University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PHM CORP. EE-LA-0068
Docket / Court 3:06cv1624 ( W.D. La. )
State/Territory Louisiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2006, the EEOC's New Orleans office filed this suit in the U.S. District Court for the Western District of Louisiana against PMH Corporation and its integrated subsidiaries Woodlawn Manor, Inc. and West Monroe Guest House, Inc. alleging violations of Title VII of the Civil Rights Act ... read more >
In September 2006, the EEOC's New Orleans office filed this suit in the U.S. District Court for the Western District of Louisiana against PMH Corporation and its integrated subsidiaries Woodlawn Manor, Inc. and West Monroe Guest House, Inc. alleging violations of Title VII of the Civil Rights Act of 1964 including racial discrimination and retaliation. The complainant, a black female, was employed at one of the defendant's nursing homes as a Licensed Practical Nurse. She was fired for declining overtime work for an undesirable assignment ñ an offense perpetrated by white employees in the past without punishment. She then applied at another of defendant's nursing homes and was turned away because her previous employer said she had abandoned her job despite the fact that white employees had been able to procure a job there after being fired from a sister facility.

The parties reached an agreement on a consent decree in April 2007, which was adopted by the court. The decree ordered defendant to pay complainant $15,000 and issue her a written apology and provide her with a positive reference. Further, defendants were enjoined from discriminating and retaliating as well as required to institute equal employment opportunity training programs and policies.
The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Jason Chester - 07/30/2007
- 06/10/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Apology
Develop anti-discrimination policy
Discrimination Prohibition
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) PMH Corporation
PMH Corporation
West Monroe Guest House, Inc.
Woodlawn Manor, Inc.
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 - 2009
Case Closing Year 2009
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)
3:06-cv-01624-RGJ-KLH (W.D. La.)
EE-LA-0068-9000.pdf | Detail
Date: 04/18/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-LA-0068-0001.pdf | Detail
Date: 09/21/2006
Amended Complaint and Jury Demand [ECF# 8]
EE-LA-0068-0002.pdf | Detail
Date: 12/22/2006
Source: PACER [Public Access to Court Electronic Records]
Order [show cause] [ECF# 12] (W.D. La.)
EE-LA-0068-0003.pdf | Detail
Date: 02/01/2007
Source: PACER [Public Access to Court Electronic Records]
Judgment [ECF# 23] (W.D. La.)
EE-LA-0068-0004.pdf | Detail
Date: 04/18/2007
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 24-1]
EE-LA-0068-0005.pdf | Detail
Date: 04/18/2007

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