Goodstein, Judge Aaron E.

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Consent Decrees Labor and Employment Law Program 
10-7-2004 
EEOC & Suzanne Whitty v. Mount Carmel, LLC, and Benedictine 
Health System, et al. 
Judge Aaron E. Goodstein 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/condec 
Thank you for downloading this resource, provided by the ILR School's Labor and Employment 
Law Program. Please help support our student research fellowship program with a gift to the 
Legal Repositories! 
This Article is brought to you for free and open access by the Labor and Employment Law Program at 
DigitalCommons@ILR. It has been accepted for inclusion in Consent Decrees by an authorized administrator of 
DigitalCommons@ILR. For more information, please contact catherwood-dig@cornell.edu. 
If you have a disability and are having trouble accessing information on this website or need materials in an 
alternate format, contact web-accessibility@cornell.edu for assistance. 
EEOC & Suzanne Whitty v. Mount Carmel, LLC, and Benedictine Health System, et 
al. 
Keywords 
Suzanne Whitty, Mount Carmel, LLC, and Benedictine Health System, et al., 03-C-0898, Consent Decree, 
Retaliation, Sexual Harassment, Termination, Sex, Female, Healthcare, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/326 
U S. DIST. COURT EAST DIST. WSC. 
•TILED. 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF WISCONSIN 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
SUZANNE WHITTY, 
Plaintiff-Intervenor, 
v. 
MOUNT CARMEL, LLC, and 
BENEDICTINE HEALTH SYSTEM, et al., 
Defendants. 
Civil Action No. 03-C-0898 
CONSENT DECREE AND ORDER 
This suit was filed by the Equal Employment Opportunity Commission ("Commission") 
on September 15, 2003, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 
U.S.C. § 2000e et seg. ("Title VII"), Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 
1981a. The Commission alleged that Mount Carmel, LLC, discriminated against Suzanne 
Whitty when it terminated her employment as an Assistant Administrator, in retaliation for her 
opposition to an unlawful employment practice, specifically sexual harassment. 
The Commission, Plaintiff-Intervenor, and all defendants, (the "parties") have agreed to 
resolve this matter pursuant to this Consent Decree, without continuing to trial on the merits of 
the Commission's and Plaintiff-Intervenor's claims. 
NOW, THEREFORE, the Court having carefully examined the terms and provisions of 
this Consent Decree, and based on the pleadings, record and stipulations of the parties, it is 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 1 of 8 Document 40 
ORDERED, ADJUDGED, AND DECREED THAT: 
1. This Court has jurisdiction over the subject matter of this action and over the parties for 
purposes of entering and enforcing this Decree. 
2. The terms of this Decree are adequate, fair, reasonable, equitable and just. 
3. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation 
of the rights or privileges of any person. The entry of this Decree will further the 
objectives of Title VII, Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 1981a 
and will be in the best interests of the parties, those for whom EEOC seeks relief, and the 
public. 
4. This case was resolved by a mutually-agreeable settlement, to avoid the time, cost, and 
uncertainty associated with further contesting this matter. Defendants and their agents and 
employees do not admit to any wrongdoing. 
5. This Decree resolves all claims against all defendants arising out of the Charge of 
Discrimination filed by Suzanne Whitty, EEOC Charge No. 260-A2-00820, the 
Commission's amended complaint, and Ms. Whitty's amended complaint. 
INJUNCTIVE RELIEF 
1. Injunction. 
Mount Carmel, LLC, its officers, agents, employees, successors, and all persons in active 
concert or participation with it shall be and are hereby enjoined from engaging in any 
employment practice that violates Title VII, Title I of the Civil Rights Act of 1991, or 42 U.S.C. 
§ 1981a, for two years. 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 2 of 8 Document 40 
2. Training. 
Mount Carmel, LLC, shall provide training in regard to Title VII, Title I of the Civil 
Rights Act of 1991, and 42 U.S.C. § 1981a to all of its management and supervisory employees 
once per year for the next two years from the date of entry of this Consent Decree and Order, and 
shall annually provide the EEOC's Milwaukee District Office with a list of those trained and the 
date and description of the training provided, and shall include training on sexual harassment and 
retaliation. 
3. Posting. 
Mount Carmel, LLC, shall place a public notice, in a conspicuous place, at its offices, for 
a period of two years from the date of entry of this Consent Decree and Order. The notice shall 
be in the form attached hereto as Exhibit A and captioned "Notice To All Employees." Mount 
Carmel, LLC, shall annually provide the Commission's Milwaukee District Office with proof of 
compliance with this provision. 
4. Dissemination of Policy Statement 
Mount Carmel, LLC, agrees to issue and disseminate a statement to all its employees, in 
the form attached as Exhibit B (or in such other form as it may choose, with the consent of the 
Commission), affirming its obligation to comply with Title VII, Title I of the Civil Rights Act of 
1991, and 42 U.S.C. § 1981a, and affirming that it is the responsibility of all of Mount Carmel, 
LLC's employees to comply with Title VII, Title I of the Civil Rights Act of 1991, and 42 U.S.C. 
§ 1981a within 30 days of execution of this Consent Decree. Once each year for the next two 
years, Mount Carmel, LLC, shall re-issue the policy statement, to all of its human resources staff, 
recruiting department personnel, and all others with day-to-day EEO responsibility. 
3 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 3 of 8 Document 40 
5. Certification to Commission. 
