summons Issued as to REDSTONE HIGHLANDS PERSONAL CARE CENTER. (tt) (Entered: 08/09/2006)

Aug. 8, 2006

Aug. 8, 2006

2

Stipulation for Extension of Time to Answer by REDSTONE HIGHLANDS PERSONAL CARE CENTER. Answer due from REDSTONE HIGHLANDS PERSONAL CARE CENTER on 9/25/2006. (Cofer, David) Modified on 8/22/2006 to correct typo (ksa). (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

3

AFFIDAVIT of Service for Complaint and Summons served on John Dickson on 08/16/2006, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

4

ANSWER to Complaint by REDSTONE HIGHLANDS PERSONAL CARE CENTER.(Cofer, David) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

5

Disclosure Statement by REDSTONE HIGHLANDS PERSONAL CARE CENTER.. (Cofer, David) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

6

MOTION to Intervene As Of Right by Reyes M. LiVecchi. (Attachments: # 1 Exhibit 1 # 2 Proposed Order)(Carroll, James) Modified on 9/25/2006 to correct typo (ksa). (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

TEXT ORDER Response/Briefing Schedule re 6. Counsel for Plaintiff and Defendant shall file a response to the pending Motion to Intervene on or before October 3, 2006. Signed by Judge Terrence F. McVerry on 9/25/06. Text only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (cc) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

7

RESPONSE to Motion re 6 MOTION to Intervene As Of Right filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

8

ORDER/INITIAL LOCAL RULE 16.1 SCHEDULING CONFERENCE: Case Management Conference set for 10/27/2006 11:30 AM in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 9/26/2006. (Attachments: # 1 Exhibit 26(f) Report)(kll) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

9

RESPONSE to Motion re 6 MOTION to Intervene As Of Right filed by REDSTONE HIGHLANDS PERSONAL CARE CENTER. (Cofer, David) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

10

ORDER granting 6 Motion to Intervene. Reyes M. LiVecchi shall file and serve upon counsel for Defendant, the Complaint in Intervention set forth as Exhibit 1 of her Motion within 20 days of this Order (10/23/2006). Signed by Judge Terrence F. McVerry on 10/3/2006. (kll) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

11

Intervenor COMPLAINT, filed by REYES M. LiVECCHI.(Carroll, James) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

Clearinghouse
12

REPORT of Rule 26(f) Planning Meeting. (Carroll, James) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

TEXT NOTICE of Hearing: Case Management Conference TIME reset for 10/26/2006 01:00 PM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Case Management Conference held on 10/27/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (Court Reporter None.) (kll) (Entered: 11/01/2006)

Oct. 27, 2006

Oct. 27, 2006

13

CASE MANAGEMENT/SCHEDULING ORDER: Exchange of required Rule 26(a)(1) information due by 11/13/2006. Amended Pleadings due by 5/2/2007. Joinder of Parties due by 11/27/2006. Discovery due by 6/1/2007. Plaintiffs Expert Reports due by 3/1/2007. Defendants Expert Reports due by 4/1/2007. All Expert Depositions to be completed by 5/1/2007. Post Discovery Status Conference set for 6/1/2007 at 8:30 AM in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 11/1/06. (cc) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

14

ORDER REFERRING CASE to Mediation. The parties shall agree on the selection/appointment of a neutral mediator. Not later than November 15, 2006, lead counsel shall file with the Court a notice of the date, time and location of the initial ADR Conference. Signed by Judge Terrence F. McVerry on 11/1/06. (cc) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

15

ANSWER to Complaint by REDSTONE HIGHLANDS PERSONAL CARE CENTER.(Cofer, David) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 15 Answer to Complaint. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ksa) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

16

Errata by REDSTONE HIGHLANDS PERSONAL CARE CENTER Reason for Correction: signature error. (Cofer, David) Modified on 11/9/2006 document linkage corrected, Document linked to document 15 (ksa). (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 16 Errata ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

17

Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 11/29/2006 09:30 AM(Hornak, Mark) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

18

STIPULATION selecting ADR process by REYES M. LiVECCHI, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, REDSTONE HIGHLANDS PERSONAL CARE CENTER(Carroll, James) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

19

REPORT of Mediation: Settlement has been reached. Amount of discovery conducted: None For cases participating in the Court's ADR pilot project, the parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 11/29/2006.(Hornak, Mark) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

20

CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

Clearinghouse
21

Approved Consent Decree. Signed by Judge Terrence F. McVerry on 1/9/2007. (kll) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

22

STIPULATION of Dismissal With Prejudice by REYES M. LiVECCHI, REDSTONE HIGHLANDS PERSONAL CARE CENTER. (Carroll, James) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

TEXT ORDER granting 22 Stipulation of Dismissal with prejudice filed by REDSTONE HIGHLANDS PERSONAL CARE CENTER, REYES M. LiVECCHI. Signed by Judge Terrence F. McVerry on 1/19/2007. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter.(kll) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 8, 2006

Closing Date: Jan. 9, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Redstone Highlands Personal Care Center (North Huntingdon, PA), Private Entity/Person

Redstone Highlands Personal Care Center (North Huntingdon, PA), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 135000

Order Duration: 2007 - 2009

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit