Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 1 of 7
)

N.GHT BOX

FILED
I SE? 131999

IN THE UNITED STATES DISTRICT COURT

DIVISION99- 87 07 FOR THE SOUTHERN DISTRICT OF FLORIDA

CLERK, USDC/SDFL/WPB

WEST PALM BEACH

~g~~~7~~~YMENTOPPORTUNITY ~

)

Plaintiff,

)

)

v.

)

)

INTRACOASTAL HEALTH SYSTEMS, INC. )

AND ST. MARY'S HOSPITAL, INC.

)

)

)

Defendants.

)

)

)

CIV-RYSKAMP
COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Dorothy J. Henderson and other similarly situated individuals, who were

adversely affected by such practices. The Commission alleges that Dorothy J. Henderson and

other similarly situated individuals had their work hours reduced and/or were forced to change

shifts in favor of male employees because of their sex, female.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(l) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C § 2000e5(t)(l) and (3) ("Title

Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 2 of 7 )
VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S. C. § 1981 A. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Southern District of Florida, West Palm Beach Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and (3) of Title VII, 42 U.S.C.§ 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, Intracoastal Health Systems, Inc. (the "Employer"), has continuously been doing business in the State of Florida and the City of West Palm Beach, and has continuously had at least 15 employees. 5. At all relevant times, Defendant, St. Mary's Hospital, Inc. (the "Employer"), has continuously been doing business in the State of Florida and the City of West Palm Beach, and has continuously had at least 15 employees. 6. At all relevant times, Defendant Intracoastal Health Systems, Inc. has continuously been an employer engaged in an industry affecting commerce within the meanmg of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 7. At all relevant times, Defendant St. Mary's Hospital, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
2

Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 3 of 7
)
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Dorothy J. Henderson filed a charge with the Commission alleging violations of Title VII by Defendant St. Mary's Hospital, Inc. Pursuant to its investigation, the Commission found evidence that both Defendant Intracoastal Health Systems, Inc. and Defendant St. Mary's Hospital, Inc. discriminated against Dorothy J. Henderson and other similarly situated individuals. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least September 1996, Defendant Intracoastal Health Systems, Inc. and Defendant St. Mary's Hospital, Inc. engaged in unlawful employment practices at their West Palm Beach Facilities, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2. Defendant Intracoastal Health Systems, Inc. and Defendant St. Mary's Hospital, Inc. discriminated against Dorothy J. Henderson and other similarly situated individuals by reducing their work hours and/or forcing them to change shifts in favor of male employees because of their sex, female. 10. The effect of the practices complained of in paragraph 9 above has been to deprive Dorothy J. Henderson and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex, female. 11. The unlawful employment practices complained of in paragraph 9 above were intentional. 12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Dorothy J. Henderson and other similarly situated individuals.
3

Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 4 of 7 )
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Intracoastal Health Systems, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination and any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining Defendant St. Mary's Hospital, Inc. its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination and any other employment practice which discriminates on the basis of sex. C. Order Defendant Intracoastal Health Systems, Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant St. Mary's Hospital, Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. E. Order Defendant Intracoastal Health Systems, Inc. to make whole Dorothy J. Henderson and other similarly situated individuals by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. F. Order Defendant St. Mary's Hospital, Inc. to make whole Dorothy J. Henderson
4

Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 5 of 7 )

and other similarly situated individuals, by providing appropriate backpay with prejudgment

interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate

the effects of its unlawful employment practices.

G. Order Defendant Intracoastal Health Systems, Inc. to make whole Dorothy J.

Henderson and other similarly situated individuals, by providing compensation for past and future

pecuniary losses resulting from the unlawful employment practices described in paragraph 9

above, including job search expenses and medical expenses in amounts to be determined at trial.

H. Order Defendant St. Mary's Hospital, Inc. to make whole Dorothy J. Henderson

and other similarly situated individuals, by providing compensation for past and future pecuniary

losses resulting from the unlawful employment practices described in paragraph 9 above, including

job search expenses and medical expenses in amounts to be determined at trial.

I.

Order Defendant Intracoastal Health Systems, Inc. to make whole Dorothy J.

Henderson and other similarly situated individuals, by providing compensation for past and future

nonpecuniary losses resulting from the unlawful employment practices described in paragraph 9

above, including emotional pain, suffering, inconvenience and humiliation, in amounts to be

determined at trial.

J. Order Defendant St. Mary's Hospital, Inc. to make whole Dorothy J. Henderson

and other similarly situated individuals, by providing compensation for past and future

nonpecuniary losses resulting from the unlawful employment practices described in paragraph 9

above, including emotional pain, suffering, inconvenience and humiliation, in amounts to be

5

Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 6 of 7
determined at trial. K. Order Defendant Intracoastal Health Systems, Inc. to pay Dorothy J. Henderson
and other similarly situated individuals, punitive damages for its malicious and reckless conduct described in paragraph 9 above, in amounts to be determined at trial.
L. Order Defendant St. Mary's Hospital, Inc. to pay Dorothy J. Henderson and other similarly situated individuals, punitive damages for its malicious and reckless conduct described in paragraph 9 above, in amounts to be determined at trial.
M. Grant such further relief as the Court deems necessary and proper in the public interest.
N. Award the Commission its costs of this action. JURY TRIAL DEMAND
0. The Commission requests a jury trial on all questions of fact raised by its complaint.
6

Case 9:99-cv-08707-WPD Document 1 Entered on FLSD Docket 09/22/1999 Page 7 of 7
Respectfully submitted, C. GREGORY STEWART General Counsel Designate GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney
~b-~~
EVEG. LOWE Supervisory Trial Attorney
~/wr:J'
LAUREN A. GREENBAUM Trial Attorney Florida Bar Number 0029254 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard One Biscayne Tower, Suite 2700 Miami, Florida 33131 (305) 530-6005 (305) 536-4494 facsimile
s: \legal \intercoastal\complaint
7

 </s> )
Case 9:99-cv-08707-WPD Document 19 Entered on FLSD Docket 12/16/1999 Page 1 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH

mE{--~
OEC 0 3 1999
CLERI< U.S. OIST. CT. S.D. OF FLA. • W.P.B.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff(s),

Case No. 99-CV-8707-RYSKAMP Magistrate Judge: Ann E. Vitunac

v.

INTRACOASTAL HEALTH SYSTEMS, INC., and ST. MARY'S HOSPITAL, INC.,
Defendants( s ),

DOROTHY HENDERSON SWAIN, Intervenor.
------------------------------~/
INTERVENOR DOROTHY HENDERSON SWAIN'S COMPLAINT

DOROTHY HENDERSON SWAIN ("Plaintiff') sues Defendants, INTRACOASTAL

HEALTH SYSTEMS, INC., and ST. MARY'S HOSPITAL, INC. ("Defendants"), for

employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.

§2000e et. seq., as amended, and in support thereof states as follows:

1. This action is brought to remedy unlawful gender discrimination in employment. The

legal basis is Title VII of the Federal Civil Rights Acts of 1964, 42 U.S.C. 2000e, et seq., as

amended ("Title VII") and the Civil Rights Act of 1991,42 U.S.C. 1981a. Plaintiff seeks

equitable relief and damages.