Upon each annual compliance with the foregoing provision of this Consent Decree, 
Mount Carmel, LLC, shall promptly certify to the undersigned counsel for the Commission that 
Mount Carmel, LLC, has complied with it. 
6. References to Ms. Whitty by Defendant 
Mount Carmel, LLC, further agrees to prohibit any dissemination, directly or indirectly, 
to any other employer or potential employer of any facts or circumstances surrounding Ms. 
Whitty's charge of discrimination or the events relating to the charge or this lawsuit. 
7. Reporting 
For two years from the entry of this Consent Decree and Order, Mount Carmel, LLC, 
shall report in writing, to the undersigned counsel for the Commission (on a semiannual basis 
every June 30 and December 31 starting with December 31, 2004), the name, address, phone 
number, job title, of each employee or applicant for employment, and for all individuals who are 
terminated, disciplined, or promoted. Mount Carmel, LLC, shall also maintain such documents 
for the two-year term of this Decree, and shall make such documents available for inspection by 
the Commission pursuant to Paragraph 8 herein. Upon the termination of this Decree, Mount 
Carmel, LLC, shall retain documents pursuant to 29 C.F.R. §1602.14. 
8. Right of Entry for Inspection 
For two years from entry of this Consent Decree and Order, the Commission shall have 
the right, on 10 days written notice to Mount Carmel, LLC, to enter upon Mount Carmel, LLC's 
offices and inspect any relevant documents or records for the purpose of determining Mount 
Carmel, LLC's compliance with this Consent Decree and Order. 
4 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 4 of 8 Document 40 
MONETARY RELIEF 
Mount Carmel, LLC, agrees, within 15 days of signature of this Consent Decree and 
Order by the Court, to pay Ms. Whitty $27,500.00 for alleged past and future lost payroll income, 
less appropriate deductions, and Mount Carmel, LLC, shall pay its own share of all applicable 
withholdings, which shall not reduce the award. Mount Carmel, LLC, further agrees to pay Ms. 
Whitty $150,000.00 for all other forms of alleged damages, including emotional distress and 
reputation damages, and to pay her attorney, Walter F. Kelly, $80,000.00 for plaintiff-
intervenor's reasonable attorney's fees, costs, and other litigation expenses. Mount Carmel, LLC, 
shall mail the payments to Ms. Whitty and Mr. Kelly's firm c/o Attorney Walter F. Kelly, Walter 
F. Kelly, S.C., Broadway Theatre Center, 158 North Broadway, Suite 600, Milwaukee, 
Wisconsin 53202, and shall simultaneously provide a copy of the payment check(s) to the 
undersigned counsel for the Commission. 
SO ORDERED, ADJUDGED AND DECREED this 7 ^ d a y offfifefl, 2004. 
XT 15 &/vfW\ &c^f*4 tKd ait $*nji^ ftvtmi fr& dpwtdqs irwfft 
DistricfCourt Magistrate United States T Judge 
Date 
Robert F. Tomlinson Date 
Senior Trial Attorney 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 5 of 8 Document 40 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
310 West Wisconsin Avenue, Suite 800 
Milwaukee, Wisconsin 53202 
Walter F. Kelly (j 
Attorney for Suzanne Whitty 
PLAINTIFF-INTERVENOR 
fd'i - w 
Date 
Rob; 
Attorney for all De 
A-1-</ 
Date ' 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 6 of 8 Document 40 
Exhibit A 
NOTICE TO ALL EMPLOYEES 
This notice is being posted by order of the Court in a lawsuit brought 
against Mount Carmel, LLC by the U.S. Equal Employment Opportunity 
Commission ("EEOC"). The EEOC alleged that the Mount Carmel, LLC, 
violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e 
et sea. ("Title VII"), Title I of the Civil Rights Act of 1991, and 42 U.S.C. § 
1981a, by terminating Suzanne Whitty in retaliation for opposing an unlawful 
employment practice, and for participating in an investigation of an unlawful 
employment practice. 
This case was resolved by a mutually-agreeable settlement, to avoid the time, cost, 
and uncertainty associated with further contesting this matter. Mount Carmel, LLC, its 
agents and employees do not admit to any wrongdoing. 
Mount Carmel, LLC, has further agreed not to discriminate against any employee 
for opposing an unlawful employment practice or for participating in an investigation of 
an unlawful employment practice. 
Should you have any complaints of discrimination for opposing an 
unlawful employment practice or for participating in an investigation of an 
unlawful employment practice, contact [Human Resources], or the local EEOC 
office in Milwaukee. EEOC charges no fee for its services, and has employees 
who speak languages other than English. EEOC's offices are accessible to 
individuals with disabilities. 
THIS IS AN OFFICIAL NOTICE 
AND MUST NOT BE DEFACED BY ANYONE 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 7 of 8 Document 40 
Exhibit B 
[Mount Carmel, LLC Letterhead] 
Mount Carmel, LLC, believes in hiring, placing, and promoting individuals on the basis 
of qualifications and merit. It is Mount Carmel, LLC's policy that all employment practices, 
including recruiting, hiring, promotion, layoff, recall from layoff, training, compensation, 
benefits, and other terms, privileges and conditions of employment, be free from 
discrimination of any kind, including discrimination for opposing an unlawful employment 
practice or for participating in an investigation of an unlawful employment practice. Mount 
Carmel, LLC, believes in full compliance with fair employment laws. 
It is the responsibility of all Mount Carmel, LLC's, employees to comply with this 
policy in fact and in spirit. 
Dated: 
Executive Administrator 
Case 2:03-cv-00898-AEG Filed 10/07/04 Page 8 of 8 Document 40 


EEOC & Suzanne Whitty v. Mount Carmel, LLC, and Benedictine Health System, et al.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1325&amp;context=condec

EEOC & Suzanne Whitty v. Mount Carmel, LLC, and Benedictine Health System, et al.

Abstract

Similar works

Full text

Available Versions

DigitalCommons@ILR