Garaufis, Judge Nicholas G.

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
7-18-2006 
Equal Employment Opportunity Commission, Plaintiff, and John 
Doe, Intervenor, - against - North Shore-Long Island Jewish Health 
System, Inc., Defendant. 
Judge Nicholas G. Garaufis 
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Equal Employment Opportunity Commission, Plaintiff, and John Doe, Intervenor, - 
against - North Shore-Long Island Jewish Health System, Inc., Defendant. 
Keywords 
Equal Employment Opportunity Commission, John Doe, North Shore-Long Island Jewish Health System 
Inc., 1:05-cv-02769-NGG-MDG, Consent decree / Settlement, Disparate Treatment, Terms and Conditions, 
Other mental impairment disability, Healthcare, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/267 
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 1 of 12
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK
- ..........................................- ......................- ............................. x
EQUAL EMPLOYMENT OPPORTUNITY :
COMMISSION, :
and JOHN DOE
Plaintiff,
Intervenor,
- against -
NORTH SHORE-LONG ISLAND JEWISH HEALTH ; 
SYSTEM, INC., :
Defendant, :
..............- .......................................................................................   .........................X
ECF CASE
CIVIL ACTION NO.: 
05-CV-02769 (NGG) (MDG)
CONSENT DECREE
This cause o f action was initiated on June 9, 2005, by the United States Equal 
Employment Opportunity Commission (“EEOC”) alleging that North Shore-Long Island Jewish 
Health System, Inc. (“NS-LU”) engaged in unlawful employment practices on the basis of 
disability in violation o f Section 102 o f Title I of the Americans with Disabilities Act of 1990 as 
amended, 42 U.S.C. §12112(d) et seg. (“ADA”). EEOC alleged that Defendant violated the 
ADA rights of Charging Party John Doe (“Doe”) by disclosing his confidential medical 
information in an unauthorized manner in the presence of his co-workers. NS-LU has denied 
EEOC’s allegations, and this Consent Decree is not an admission o f liability or wrong-doing.
The Parties agree that it is in their mutual interests to fully resolve the matter without 
further litigation. In consideration o f the mutual promises, agreements and consideration 
contained herein, EEOC and NS-LIJ do hereby stipulate and consent to the entry of this Decree 
as final and binding between the Parties and their successors or assigns.
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 2 of 12
This Decree resolves all disability discrimination claims presented by EEOC’s Complaint 
and Doe’s Charge No. 160-2003-02356. This Decree in no way affects EEOC’s right to process 
any future charges that may be filed against NS-LIJ, including a charge filed by a member of the 
Commission, in accordance with EEOC procedures, and to commence civil actions on any such 
charges. Nothing in this Decree shall be construed to preclude EEOC from bringing proceedings 
to enforce this Decree in the event that NS-LD fails to perform any o f the promises and 
representations contained herein.
The Parties agree that this Court has jurisdiction over the subject matter o f this action and 
the parties for the duration o f this Decree, that venue is proper, and that all administrative 
prerequisites have been met. The Parties further agree that this Decree may be entered without 
Findings o f Fact and Conclusions o f Law having been made and entered by the Court.
In consideration o f the mutual promises of each party to this Decree, the sufficiency of 
which is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED, AND 
DECREED AS FOLLOWS:
1. NS-LIJ and its agents agree not to discriminate against any employee or applicant 
because of her or his disability, including, but not limited to, any unlawful disclosure of 
that individual’s medical information. Additionally, NS-LIJ and its agents agree not to 
retaliate against any employee or applicant who makes, and/or cooperates with an 
investigation of, a complaint o f discrimination.
2. NS-LIJ has agreed to pay a total o f sixty-four thousand dollars ($64,000) 
inclusive o f attorney’s fees to Doe and his attorneys in settlement o f (a) the claims 
asserted by EEOC in this action and (b) the claims asserted by Doe in his intervenor’s 
complaint. NS-LIJ shall confirm in writing to EEOC that such payment has been made.
NY: 1169831 vl -2-
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 3 of 12
3. Within two (2) months of the date of entry o f this Decree and each calendar year 
thereafter for the duration of this Decree, NS-LU will provide a one (1) hour anti­
discrimination training for the following persons who work at Long Island Jewish 
Hospital, Schneider Children’s Hospital, and the Zucker Hillside Hospital (the “Affected 
Hospitals”): 1. An appropriate management representative for each department, to be 
identified by NS-LU and listed on Exhibit A hereto (“Department Administrators”); 2. 
the Security Department; and 3. Human Resources Labor Specialists. This live training 
is to be conducted by NS-LU’s Office of Legal Affairs. This training should at a 
minimum cover the following: (a) a discussion of the Americans with Disabilities Act of 
1990 (“ADA”), including, but not limited to the confidentiality o f an employee’s medical 
information; (b) examples of conduct prohibited under the ADA and NS-LU’s anti­
discrimination policies; (c) case studies covering a variety o f scenarios and a 
question/answer session; and (d) a summary of the procedures and policies that NS-LU 
has instituted to prevent any violation of the ADA, including procedures regarding 
receiving, documenting and investigating claims of discrimination. NS-LIJ will forward 
to EEOC a summary o f the topics covered and a copy o f the attendance sheet within ten 
(10) days o f the completion o f the training program. All Department Administrators of 
NS-LU’s Affected Hospitals will convey the information learned from this training 
program and provide written materials distributed at the training to all management 
personnel who report to them. A letter verifying that such training has been conducted 
and who attended will be provided to EEOC on a quarterly basis according to the 
calendar year.
NY:116983W1 -3-
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 4 of 12
4. Within one (1) month of the date of entry o f this Decree and each calendar year 
thereafter for the duration o f this Decree, NS-LIJ’s Affected Hospitals will advise new 
employees o f their right to confidentiality of his or her medical information consistent 
with Section 102 of the ADA during the existing Foundations training program. A letter 
verifying that this information has been conveyed during the Foundations training 
program will be provided to EEOC on a quarterly basis according to the calendar year.
5. Within five (5) days o f the entry of this Decree, NS-LD’s Affected Hospitals shall 
post and maintain, in employee break areas and places where employee notices are 
posted, the notice o f non-discrimination attached as Exhibit B. Within two (2) months of 
the entry o f this Decree, NS-LU’s Affected Hospitals will provide this notice to all 
administrators, supervisors and managers who receive electronic mail with instructions 
that they print the e-mail and notice and distribute them to their direct reports.
6. Within one (1) month of the entry of this Decree, NS-LU shall amend its non­
discrimination policy to include the following language: “Consistent with the Americans 
with Disabilities Act o f 1990, the Health System does not tolerate any unlawful 
disclosure o f an employee’s confidential medical information that an employee provides 
in connection with a request for a reasonable accommodation. Additionally, the Health 
System does not tolerate any discrimination on the basis o f disability or any retaliation 
for any complaint, or cooperation with an investigation o f a complaint, o f discrimination 
on the basis o f disability.” This policy will be provided to all employees on NS-LIJ’s 
Intranet (in the event that NS-LIJ’s human resources policies are generally available on it 
Intranet during the term of this Consent Decree) and incorporated in any subsequent 
reprinting o f NS-LD’s Employee Handbook.
NY:116983 Ivl -4-
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 5 of 12
7. NS-LU’s Affected Hospitals, through their Human Resources Department, will 
advise their employees who request a reasonable accommodation under the ADA in 
writing that the Affected Hospitals will maintain the confidentiality o f such medical 
information as the employees may provide in connection with the request for a 
reasonable accommodation. This notification will be provided to such employees within 
five (5) days o f the employees’ request for reasonable accommodation and shall be in the 
form of the letter attached as Exhibit C.
8. Upon written notice by EEOC to NS-LU’s in-house counsel, NS-LH shall make 
available all employees o f the Affected Hospitals whom EEOC requests and identifies for 
purposes o f verifying compliance with this Decree and shall permit a representative of 
EEOC to enter NS-LU’s premises to conduct these interviews on five (5) business days 
of advance written notice by EEOC. NS-LIJ shall not discourage employees from 
participating in these interviews.
9. Each party shall bear its own attorney fees and costs incurred in this action.
10. This Decree constitutes the complete understanding between the Parties hereto. 
No other promises or agreements shall be binding unless agreed to in writing and signed 
by the Parties. No waiver, modification or amendment or any provision o f the Consent 
Decree shall be effective unless made in writing, approved by all Parties to this Decree 
and approved by the Court or ordered by the Court.
-5 -NY:1169831vl
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 6 of 12
11. This Decree will remain in effect for a period o f three (3) years from the date of 
entry of this Decree by the Court.
Dated: New York, New York 
June 2006
Dated: New York, New York 
J u n e _____ ,2006
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION
Elizabeth G rossman 
Regional Attorney
By: _
Lisa Sirkin
Supervisory Trial Attorney
EPSTEIN BECKER & GREEN, P.C.
David O. Simon (r6s 0108)
A. Jonathan Trafimow (AT 4862)
250 Park Avenue
New York, NY 10177-1211
(212)351-3770
Attorneys for Defendant
KamS. Wong (KW 7176) 
Senior Trial Attorney 
New York District Office 
33 Whitehall Street, 5th Floor 
New York, NY 10004-2112 
(212)336-3703
NORTH SHORE-LONG ISLAND JEWISH 
HEALTH SYSTEM
By:
MS^Community Drive 
Great Neck, NY 11202 
(516) 465-8099
SO ORDERED:
/signed/* —v-~  «------* *-------------
Hon. Nicholas G. Garaufis, U.S.D J |
7 ,  7*i> O b
NY:i 169831 vl - 6 -
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 7 of 12
HOSPITAL DEPARTMENT TITLE INDIVIDUAL
LU Specialty Care - 5N, 5S, 
MSSU 1&2
Director Barbara Popkin, RN
LU Critical Care -ICU/PCU Director Terry Pando, RN
LIJ HSU, CCU - 6S, 7N, 7S Director Marie Floredeliza, RN
LU Surgical Services - 9N, 9S, 
8N, 8S
Director Elana Memoracion, 
RN
LD Surgical Services - 9N, 9S, 
8N, 8S
Director Diana Simmons, RN
LU Woman’s Services Director Joanne Newcombe, 
RN
LU Education Director Barbara Callahan, RN
LU Emergency Director Mia Scaramuzzino, 
RN
LU Interventional Cardiology Director Patricia Farrell, RN
LU Dietary Director Joan Oxford
LU Medical Library Director Debra Rand
LU PA Service Director Martin Morales
LU Pharmacy Director James Abberton
LU PT Director David Marcello
LIJ Respiratory Therapy Director Mike Karol
LU HIM (Health Information 
Management)
Director Joanne Marino
LU Housekeeping Director Leon Vidal
LU Patient Placement Director Catherine Exline
LU Quality Mgmt. Director Donna Dalton
LIJ Anatomical Lab. Manager Claudine Alexis
NY:1152577v l
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 8 of 12
HOSPITAL DEPARTMENT TITLE INDIVIDUAL
LU Clinical Laboratory Asst. Administrative Joyce Ann Musel- 
Winn
LIJ Radiology Sr. Administrative 
Director
Andreas Nicou
LIJ Safety & Security Director Gerry Ryan
LU Telecommunications Director Sig Stefansson
LU Medicine Administrative
Director
June Scarlett
LU OP Svc & Otolatyngology Administrative
Director
Virginia Cudahy
LU Urology Department Head Joan Cardell
LU Neurology Department Head Andrew Ashkenase
LU Surgery - General Department Head Joey Gregory
LIJ Surgery - Cardiothoracic Department Head Laura McDonough
LIJ OBS-GYN-Dept. Director Ron Sliwinski
Schneider Hospital Administration Department Head Eric Chaikin
Schneider Access Services Department Head Patricia Abitabile
Schneider Nursing Administration Department Head Carl Quinn
Schneider Physical Medicine and 
Rehab
Department Head Bryan Maguire
Schneider Pediatrics Critical Care Department Head Steve Friedman
Schneider CT -  Social Work Department Head Kathie Krieg
Hillside Quality Management Director Georgette Lozier
Hillside Resource Management Director Leslie Zeren
"
Hillside Access Services Director Anne Ferguson
NY:JlS2S77vl - 2 -
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 9 of 12
HOSPITAL DEPARTMENT TITLE INDIVIDUAL
Hillside Data Processing/Medical 
Records
Director Health
Information
Management
Roslyn Stronger
Hillside Psychiatry - General Senior Admin. 
