On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District ...
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On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District of Missouri. The defendants operated nursing homes in the St. Louis area. The EEOC alleged that the defendants had violated the rights of ten of their employees by discriminating against them on the basis of race or by retaliating against them for complaining on behalf of another employee who suffered discrimination on the basis of their race. We have no record of the complaint in this case.
On February 23, 2000, after several failed motions to dismiss and motions for summary judgment, the defendants succeeded in having the claims of one of the complainants dismissed for failure to prosecute.
On July 2, 2001, the parties entered into a consent decree, which the court adopted three days later. Under the terms of the decree, the defendants agreed to pay a total of $1,199,000.00 in compensatory and emotional distress damages, a sum which included $35,000 in litigation costs to be paid to the U.S. Treasury on behalf of the work done in this case by the EEOC. In addition, the defendants agreed to terminate the employment of the supervisor whose discriminatory behavior was the subject of this lawsuit, and to place in her personnel file a letter stating that they will never employ her again. The defendants agreed to provide neutral reference letters for all of the complainants in this case and to post their anti-discrimination policy at their place of business. Defendants agreed to suspend (for one week) and retrain the person who failed to adequately investigate and handle the complainants' original complaints of discrimination. His training was to take place within 6 months of the entry of the decree, and he was to be trained on the proper investigation of discrimination complaints. Within 45 days, the defendants were to certify to the defendants that they had posted the required notice of anti-discrimination policies at their place of business, and the defendants were to annually certify thereafter to the EEOC that they were in full compliance with the terms of the decree. Additional certification of compliance may also be required to be produced to the EEOC on demand.
After adopting the consent decree, which was to last for 36 months, the district court dismissed the case.Justin Kanter - 03/18/2008