)
Case 9:99-cv-08707-WPD Document 19 Entered on FLSD Docket 12/16/1999 Page 2 of 6
2. This Court has original jurisdiction over Plaintiffs Title VII claim under 28 U.S.C. §§1331 and 1343(a)(3) and (4).
3. Plaintiff Equal Employment Opportunity Commission ("EEOC") made a finding of discrimination and filed a suit in its own right and on behalf of DOROTHY HENDERSON SWAIN, giving her the right to intervene as a plaintiff. DOROTHY HENDERSON SWAIN brings her claim herein as an intervening plaintiff.
4. Plaintiff is a citizen ofthe State of Florida and resides in Palm Beach County, Florida. 5. Defendant iNTRACOASTAL HEALTH SYSTEMS, INC., is a corporation incorporated under the laws of Florida having its principle place of business in the Southern District of Florida. 6. Defendant INTRACOASTAL HEALTH SYSTEMS, INC., is engaged in an industry affecting commerce, and has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, is an employer defined by 42 U.S.C. 2000e(b), and is capable ofbeing sued under Title VII. 7. Defendant ST. MARY'S HOSPITAL, INC., is a corporation incorporated under the laws of Florida having its principle place of business in the Southern District of Florida. 8. Defendant ST. MARY'S HOSPITAL, INC., is engaged in an industry affecting commerce, and has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, is an employer defined by 42 U.S.C. 2000e(b), and is capable ofbeing sued under Title VII. 9. Defendant ST. MARY'S HOSPITAL, INC., is a subsidiary, division or affiliate of Defendant INTRACOASTAL HEALTH SYSTEMS, INC.
2

)
Case 9:99-cv-08707-WPD Document 19 Entered on FLSD Docket 12/16/1999 Page 3 of 6
GENERAL ALLEGATIONS 10. Plaintiffs sex is female. 11. Defendants collectively and jointly employed Plaintiff during the time of the discriminatory acts alleged herein. 12. Plaintiff has worked for Defendants as a mental health technician in Defendant ST. MARY'S HOSPITAL Psychiatric Ward and was at all times relevant qualified for the position. 13. Beginning in 1995 Defendants commenced a practice of discriminating against Piaintiffbased upon her sex. The discrimination consisted of paying her less than similar situated male employees, by not giving her the same availability for and awarding of pay raises and merit increases as it did to male employees, and by canceling her shifts and reducing her work hours so that male employees could work instead. 14. As a result of the Defendants' wrongful acts alleged herein, Plaintiff has suffered economic and emotional damages. 15. The acts of Defendants alleged herein were done with malice or reckless indifference to Plaintiffs rights protected by Title VII.
COUNT GENDER DISCRIMINATION 16. Plaintiff incorporates paragraphs 1 through 15 herein. 17. This is a claim for all affirmative action, equitable relief and damages for unlawful discrimination under the Federal Civil Rights Act of 1964, as amended, at 42 U.S.C. 2000e et seq., and as provided in 42 U.S.C. 1981a. 18. Plaintiff is an employee as defined by 42 U.S.C. 2000e(b) and is entitled to the protections from and remedies for sex discrimination under Title VII.
3

Case 9:99-cv-08707-WPD Document 19 Entered on FLSD Docket 12/16/1999 Page 4 of 6
19. At all times relevant hereto Defendants were Plaintiff's employer as the term is defined by Title VII of the Civil Rights of 1964.
20. Defendants' discriminatory acts alleged herein were intentional and violate Title VII. 21. Defendants have intentionally discriminated against Plaintiff because of her sex by paying her less than similar situated male employees, by not giving her the same availability for and awarding of pay raises and merit increases as it did to male employees, and by canceling her shifts and reducing her work hours so that male employees could work instead. 22. As a direct and proximate result of Defendants' acts, Plaintiff has suffered and continues to suffer lost income, employment opportunities, damage to her reputation, lost wages and benefits, humiliation, embarrassment, emotional distress, inconvenience, mental anguish, and other pecuniary and non-pecuniary losses. 23. Plaintiff timely filed with the EEOC a Charge of Discrimination relating to Defendants' discriminatory acts alleged herein. 24. Plaintiff has exhausted her administrative remedies required by 42 U.S.C. 2000e, and otherwise fulfilled all prerequisites to bringing this action. 25. The Civil Rights Act of 1964, as amended, at 42 U.S.C. 2000e-5, provides for declaratory judgment, injunctive, affim1ative and equitable reliefto include an award for backpay and reinstatement and for attorneys' fees. The Civil Rights Act of 1991,42 U.S.C. 1981 a, further provides for the award of compensatory and punitive damages. WHEREFORE, Plaintiff demands trial by jury, and requests this Court to: A. Declare that Defendants has unlawfully discriminated against Plaintiff in violation
of Title VII ofthe Civil Rights Act of 1964; and B. Issue an order prohibiting further discrimination; and
4

Case 9:99-cv-08707-WPD Document 19 Entered on FLSD Docket 12/16/1999 Page 5 of 6
C. Order all equitable relief to which she is entitled to including but not limited to reinstating Plaintiff with all promotions and seniority rights to which she is entitled, backpay, frontpay and all other equitable relief provided in 42 U.S.C. 2000e-5 and 42 U.S.C. 1981a; and
D. Award Plaintiff all compensatory and punitive damages to which she is entitled, to include prejudgment interest and the remedies provided for in 42 U.S.C. §§2000e-5 and 1981a; and
E. Award Plaintiff her costs, attorneys' fees and such other and further relief as the Court deems proper.
PLAINTIFF DEMANDS A TRIAL BY JURY FOR ALL COUNTS ON ALL TRIABLE ISSUES.
Respectfully submitted,
Attorneys for Dorothy Henderson Swain
Gordon R. Leech, Attorney at Law 400 Executive Center Drive, Suite 201 West Palm Beach, Florida 33401 Tel: 561-686-6323 Fax: 561-686-6324
Michael D. Brown Brown & Associates, P.A. 2655 N. Ocean Blvd, Ste 200 Riviera Beach, FL 33404 Tel: 561-848-4306 Fax: 561-842-6845
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by facsimile and by U.S. First Class mail to: Lynn G. Hawkins, Esq., Fitzgerald, Hawkins, Mayans & Cook, P.A., Attorneys for Defendants Intracoastal Health Systems and St. Mary's Hospital, at (fax 561-832-8678) P.O. Box 3795, WPB, FL 33402; and Eve G. Lowe, Esq., Equal Employment Opportunity Commission, Miami District Office, Attorneys for
5

Case 9:99-cv-08707-WPD Document 19 Entered on FLSD Docket 12/16/1999 Page 6 of 6
Plaintiff EEOC, at (fax 305-536-4494) 2 S. Biscayne Blvd, 2700 One Biscayne Tower, Miami, FL 33131-2438, on
1-2- j_. this day of AJouetJ£r. 199
Gordon R. Leech, Attorney at Law 400 Executive Center Drive, Suite 201 West Palm Beach, Florida 33401 Tel: 561-686-6323 Fax: 561-686-6324
6

 </s> cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa

IN TilE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

NIGHT II OJ'\
11-~I.ID- ·-

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

f[5- :_; 200: ~

MADDO~ C'-"IIENCE

{)

CL.ERK, USOC I SOFL I Fl L

Plaintiff,

)

) CIVIL ACTION NO.

v.

