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Equal Employment Opportunity Commission v. Memorial Healthcare

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

June 21, 2019

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
MEMORIAL HEALTHCARE, Defendant.

          Dale Price, Trial Attorney EQUAL EMOYMENT OPPORTUNITY COMMISSION

          CONSENT DECREE

          HON. GEORGE CARAM STEEH, UNITED STATES DISTRICT JUDGE

         The Equal Employment Opportunity Commission commenced this action on February 12, 2018, alleging that Defendant Memorial Healthcare (“Memorial”), engaged in discriminatory employment practices in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title I of the Civil Rights Act of 1991 when it denied Yvonne Bair the requested religious accommodation of wearing a mask instead of having a flu inoculation and revoked her offer of employment.

         The Commission and Memorial agree that this action should be resolved by entry of this Consent Decree. This Consent Decree shall fully dispose of the claims arising out of the complaint filed by the Commission in No. 2:18-cv-10523 on behalf of Bair.

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

         Therefore, it is hereby ORDERED, ADJUDGED AND DECREED:

         NON-DISCRIMINATION AND RETALIATION

         1. Memorial and its officers, agents, employees and successors (a) are enjoined from denying applicants hire because of religious beliefs, (b) are enjoined from denying applicants hire due to the need for religious accommodation and (c) shall make all reasonable attempts to accommodate requests for religious accommodations, including requests based on religious objections to inoculation.

         2. Memorial and its officers, agents, employees and successors are enjoined from retaliating against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing in connection with this case under Title VII.

         MONETARY RELIEF

         3. Memorial shall pay back pay to Yvonne Bair in the amount of $34, 418.34, subject to applicable withholdings. Memorial shall not deduct from the back pay amount the employer's share of any costs, taxes or social security required by law to be paid by the employer. Memorial shall pay Bair non-pecuniary compensatory damages in the amount of $20, 000.00, and punitive damages in the amount of $20, 000.00. Memorial shall not deduct any amounts from the payment of compensatory or punitive damages. An IRS Form 1099 shall be issued for compensatory and punitive damages. Memorial is not responsible for the payment of any federal, state or local taxes on the 1099 amount.

         4. The payment(s) to Bair shall be mailed directly to her home address by certified mail within thirty (30) days after this Consent Decree has been entered by the Court. Within fourteen (14) days of mailing the payment(s), Memorial shall send photocopies of the check(s) and certified mail receipt(s) to the attention of the Regional Attorney, c/o Dale Price, Senior Trial Attorney, 477 Michigan Avenue, Room 865, Detroit, MI 48226 and shall also email copies to monitoring-eeoc-indo@eeoc.gov.

         POLICY AND NOTICE POSTING

         5. Memorial shall submit a copy of its revised policy and procedure pertaining to religious discrimination and accommodation within thirty (30) days of the entry of this Decree. The policy shall specify that requests for a religious exemption from the inoculation policy will be honored in the same manner as medical exemptions from ...


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