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Equal Employment Opportunity Commission v. M.G.H. Family Health Center

United States District Court, W.D. Michigan, Southern Division

February 16, 2017

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
M.G.H. FAMILY HEALTH CENTER d/b/a MUSKEGON FAMILY CARE, Defendant.

          KENNETH BIRD OMAR WEAVER (P58861) MILES SHULTZ (P73555) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Attorneys for Plaintiff

          GERALD L. MAATMAN, JR. CHRISTOPHER CASCINO SEYFARTH SHAWL LLP Attorneys for Defendant

          CONSENT DECREE

          Paul L. Maloney United States District Judge

         Plaintiff, Equal Employment Opportunity Commission (“EEOC” or “Commission”) brought this action against M.G.H. Family Health Center d/b/a Muskegon Family Care (“MFC” or “Defendant”) under Title I of the Americans with Disabilities Act of 1990 as amended and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability. The Commission alleged that the Defendant violated the ADA when it fired Avis Lane because it regarded her as disabled. The Court granted the Commission's motion for partial summary judgment regarding liability.

         As a result of settlement discussions, the Commission and MFC have agreed that this action should be settled by entry of this Consent Decree (“Decree”). It is the intent of the parties that this Decree be a final and binding settlement in full disposition of the claims alleged in the Complaint filed by the Commission.

         It is therefore the finding of this Court, made on the pleadings and record as a whole that: (1) the Court has jurisdiction over the parties and subject matter of this action; (2) the purpose and provisions of the ADA will be promoted and effectuated by the entry of this Consent Decree; and (3) this Consent Decree resolves all matter in controversy between the parties as provided below.

         NOW, THEREFORE, IT IS ORDRED, ADJUDGED AND DECREED:

         INJUNCTION

         1. MFC, its officers, agents, employees, successors, assigns, and all persons acting in concert with it are permanently enjoined from firing an employee because of an actual or perceived disability.

         2. MFC, its officers, agents, employees, successors, assigns, and all persons acting in concert with it are permanently enjoined from retaliating against any of its employees, former employees, or applicants for employment because the individual (a) has made a charge of discrimination or has opposed an unlawful employment practice under the ADA or any of the laws enforced by the EEOC or (b) has assisted or participated in any manner in an investigation, proceeding, or hearing under the ADA or any of the laws enforced by the EEOC.

         TRAINING

         3. MFC shall provide training to all of its managerial employees on unlawful employment practices under the ADA. This training shall include, but is not limited to, the ADA's prohibition against disability discrimination, to include regarded-as liability.

         4. All training shall occur at least one time per year for each year this Decree is in effect. For the purpose of calculating a year, the year shall begin on the date this Decree goes into effect. The next year shall begin on that same date the following year. For example: if the Decree goes into effect on May 1, 2017, then Year 2 of Decree begins May 1, 2018.

         5. Training for Year 1 of the Decree shall commence no later than six months after the Decree goes into effect.

         6. The EEOC maintains the right to send a representative to attend and observe the trainings. In the event that the EEOC wishes to send a representative to attend and observe the trainings, the EEOC must provide (30) days notice.

         REPORTING

         7. MFC shall submit the following to the EEOC no later than four weeks prior to the date any training session is scheduled to begin, for the EEOC to review:

a. Name of entity providing the training;
b. Date(s) and time(s) of training session(s);
c. Location(s) of training session(s);
d. A copy of all written material that the training session(s) will rely on or disseminate at the training session(s); and
e. A detailed outline of all topics the training session(s) will cover.

         8. No later than one month after the completion of each training session, MFC shall provide the EEOC with a certificate of completion or an affidavit asserting the completion of the training(s). The affidavits or ...


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