) 99-CIV-8707-DIMITROULEAS

)

INTRACOASTAL HEALTH SYSTEMS, INC. )

and ST. MARY'S HOSPITAL, INC.

)

)

Defendants,

)

)

and

)

)

DOROTHY HENDERSON SWAIN.

)

CONSENT DECREE I. This Consent Decree (the "Decree'') is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC") and Defendants, Intracoastal Health Systems, Inc. and St. Mary's HospitaL Inc. (hereinafter referred to as Defendants) and the Intervenor, Dorothy Henderson Swain (hereinafter referred to as the "Intervenor"). The Commission, Defendants and the Intervenor are correctively referred to herein as "the Parties." 2. On September 13, 1999, EEOC initiated this action by filing its Complaint against Intracoastal Health Systems, Inc., and St. Mary's HospitaL Inc. EEOC's Complaint aneged that Intracoastal Health Systems, Inc. and St. Mary's HospitaL Inc. violated Title VII ofthe Civil Rights Act of 1964, as amended, and Title I ofthe Civil Rights Act of1991. The Commission'sComplaint

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa
stated that Defendants engaged in unlawful employment practices in West Palm Beach, Florida, when it reduced the work hours offemales in favor of males and when it forced females to change shifts in favor of males. This Consent Decree is not to be considered an admission of liability on the part of the Defendants, but is in full settlement of disputed claims on which liability has been and is expressly denied.
3. In the interests of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Consent Decree. This Decree is final and binding upon the Parties. their successors and assigns.
4. The Parties agree that this Decree resolves all claims arising out of EEOC Charge Numbers lSM-97-0190 and lSM-98-0201 and the Complaints filed in this action, and constitutes a complete resolution of all claims under Title VII that were made by the Commission and/or Intervenor in this action.
5. NOW, THEREFORE. the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 6. This Court has jurisdiction ofthe subject matter ofthis action and over the parties for the purposes of entering and enforcing this Decree. 7. Venue is proper.
GENERAL INJUNCTIVE PROVISIONS 8. Defendants Intracoastal Health Systems, Inc. and St. Mary's Hospita~ Inc., their
2

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa
officers, managers, agents, partners, supervisors, employees, and/or successors, are enjoined from engaging in conduct at the Institute of Mental Heahh ("IMH") at 901 45"' Street in West Palm Beach, Florida, which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment because of their gender. This includes, but is not limited to, reducing the work hours of females in favor ofmales and/or forcing females to change shifts in favor of males.
9. Defendants Intracoastal Heahh Systems, Inc. and St. Mary's Hospita~ Inc., their officers, managers, agents, partners, supervisors, employees, and/or successors, are enjoined from discriminating and/or retaliating against any employee at the Institute of Mental Heahh ("IMH") at 901 45th Street in West Palm Beach, Florida, who opposes any ofDefendants' practices which the employee believes to be a gender violation of Title VII; who files a charge ofdiscrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
TRAINING I0. Defendants have established a written policy of compliance with Title VII, which is attached as Exhibit A. Defendants agree that all oftheir Institute ofMental Health employees and managers will have been provided with a complete copy ofits Title VII policy no later than February 28, 2001. II. In order to further ensure the effective implementation of Defendants' antidiscrimination policy, Defendants will conduct training for all of their Charge Nurses, Nurse Manager(s), Mental Heahh Technicians, and/or any other individual who is responsible for the
3

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa
scheduling of the Mental Health Technicians, who work at their West Palm Beach psychiatric facility (IMH). Such training will be at least two hours in length and shall be conducted no later then April 30, 2001. For every year after that, for new employees hired not previously trained, training will occur on an annual basis throughout the duration of this Decree. Training will pertain to ensuring compliance with this Consent Decree through educating individuals regarding Title VII and the requirements of this Decree. Defendants agree to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the date(s) and location(s) of the training, copies of all training materials to he used at the training session. the name of the individual(s) who will be providing the training and a list of the names and titles of each employee who will be in attendance at the training. Additionally, Defendants will invite EEOC to be in attendance at each training session(s).
POSTING 12. Defendants will post the Notice at its Institute of Mental Health West Palm Beach facility on the employee bulletin board, attached as Exhibit 8, no later than February 29, 2001, for three (3) years.
MONITORING 13. Defendants will retain all employment records relating in any way to any complaint or allegation of retaliation or gender discrimination, made during the term of this Consent Decree, at Defendants' Institute of Mental Health located at 901 45'h Street in West Palm Beach, Florida, for the duration of this Decree and as required under federal law. Defendants will use and maintain Institute of Mental Health records reflecting any and all cancellations of shifts, work schedules and physical altercations.
4

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa
14. Defendants will certifY, through a "Certification Package," to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification will be due no later than June 1, 2001. With each certification the Defendant will further provide the EEOC with the name, address, and phone number of any person who alleges, orally or in writing, that they have been discriminated against or treated unfairly in scheduling and/or shift cancellations because of their gender or may have been retaliated against while working at Defendants' Institute ofMental Health facility in West Palm Beach, Florida during the preceding six (6) months. Copies of all complaints and Defendants' internal investigation will be included in the Certification Package. Anything else the Defendants feel is relevant to ensuring this Consent Decree is complied with will also be included.
MONETARY RELIEF 15. Defendants agree to pay the total amount of$90,000.00 in damages, fees and costs. The monetary amount will be divided amongst Dorothy Henderson Swain, Alfreda Lewis, Portia Smith. and Naomi Schneidrniller, and to Ms. Swain's private legal counse~ Gordon Leech, as set forth by the EEOC. No later than fifteen ( 15) business days afer the entry of the Consent Decree, Defendant will mail checks to Dorothy Henderson Swain, Alfreda Lewis, Portia Smith, Naomi Schneidrniller, and to Ms. Swain's private legal counse~ Gordon Leech, at the addresses provided by the Commission, certified mail return receipt, and at the same time copy the Commission on the mailings and the certified return receipts. Said copies should be forwarded to Eve G. Lowe, Esq., United States Equal Opportunity Commission, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. With respect the monies paid to the above mentioned individuals for gross backpay, Defendants shall be responsible for the payment of the employer's share of any feder~ state, and
5