Director I
Ann Handel
Hillside Psychiatry - Medical Manager -  Business 
II
Sheila Marks
Hillside Psych Day Treatment/Adult 
Day
Manager, Adult Day 
Hospital Program
Tom Arceri
Hillside Psychiatric Rehabilitation Director Estelle Douglas
Hillside Director, Nrpsy, 
Rehab. Research
Judith Jaeger
Hillside Geriatric Psych Clinic Assoc. Chairperson 
- Hillside
Blaine Greenwald
Hillside Child Psychiatry Director Psychiatric 
Services
Carmel Foley
Hillside Adult Outpatient Clinic, 
Aftercare
Director Central 
Intake
Dennis D am n
Hillside Evaluation Unit/Critical 
Care
Director Psychiatric 
Services
Mark Russ
Hillside Medical Staff 
Admin,/Residency
Director
Education/Training
Bruce Levy
Hillside NRSG -
Administration/Kaufinan
Director Patient 
Care Services
Nancy Abbinanti
Hillside NRSG -  Administration Manager Patient 
Support
Virginia Ammirati
Hillside Pharmacy Assistant Director Ken Sokol
Hillside Social Work Services Assistant Director Arlene Cohen
Hillside Psychology Service Assoc. Director 
Psych. Services
Gregory Hinrichsen
VYrUSOTJvl -3 -
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 10 of 12
HOSPITAL DEPARTMENT TITLE INDIVIDUAL
Hillside Child & Adolescent Day 
Hospital
Assistant Director, 
Rehab. Act Chd/Ad. 
Services
Sharon Conway
Hillside Housekeeping Director,
Environmental
Services
Dale Arnold
Hillside Maintenance Assistant Director, 
Engineer and 
Maintenance
Gilbert Francisco
Hillside Day Training Director, Psychiatric
Rehabilitation
Program
Bruce Glick
Hillside Day Rehabilitation Alcohol 
-  Elmont
Director, Substance 
Abuse Program
John Cunningham
Hillside Far Rockaway Treatment 
Center
Director, Substance 
Abuse Program
Alberto Barreto
Hillside Family Treatment Center Director, Substance 
Abuse Program
Estelle Freilich
Hillside Family Consult (NCDD AA) Program Director Martin Moskowitz
Hillside Queens Support Living Manager -  Social 
Work
Peter Digilio
Hillside Nassau Support Living Director, Residential 
Services
Mike Stellman
NY:l152S77v] -4 -
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 11 of 12
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
New York District Office
33 Whitehall Street, 5* Floor 
New York, NY 10004-2112 
(212)336-3721 
TTY (212)336-3622
NOTICE TO EMPLOYEES OF
NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC.
This notice is being posted pursuant to an agreement between North Shore-Long 
Island Jewish Health System, Inc. (“NS-LIJ”) and the United States Equal 
Employment Opportunity Commission (“EEOC”).
Federal law prohibits discrimination against any individual because of his or her 
disability in any and all aspects of the employment relationship, such as pay, 
promotion, assignments, hours, and any other terms, conditions or privileges of 
employment. Federal law also prohibit the unlawful disclosure o f an employee’s 
confidential medical information.
Federal law also prohibits retaliation against any individual by an employer because 
the individual complains of discrimination, cooperates with the government’s 
investigation of a charge of discrimination, participates as a witness or potential 
witness in litigation, or otherwise exercises his or her rights under the law.
Should you have any complaints of discrimination, you may contact the
Equal Employment Opportunity Commission 
33 Whitehall Street, 11* Floor 
New York, New York 10004>2112 
(212) 336-3620 
(800) 669-4000
T in s IS AN OFFICIAL NOTICE AND SHALL NOT BE DEFACED BY ANYONE.
This notice must remain posted until three years from the date of posting and may 
not be altered, defaced or covered by any other material.
Case 1:05-cv-02769-NGG-MDG Document 39 Filed 07/13/2006 Page 12 of 12
[Letterhead ofNS~LIJ’s Affected Hospitals]
[Date]
[Name of Employee]
[Address]
[Address]
Dear [Mr. or Ms.] [Last Name of Employee]:
We have received your request for a reasonable accommodation under the Americans with 
Disabilities Act of 1990 (“ADA’*). North Shore-Long Island Jewish Health Systems, Inc., 
including the Human Resources Department and your supervisors), want to assure you that we 
will treat as confidential any and all medical information you provide us in connection with this 
request for a reasonable accommodation, as consistent with Section 102 of the ADA. This 
means that we will not share your medical information with anyone except as permitted by 
Section 102 of the ADA. Additionally, we encourage you to provide any and all medical 
information related to this request to Human Resources rather than to your supervisor.
If you have any questions concerning your right to confidentiality of your medical information 
under the ADA, please feel free to contact us.
Sincerely,
[Name]
Human Resources Labor Specialist


Equal Employment Opportunity Commission, Plaintiff, and John Doe, Intervenor, - against - North Shore-Long Island Jewish Health System, Inc., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1266&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, and John Doe, Intervenor, - against - North Shore-Long Island Jewish Health System, Inc., Defendant.

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