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa
local income taxes. Defendants will also make the appropriate withholding deductions for federal income tax and employee contributions for Social Security tax. A paycheck stub setting forth the amount paid and the amounts withheld shall accompany each check. Defendants will issue IRS form W-2 and 1099 forms as required by law.
16. If Defendants fail to tender the above-mentioned payments within the fifteen ( 15) day period agreed upon, the Defendants shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs in EEOC ensuring the above mentioned payments.
ENFORCEMENT OF DECREE 17. The Commission and/or Gordon Leech shall have independent authority to seek the judicial enforcement of any aspect, term or provision ofthis Decree.
COSTS 18. The Parties shall bear their own costs and fees associated with this litigation, except for costs and attorneys fees for Gordon Leech, Esq., in the amount of$1 0,000.00, which is included and referenced in paragraph 15 of this Consent Decree.
DURATION OF DECREE 19. This Decree shall remain in effect for three (3) years from the date of the Court's execution ofthe Decree. During that time, this Court shall retain jurisdiction over this matter and the Parties for purposes of enforcing compliance with the Decree, including such orders as may be required to effectuate its purposes.
6

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa

AGREED TO:

FOR THE PLAINTIFF,

UNITED STATES EQUAL EMPLOYMENT OPPORTUNTIY COMMISSION

~&J~'-;) by:

Delner FranklinD-a~te:

1/ .30/ Q'L.

1

I

Regional Attorney

Miami District Office

United States Equal Employment Opportunity Commission

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO:

FOR THE DEFENDANT,

INTRACOASTAL HEALTH SYSTEMS, INC.

and

SAINT MARY'S HOSPITAL, INC.

-z__~ byii.

Date: cg/)/t? 1

ynn Hawkins, Esq.

FITZGERALD, HAWKINS, MAYANS & COOK, P.A.

Northbridge Centre, Suite 900

515 North Flagner Drive

P.O. Box 3795

West Palm Beach, Florida 33402

AIN

.:J.h!m by:--4'41-~~~~~­ Date: ech, Esq.

I I

400 Executive Center Drive, Suite 201

West Palm Beach, Florida 33401

SO ORDERED, ADJUDGED AND DECREED, this_ day of_ _ _ _ _ _, 2000.

WILLIAM P. DIMITROULEAS United States District Judge
7

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa

/
(

1t1

lntr.oo.•tal Health Syat•m•, Inc. and Affiliates . ,
HUMAN REIOURC!S ,OUCY
MANUAL

POUCY: Equal Employment
Opportunity
NUMBER: 2.2
ORIGINATION DATE: July 1, 1096

REVISJON DATE: January4, 2001

PAGE: 1 OF!

Al!\ll"'lracoeRRI HNIIh Symrrw' u..n.gement Tum lnd Emplci¥MI

. . . .nt;

lntr.xJ llllil ..._llh Sys1llml ptQVIdel eqUIIIa•!ploylt.n~ (EE0)~ Ill tJI . . . . . . . . .,~Team, ai~R.pplallfafar~iBCwlhout~ID ,_, calar,AIIglon, marbl...., gender. MXWII ortentatb1, ,.tlonal origlrl,ege,
diAIIillf, orltlllul u a VJ8lrlam..tn or specill dllabled veteran In acx:ordiM a with applcable ...,_, .,_ ·.4l'!d•locxll ..,_ Tw. PQ&.'Y applll ID al l8lms lnd cundlllc,. af ~ indudinQ, but nat llrniiBd to, hlrtlll. pl8c:emant. DrDmdlon. twmh ldan, '-Yulf, ..-. IMvas ot absence, cumpeinsallon, end hlnlng.

Proc;tdum:

IHS ~ prohlbiW q form c1 unlawfW employee hanlllment or rMIIIdon

....,...,..,.0.,i1l '..- liMed on Nllglon, marillll...,., gender,-, aolar, ndorMII ~ IIQII, dllablly,

or ltltUe • a V..,.,....

diAbled vefiiiWI. l~fr.......,a wfth

the llbllil)' at IH8

T..n and~ to petfilrrn tMir expedad )Db

dUlles ,, nat ialeimd.

I

.,..In .-b1h The purpoee at'* po11c:y ill ~ ~ • 00~\~Wont process to be foluwed Dy HS

meeting.,. equal emp~ooJment opportun~~r requnments

bV .._

end ,.......,... ....,. natlanel, ...... 8!1Ciloc81!ellel.

1. l!ltw1llbl!ly:
A. E.acn IHS ~ will deslgnn .n Individual to function u that entity's Equal
Opportunity Coordinator. Tho~ Pr•I'Ciant. Human R8sCtllcel, IHS or dellgnee will fundlon .. the IHS clellgnee Equlil Opportunity Coonfmtor 8nd 1J11 such will provide gui<Sance on t11e applc:ation af fhll policy.
B. The oper8llng entity'& HR Manegerwll be ruponelble fordlueminaling the conlllnts
and lntant r;rf this policy to 1111 ar tho IH8 Management T..n ancl amployHs and \o
all ext.mal refemll SDUrOM.
C. EEO -1 ~wi'WCO~ on iln·annual basis.

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa

2. Reaub

A. .A.dvwtiHmems wU1 be placed In publatlona knOWn to hava I'Mdershlp among minority ~ end other prot8ctad dooa gi"O\Jpll listed ilboW In the polley
allitwnent. The phraM "Equal Opportunity Employer' wil be l.ll'd an Ill job
openlroge.
' ''· ;,•\ •, ' ·:, ·•. B. Job potting. wll be ·draJieliiKI Ill community agenQM, schools, ancl other
recogniad eourou ofminorft¥ and/or protKted cleu appbnta.

C. The V101 President of Humen Rssourc:ea or daa!Qr. wll develop llfld 1mp1ament

approact1BS to attn1ct and/or ,_.n mlnoltty and/or oCher pnMd8d cteas

,_,agement Team end~.

a

D.

orvec:ana. eun.ntrrinarlly .nd/or~ c:laa ~T-and ~wll be

made ......

and encouraged to apply and/or recruit oilers to apply.

A. lndlllldu.ll wllbe uled8d baud an llblllty, ~. ln!Hng, end alwt.oa.

necus.y to meet the -nticll Job fur!dlone - 8piCitled In . . ~ JOb

descrfptlon.

'

B. Job cte.a1pllons and aeledian procedures wl1 be rtlg!Mrty ~ by the Vlc:e Preaiclent olllu11111n ~ ur dalgnee to ..,... that I10it*1g dilafmlnataa against any Individual oCher then on a bona-fide oc:cupalloNII qualllcetior1 bula.
c. The Vice President rl ...._, R8IOUrcel or dlllgrwe wlllltablah and monitor
()I'OCI8Clnl for the ~ rl ~ lllld olher prgtec:IBd . . . lndMduala lhrOIIghDut lntriiCOIIItal.--. s~

D. Cun8flt mlnortty and/or~ c:laa Mal18g11118111 Tam and ~)IMI Yeti be !Mile..,.of vecandaa and enc:ouf'll98d to apply and/or reault ~to epplyb'
~

rw . . Q u .
l and

lulllte8dri~ iW····: · · !'· J ~ •~·WL I. I.~ t••. !IwC11' hbrne8Y~enehqeUnIoIaIIXjaIbflalikdlellalllollrlnk

r

l

c

M

r~~~m~~ iqe.

B. Qualltled ataff·nie ilbielw wiR ~'t;IW1 equal COIIIjderatlon for advei"'C8fT**t wllhout

regard to prulacled d - lllitUI.

c.

Te-n ea,_,. IIJ'Id ~·1· dM!apmilnt ooechlng wt1 be mede iiVIIIIble liD all of the

M<tn11gement

~·empbJUI.

s. Genertl:

A. At each en11ty thenl will be con&l&tllrlt end equitable lldmlnlatrwtion rl Ulary .nd benefit programs based on defined job ducrlpllona 8nd lllincllrdlud l)l1ldlaM 8f'd

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa

ptOC8dUI'M.

R. AIIIHS human r8sautee policlee, ~- and practlcM wll be lmplornanliMI end

adminilhlrild on. non-dllci1mlnn•y bull.

,, ' · .

'

I

n. C. · Reuonll~!ncc::amrio!ldoni"'MI bll11'18de to facilitn ~ cpportunlllea far
those lndMd\lels~who ~ and mentally handlc:apped or dlubled. Sud'! Atx:DrNniidlltlnne rriey ll'ldUde jab I'HtNeturing, p8Mime, or mad1lled work
~.worlcllll~ac:qulslllonormodlllcllllonof-.qulpmentar~.
and qulllfled I"Mdera or~-

cv-08707-WPD Document 66 Entered on FLSD Docket 02/06/2001 Pa

EXHIBIT "8" NOTICE
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BE1WEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION & INTRACOASTAL HEALTH SYSTEMS, INC. AND ST. MARY'S HOSPITAL,INC.

This notice is being posted as part of a Consent Decree entered by the Court in Equal Emnlovment Opportunity Commission et. al. v. Intracoastal Health Systems. Inc. and St. Mary's Hospital Inc., Civil Action No. 99-CIV-8707-DIMITROULEAS. Title VU protects individuals from employment discrimination because oftheir race, religion, color, sex (including wage disparity, shift disparity, sexual harassment and pregnancy) and/or national origin. Title VIT also protects individuals from retaliation for having complained of an unlawful employment practice.
Intracoastal Health Systems and St. Mary's Hospital have agreed that they support Title VU and will not condone discrimination of any kind as set forth in federal laws, including, but not limited to, gender discrimination. Moreover, Intracoastal and St. Mary's assures its employees that it supports Title VII and will not take any action against an individual because that individual has exercised his or her rights under the law to oppose discriminatory acts or to file charges with the EEOC.
Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination.
Employees or applicants for employment who have questions about their rights under Title VU or any other federal anti-discrimination law may telephone the Miami District Office ofthe Equal Employment Opportunity Commission at 1-800-669-4000 or (305) 530-6006.

Signed this _ _ day of _ _ _, 2000.

[insert name and title here of Human Resources Director]

 </s> Case 9:99-cv-08053-WPD

Document 32 Entered on FLSD Docket 02/14/2000
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Page 1 of 4

CASE NO. 99-8707-CIV-DIMITROULEAS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

vs.
INTRACOASTAL HEALTH SYSTEMS, INC., and ST. MARY'S HOSPITAL, INC.,
Defendants.

FEB 1 1 2000
CLARENCE MAUDOX CLERK U.S. OIST. CT S.D. OF FLA. FT. LAUD.

DOROTHY HENDERSON SWAIN, Plainti Wintervenor.
-------------~----------------/
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 99-8053-CIV-DIMITROULEASV"

DOROTHY HENDERSON SWAIN,

Plaintiff,

vs.

INTRACOASTAL HEALTH SYSTEMS, INC., a Florida corporation, d/b/a ST. MARY'S HOSPITAL,

Defendant. ------------------------------/
ORDER CONSOLIDATING THE ACTIONS

THIS CAUSE is before the Court upon the Motion to Consolidate, joined by all parties,

filed herein on February 8, 2000. The Court has reviewed the pleadings filed to date, and after

due consideration, it is ORDERED AND ADJUDGED as follows:

Consolidation

1. The above-captioned actions (the "Actions") and any other actions filed as related to any

of these actions are hereby consolidated into one action (hereinafter, the "Consolidated

Case 9:99-cv-08053-WPD Document 32 Entered on FLSD Docket 02/14/2000 Page 2 of 4 Action") for all purposes, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. This Order (the "Order") shall apply as specified to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or transferred to this Court and is consolidated with the Consolidated Action. Master Docket and Master File
2. A Master File is hereby established for this proceeding. The Master File shall be 99-8707 elY -DIMITROULEAS. From this point on, the Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. An original of this Order shall be filed by the Clerk in the Master File, with copies placed in each of the other fifteen cases styled above. Caption of the Case
3. Every pleading filed in the Consolidated Action shall have the following caption:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Case No.· 99-CY-8707-DIMITROULEAS

Plaintiff,

vs.

INTRACOASTAL HEALTH SYSTEMS, INC., and ST. MARY'S HOSPITAL, INC.,

Defendants.

DOROTHY HENDERSON SWAIN, PlaintifflIntervenor.
----------------------N--e-w-ly---f-il-ed--o-r/Transferred Actions

4. This Court requests the assistance of both plaintiffs' counsel and defendants' counsel in

calling to the attention of the Clerk of this Court the filing or transfer of any case that

might properly be consolidated as part of the Consolidated Action. When a case that

arises out of the same subject matter of the Consolidated Action is hereinafter filed in this

2

Case 9:99-cv-08053-WPD Document 32 Entered on FLSD Docket 02/14/2000 Page 3 of 4 Court or transferred from another Court, upon notice to the Clerk of this Court, the Clerk's Office shall: a. File a copy of this Order in the separate file for such action; b. Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly-filed or transferred case and to any new defendant(s) in the newly-filed or transferred case; and c. Make the appropriate entry in the Master Docket for the Consolidated Action.
S. Each new case that arises out of the subject matter of the Consolidated Action which is filed in this Court or transferred to this court, shall be consolidated with the Consolidated Action and this Order shall apply thereto, unless a party objects to consolidation, as provided for herein, or objects to any provision of this Order, within ten (10) days after the date upon which a copy of this Order is served on counsel for such party, by filing an application for relief, and if this Court deems it appropriate to grant such application. Nothing in the foregoing shall be construed as a waiver of the defendants' right to object to consolidation of any subsequently-filed or transferred related action. Conclusion It is FURTHER ORDERED AND ADJUDGED as follows: 1. The Motion to Consolidate is hereby GRANTED; 2. Case number 99-CIV-8707-WPD shall be consolidated with 99-CIV-8053-WPD; 3. All pleadings hereinafter shall bear the following case number, 99-CIV-8707-
DIMITROULEAS; 4. The Court hereby Vacates the scheduling Order previously submitted, and orders the
parties to submit an updated Joint Scheduling Report within ten (10) days of the filing of this Order;
5. Case Number 99-CIV-8053-DIMITROULEAS, shall be closed for administrative
3

Case 9:99-cv-08053-WPD Document 32 Entered on FLSD Docket 02/14/2000 Page 4 of 4

purposes; All pending motions in the consolidated cases are hereby DENIED AS MOOT, given

the rulings entered herein.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,

---++_ this

day of February, 2000.

copies to:
M. Teresa Rodriguez, Esq. Gordon Leech, Esq. Michael Brown, Esq. Lynn Hawkins, Esq.

United States District Judge

4

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U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:99-cv-08707-WPD

CLOSED

Equal Employment v. Intracoastal Health, et al Assigned to: Judge William P. Dimitrouleas Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 09/13/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Eve G. Lowe Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren Ann Greenbaum Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6005 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maria Teresa Rodriguez Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6010 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Farrell Jill S. Schwartz & Associates, P.A.

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V. Defendant Intracoastal Health Systems, Inc.,
Defendant St. Mary's Hospital, Incorporated Intervenor Plaintiff Dorothy Henderson Swain
V. Intervenor Defendant Intracoastal Health Systems, Inc., Intervenor Defendant
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180 North Park Avenue Suite 200 Winter Park, FL 32789 407-647-8911 Fax: 407-628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lynn Gilleland Hawkins Fitzgerald Hawkins Mayans & Cook 515 N Flagler Drive Suite 900 PO Box 3795 West Palm Beach, FL 33402 561-832-8655 Fax: 832-8678 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lynn Gilleland Hawkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gordon Robert Leech Samster Konkel & Safran 1110 N Old World 3 Street Suite 405 Milwaukee, WI 53203 414-224-0400 Fax: 224-0280 Email: gleech@attorneyleech.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lynn Gilleland Hawkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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St. Mary's Hospital, Incorporated

represented by Lynn Gilleland Hawkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/13/1999 09/13/1999 09/13/1999 09/17/1999
10/08/1999 10/12/1999 10/12/1999
11/15/1999 11/19/1999 11/19/1999
11/19/1999 12/02/1999
12/02/1999

#

Docket Text

1 COMPLAINT filed; A-7 AEV: FEE: Waived (at, Deputy Clerk) (Entered: 09/22/1999)
Magistrate identification: Magistrate Judge Ann E. Vitunac (at, Deputy Clerk) (Entered: 09/22/1999)
2 SUMMONS() issued for Intracoastal Health (at, Deputy Clerk) (Entered: 09/22/1999)
3 ORDER OF PRETRIAL PROCEDURES: Please refer to Order for Pretrial Procedures. (Signed by Judge Kenneth L. Ryskamp on 09/17/99) CCAP [EOD Date: 9/22/99] (at, Deputy Clerk) (Entered: 09/22/1999)
4 NOTICE of attorney appearance for Equal Employment by Maria Teresa Rodriguez (Former Deputy Clerk) (Entered: 10/18/1999)
5 NOTICE of Filing Waiver of Service of Summons by Equal Employment (Former Deputy Clerk) (Entered: 10/18/1999)
6 Waiver of service executed by St. Mary's Hospital, Intracoastal Health (Attorney Valerie G. Larcombe, General Counsel), 9/29/99 Answer due by 11/28/99 for St. Mary's Hospital, for Intracoastal Health (Former Deputy Clerk) (Entered: 10/18/1999)
7 MOTION to Intervene as Plaintiff by Dorothy Henderson Swain (Former Deputy Clerk) (Entered: 11/16/1999)
8 Answer and Defenses by Intracoastal Health, St. Mary's Hospital (Attorney Lynn Gilleland Hawkins) (Former Deputy Clerk) (Entered: 11/23/1999)
9 RESPONSE by Intracoastal Health, St. Mary's Hospital to [7-1] motion to Intervene as Plaintiff by Dorothy Henderson Swain (Former Deputy Clerk) (Entered: 11/23/1999)
10 MOTION with memorandum in support by Intracoastal Health, St. Mary's Hospital to Consolidate cases (Former Deputy Clerk) (Entered: 11/23/1999)
11 Unopposed MOTION by Equal Employment for an Extension of Time in which to File a Response to Defendants' Motion to Consolidate (Former Deputy Clerk) (Entered: 12/02/1999)
12 ORDER granting [11-1] motion for an Extension of Time in which to File a Response to Defendants' Motion to Consolidate Response to motion reset to 12/17/99 for [10-1] motion to Consolidate cases ( Signed by Judge Kenneth L. Ryskamp on 12/2/99) CCAP [EOD Date: 12/3/99] (Former Deputy Clerk) (Entered: 12/03/1999)

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12/03/1999 12/03/1999 12/07/1999 12/10/1999 12/14/1999 12/14/1999 12/14/1999 12/15/1999 12/16/1999 12/20/1999
12/20/1999 12/27/1999 12/28/1999 01/03/2000 01/03/2000

13 ORDER granting [7-1] motion to Intervene as Plaintiff by Dorothy Henderson Swain ( Signed by Judge Kenneth L. Ryskamp on 12/3/99) CCAP [EOD Date: 12/3/99] (kw, Deputy Clerk) (Entered: 12/03/1999)
19 Intervenor's COMPLAINT by Dorothy Henderson Swain against Intracoastal Health, St. Mary's Hospital (Former Deputy Clerk) (Entered: 12/16/1999)
14 Proposed Joint Scheduling Report of Scheduling Meeting by Equal Employment, Intracoastal Health, St. Mary's Hospital (Former Deputy Clerk) (Entered: 12/08/1999)
15 AMENDED ANSWER and DEFENSES to Complaint by Intracoastal Health, St. Mary's Hospital : amends [8-1] answer (Former Deputy Clerk) (Entered: 12/13/1999)
16 NOTICE of Hearing: set Jury trial for 10/9/01 before Judge Kenneth L. Ryskamp , set pretrial stipulation due for 9/26/01 , set calendar call for 1:15 10/3/01 before Judge Kenneth L. Ryskamp (go, Deputy Clerk) (Entered: 12/15/1999)
17 SCHEDULING ORDER setting Deadline for filing of all motions by 4/30/01 Discovery cutoff 3/31/01 ; ( Signed by Judge Kenneth L. Ryskamp on 12/14/99) CCAP [EOD Date: 12/15/99] CCAP (go, Deputy Clerk) (Entered: 12/15/1999)
18 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Kenneth L. Ryskamp on 12/14/99) CCAP [EOD Date: 12/15/99] (go, Deputy Clerk) (Entered: 12/15/1999)
20 ANSWER and Defenses by Intracoastal Health, St. Mary's Hospital to [19-1] intervenor complaint (Former Deputy Clerk) (Entered: 12/16/1999)
21 RESPONSE by Equal Employment in opposition to [10-1] motion to Consolidate cases (Former Deputy Clerk) (Entered: 12/16/1999)
22 Emergency MOTION with memorandum in support by Equal Employment for Clarification of Defendants' Ability to Conduct Ex Parte Interviews with Former and Current Employees of Defendants (Former Deputy Clerk) (Entered: 12/22/1999)
23 Emergency MOTION with memorandum in support by Equal Employment for Leave to Conduct Ex Parte Interviews With Current Managers of Defendant Who Fit Within The Class (Former Deputy Clerk) (Entered: 12/22/1999)
24 RESPONSE TO ORDER OF REFERRAL TO MEDIATION re: selection of Martin Soll as Mediator by Equal Employment (Former Deputy Clerk) (Entered: 12/28/1999)
25 REPLY by Intracoastal Health, St. Mary's Hospital to response to [10-1] motion to Consolidate cases (Former Deputy Clerk) (Entered: 12/29/1999)
26 ORDER SCHEDULING MEDIATION before Mediator Martin Soll for April 17, 2001 at 10:00 a.m. (Signed by Judge Kenneth L. Ryskamp on 01/03/00) CCAP [EOD Date: 1/4/00] (Former Deputy Clerk) (Entered: 01/04/2000)
27 RESPONSE by Intracoastal Health, St. Mary's Hospital to [22-1] motion for Clarification of Defendants' Ability to Conduct Ex Parte Interviews with Former and Current Employees of Defendants (Former Deputy Clerk) (Entered:

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01/03/2000 01/04/2000
01/11/2000 01/12/2000 01/14/2000 01/14/2000 01/19/2000 01/19/2000 01/21/2000 01/21/2000 02/08/2000 02/11/2000 02/11/2000

01/04/2000)
28 RESPONSE by Intracoastal Health, St. Mary's Hospital to [23-1] motion for Leave to Conduct Ex Parte Interviews With Current Managers of Defendant Who Fit Within The Class (Former Deputy Clerk) (Entered: 01/04/2000)
29 NOTICE OF HEARING: Motion hearing before Judge Kenneth L. Ryskamp set for 8:30 a.m. on 1/12/00 for [22-1] motion for Clarification of Defendants' Ability to Conduct Ex Parte Interviews with Former and Current Employees of Defendants and [23-1] motion for Leave to Conduct Ex Parte Interviews With Current Managers of Defendant Who Fit The Class (Signed by Judge Kenneth L. Ryskamp on 1/4/00) CCAP [EOD Date: 1/5/00] (Former Deputy Clerk) (Entered: 01/05/2000)
30 MOTION by Dorothy Henderson Swain to amend [1-1] complaint (Attached) (Former Deputy Clerk) Modified on 01/12/2000 (Entered: 01/12/2000)
31 Minutes of Motions for Leave to Conduct Ex Parte held before Judge Kenneth L. Ryskamp on 1/12/00; Court Reporter Name: Criss Bertling; Ruling reserved (Former Deputy Clerk) (Entered: 01/13/2000)
32 NOTICE of Filing Stipulation of Plaintiff and Defendant Intracoastal in support of Plaintiff's Motion to Amend Her Complaint by Dorothy Henderson Swain (Former Deputy Clerk) (Entered: 01/18/2000)
33 STIPULATION by Dorothy Henderson Swain, Intracoastal Health, St. Mary's Hospital In Re: Motion to Amend Complaint (Former Deputy Clerk) (Entered: 01/18/2000)
34 ORDER transferring case to the calendar of Judge Dimitrouleas for all further proceedings (Signed by Judge Kenneth L. Ryskamp on 1/12/00 and by Judge William P. Dimitrouleas on 1/19/00) CCAP [EOD Date: 1/20/00] (ss, Deputy Clerk) (Entered: 01/20/2000)
CASE assigned to Judge William P. Dimitrouleas (ss, Deputy Clerk) (Entered: 01/20/2000)
35 NOTICE of filing cases available only on Lexis in support of motion for partial summary judgment by Intracoastal Health (ss, Deputy Clerk) (Entered: 01/24/2000)
36 NOTICE of filing portions of plaintiff's deposition, exhibits and interrogatory answers cited in motion for partial summary judgment by Intracoastal Health (COPY) (ss, Deputy Clerk) (Entered: 01/24/2000)
37 EMERGENCY MOTION by Dorothy Henderson Swain, Equal Employment, Intracoastal Health, St. Mary's Hospital to consolidate, requesting to be heard on a expedited basis (ss, Deputy Clerk) (Entered: 02/09/2000)
38 ORDER Granting [37-1] motion to consolidate; Vacating [17-1] Scheduling Order; Directing parties to file an updated joint scheduling report (Signed by Judge William P. Dimitrouleas on 2/11/00) CCAP [EOD Date: 2/14/00] (ss, Deputy Clerk) (Entered: 02/14/2000)
DOCKET pleadings in LEAD case only (ss, Deputy Clerk) (Entered: 02/14/2000)

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02/28/2000 02/28/2000 03/07/2000 03/07/2000 03/07/2000
03/07/2000 03/07/2000 03/13/2000 03/16/2000 03/21/2000 03/21/2000 03/23/2000 03/23/2000 03/23/2000 03/23/2000

39 APPLICATION by Equal Employment for relief citing partial objections to [38-1] order (ss, Deputy Clerk) (Entered: 02/28/2000)
40 JOINT Scheduling Report by Equal Employment, Intracoastal Health, St. Mary's Hospital, Dorothy Henderson Swain (ss, Deputy Clerk) (Entered: 02/28/2000)
41 MOTION by Equal Employment for leave to conduct ex parte interviews with current managers of defendants who fit within the class (ss, Deputy Clerk) (Entered: 03/08/2000)
42 MOTION by Equal Employment for clarification of defendants' ability to conduct ex parte interviews with former and current employees (ss, Deputy Clerk) (Entered: 03/08/2000)
43 ORDER setting Deadline for filing of all motions by 1/19/01; Jury trial set for 3/26/01; Pretrial Stipulation due on or before 3/9/01; Calendar call set for 10:00 3/23/01; Discovery cutoff 1/5/01 (Signed by Judge William P. Dimitrouleas on 3/7/00) CCAP [EOD Date: 3/8/00] CCAP (ss, Deputy Clerk) (Entered: 03/08/2000)
43 ORDER referring case to mediation. 15 days to appoint mediator (Signed by Judge William P. Dimitrouleas on 3/7/00) CCAP [EOD Date: 3/8/00] (ss, Deputy Clerk) (Entered: 03/08/2000)
43 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Linnea R. Johnson (Signed by Judge William P. Dimitrouleas on 3/7/00) CCAP [EOD Date: 3/8/00] (ss, Deputy Clerk) (Entered: 03/08/2000)
44 NOTICE of serving and filing her initial disclosure of witnesses, documents and physical evidence upon all parties by Dorothy Henderson Swain (ss, Deputy Clerk) (Entered: 03/14/2000)
45 POSITION on Magistrate Jurisdiction (do not consent) by Intracoastal Health, St. Mary's Hospital (ss, Deputy Clerk) (Entered: 03/16/2000)
46 RESPONSE by Intracoastal Health, St. Mary's Hospital to [42-1] motion for clarification of defendants' ability to conduct ex parte interviews with former and current employees (ss, Deputy Clerk) (Entered: 03/21/2000)
47 RESPONSE by Intracoastal Health, St. Mary's Hospital to [41-1] motion for leave to conduct ex parte interviews with current managers of defendants who fit within the class (ss, Deputy Clerk) (Entered: 03/21/2000)
48 POSITION regarding Magistrate Consent Jurisdiction (does not agree) by Equal Employment (ss, Deputy Clerk) (Entered: 03/24/2000)
49 NOTICE of Unavailability of Counsel M. Teresa Rodriguez (6/22/00 through 7/3/00) by Equal Employment (ss, Deputy Clerk) (Entered: 03/24/2000)
50 ORDER Granting [30-1] unopposed motion to amend [1-1] complaint (Signed by Magistrate Linnea R. Johnson on 3/23/00) CCAP [EOD Date: 3/27/00] (ss, Deputy Clerk) (Entered: 03/27/2000)
51 ORDER Granting [39-1] application for relief citing partial objections to [38-1] order (see Order) Striking as Moot [22-1] motion for Clarification of Defendants' Ability to Conduct Ex Parte Interviews with Former and Current Employees of

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03/30/2000 03/30/2000 04/06/2000
04/06/2000
04/24/2000 04/26/2000 04/28/2000 05/18/2000 06/01/2000 10/25/2000
10/26/2000
12/11/2000 01/12/2001

Defendants; Striking as Moot [23-1] motion for Leave to Conduct Ex Parte Interviews With Current Managers of Defendant Who Fit The Class (Signed by Magistrate Linnea R. Johnson on 3/23/00) CCAP [EOD Date: 3/27/00] (ss, Deputy Clerk) (Entered: 03/27/2000)
52 REPLY by Equal Employment to response to [42-1] motion for clarification of defendants' ability to conduct ex parte interviews with former and current employees (ss, Deputy Clerk) (Entered: 03/30/2000)
53 REPLY by Equal Employment to response to [41-1] motion for leave to conduct ex parte interviews with current managers of defendants who fit within the class (ss, Deputy Clerk) (Entered: 03/30/2000)
54 ORDER Denying [42-1] motion for clarification of defendants' ability to conduct ex parte interviews with former and current employees (Signed by Magistrate Linnea R. Johnson on 4/6/00) CCAP [EOD Date: 4/10/00] (ss, Deputy Clerk) (Entered: 04/10/2000)
55 ORDER Denying [41-1] motion for leave to conduct ex parte interviews with current managers of defendants who fit within the class (Signed by Magistrate Linnea R. Johnson on 4/6/00) CCAP [EOD Date: 4/10/00] (ss, Deputy Clerk) (Entered: 04/10/2000)
56 OBJECTIONS by Equal Employment to [54-1] order (ss, Deputy Clerk) (Entered: 04/25/2000)
57 ORDER Overruling [56-1] objections (Signed by Judge William P. Dimitrouleas on 4/25/00) CCAP [EOD Date: 4/27/00] (ss, Deputy Clerk) (Entered: 04/27/2000)
58 ORDER Denying as Moot [10-1] motion to Consolidate cases (Signed by Judge William P. Dimitrouleas on 4/28/00) CCAP [EOD Date: 5/1/00] (ss, Deputy Clerk) (Entered: 05/01/2000)
59 NOTICE of serving first amended complaint by Dorothy Henderson Swain (ss, Deputy Clerk) (Entered: 05/19/2000)
60 ANSWER and Defenses by Intracoastal Health, St. Mary's Hospital to first amended complaint (ss, Deputy Clerk) (Entered: 06/02/2000)
61 JOINT MOTION by Equal Employment, Intracoastal Health, St. Mary's Hospital, Dorothy Henderson Swain to extend time for four months of the remaining litigation deadlines and supporting memorandum of law (lh, Deputy Clerk) (Entered: 10/26/2000)
62 ORDER Denying [61-1] joint motion to extend time for four months of the remaining litigation deadlines and supporting memorandum of law; Resetting discovery deadline for 3/9/01 (Signed by Judge William P. Dimitrouleas on 10/26/00) CCAP [EOD Date: 10/27/00] (ss, Deputy Clerk) (Entered: 10/27/2000)
63 NOTICE of Mediation Hearing on 1/2/01 at 10:00 added as mediator (ss, Deputy Clerk) (Entered: 12/12/2000)
64 FINAL report of Mediator. Disposition: Settled (ss, Deputy Clerk) (Entered: 01/16/2001)

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https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?714067307816221-L_92...

01/29/2001
02/05/2001 02/06/2001 02/06/2001 02/06/2001 02/07/2001 02/07/2001

65 ORDER TO SHOW CAUSE why a stipulation for dismissal has not been filed. Response to Order to Show Cause due 2/8/01 (Signed by Judge William P. Dimitrouleas on 1/29/01) CCAP [EOD Date: 1/30/01] (ss, Deputy Clerk) (Entered: 01/30/2001)
66 CONSENT DECREE by Equal Employment, Intracoastal Health, St. Mary's Hospital, Dorothy Henderson Swain (ss, Deputy Clerk) (Entered: 02/06/2001)
67 ORDER Approving [66-1] Consent Decree (Signed by Judge William P. Dimitrouleas on 2/6/01) CCAP [EOD Date: 2/7/01] (ss, Deputy Clerk) (Entered: 02/07/2001)
68 FINAL ORDER Approving [66-1] consent decree; Dismissing action with prejudice ; Closing Case (Signed by Judge William P. Dimitrouleas on 2/6/01) CCAP [EOD Date: 2/7/01] (ss, Deputy Clerk) (Entered: 02/07/2001)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (ss, Deputy Clerk) (Entered: 02/07/2001)
69 RESPONSE to [65-1] Order to Show Cause by Intracoastal Health, St. Mary's Hospital (ss, Deputy Clerk) (Entered: 02/08/2001)
70 RESPONSE to [65-1] Order to Show Cause by Equal Employment (Attorney Michael J. Farrell) (ss, Deputy Clerk) (Entered: 02/08/2001)

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[CONTENT] September 1999 | EEOC | Miami District Office | U.S. | District Court | the Southern District | Florida | Intracoastal Health Systems | St. Mary's Hospital ||| West Palm Beach | Title VII of the Civil Rights Act ||| One | February 2000 |||  ||| February 2001 ||| 90,000 [SUMMARY] In September 1999, the EEOC's Miami District Office brought suit in U.S. District Court for the Southern District of Florida, against Intracoastal Health Systems and St. Mary's Hospital. The complaint alleged the female employees at the defendants' West Palm Beach facility were given reduced workloads because of their sex and were forced to change shifts to accommodate male employees, in violation of Title VII of the Civil Rights Act.

One of the female employees intervened as a plaintiff, and in February 2000 the case was consolidated by consent motion with a separate action that she had previously brought against the defendants (9:99-cv-08053). The case was referred to mediation, which resulted in a settlement. In February 2001, a consent decree was entered. The defendants agreed to pay a total of $90,000 and were ordered to distribute their anti-discrimination policy and to provide training in anti-discrimination law for shift schedulers.

