Coffin, Judge Thomas

English

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
11-30-2001 
Equal Employment Opportunity Commission, Plaintiff, v. Windmill 
Inns of America, d/b/a Windmill Inn of Ashland, Defendant. 
Judge Thomas Coffin 
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Equal Employment Opportunity Commission, Plaintiff, v. Windmill Inns of 
America, d/b/a Windmill Inn of Ashland, Defendant. 
Keywords 
Equal Employment Opportunity Commission, Windmill Inns of America, Windmill Inn of Ashland, 
00-3106-CO, Consent decree / Settlement, Disparate Treatment, Failure to Accommodate, Hiring, 
Blindness, Seeing, Hospitality, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/128 
A. LUIS LUCERO, JR. 
KATHRYN OLSON 
NANCY MAISANO f ; yr.M - n ,,. ,,,
 0 -
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
909 FIRST AVENUE, SUITE 400 
SEATTLE, WA 98104 
TEL: (206) 220-6889 
-ORIGINAL 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF OREGON 
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION, 
Plaintiff, 
WINDMILL INNS OF AMERICA, 
d/b/a WINDMILL INN OF ASHLAND, 
Defendant. 
CIVIL NO. 00-3106-CO 
CONSENT DECREE AND ORDER 
OF DISMISSAL 
I. INTRODUCTION 
1. This action originated with a charge of discrimination filed by Sandra Newkirk 
with the Equal Employment Opportunity Commission ("EEOC"), alleging violations of the 
Americans with Disabilities Act of 1990 ("ADA"). 
2. The EEOC investigated this charge and issued a Determination on October 22, 
1999, finding reasonable cause to believe that Windmill Inns of America ("Windmill Inns") 
discriminated against Sandra Newkirk by denying her a position for which she had applied and 
by failing to reasonably accommodate her. 
3. The EEOC filed this lawsuit in the United States District Court for the District of 
CONSENT DECREE AND ORDER OF DISMISSAL - 1 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6633 
Fax (206) 220-6911 
TDD (206) 220-6682 
1 Oregon on September 28, 2000. Plaintiff alleged that Windmill Inns violated the ADA by 
2 subjecting Newkirk to unlawful discriminatory practices. 
3 4. Windmill Inns filed an Answer to EEOCs Complaint in which it denied plaintiffs 
4 allegations of discrimination. 
5 5. The Commission and Windmill Inns want to fully and finally conclude all claims 
6 arising out of the above charge without the expenditure of further resources and expenses in 
7 contested litigation. They agree that entry of this Consent Decree will be in the interest of the 
8 parties and will further the objectives of the anti-discrimination provisions under the ADA. 
9 II. JURISDICTION AND VENUE 
10 6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 
11 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the 
12 Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by 
13 reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 
14 2000e-5(f)(1) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 
15 42 U.S.C. § 1981 A. The employment practices alleged to be unlawful in the EEOCs 
16 Complaint filed herein occurred within the jurisdiction of the United States District Court forthe 
17 District of Oregon. 
18 III. NON-ADMISSION OF LIABILITY 
19 7. This Consent Decree is not an adjudication or finding on the merits of this case 
20 and shall not be construed as an admission by Windmill Inns of a violation of the ADA or any 
21 other provision of law. 
22 IV. PURPOSE OF THE AGREEMENT 
23 8. The parties have entered into this Consent Decree in order to achieve the 
24 following purposes: 
25 a. To assure the implementation of policies and procedures which prohibit 
26 Windmill Inns from discriminating or retaliating against employees because of 
27 their disability. Windmill Inns also agrees not to retaliate against any employee 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6883 
Fax (206) 220-6911 
CONSENT DECREE AND ORDER OF DISMISSAL - 2 TOO <zoe) zzo-eaaz 
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who complains about discrimination or participates in the investigation of a 
complaint. 
b. To assure that Windmill Inns implements and promotes an anti-
discrimination policy and complaint procedure to effectively prevent 
discrimination and to address and correct such alleged discrimination. 
c. To avoid the time, expense and uncertainty of further litigation. 
V. GENERAL PROVISIONS 
9. This Consent Decree is intended to and does effectuate the full, final, and 
complete resolution of all allegations of unlawful employment practices and discrimination 
encompassed by the original discrimination charge, and the Complaint filed in EEOC v. 
Windmill Inns of American. Civil Case No: 00-3106-CO. 
10. This Consent Decree constitutes the complete understanding between the 
EEOC and Windmill Inns with respect to matters herein. It is expressly agreed that if EEOC 
concludes that Windmill Inns has failed to comply with this Consent Decree, the Commission 
may bring an action in the United States District Court for the District of Oregon to enforce the 
Consent Decree as provided in paragraph 23 below. 
VI. MONETARY RELIEF 
11. In settlement of the EEOC's claims in this lawsuit, Windmill Inns agrees to pay 
Sandra Newkirk the sum of $35,000 in compensatory damages for emotional distress. 
Windmill Inns agrees to send by certified mail a check directly to Sandra Newkirk in the 
amount of $35,000 within thirty (30) days of the date of entry of this Consent Decree. At the 
same time, Windmill Inns agrees to mail or fax a copy of the check to EEOC. After receiving 
a copy of the check to Sandra Newkirk, EEOC will send a release signed by Sandra Newkirk 
to Windmill Inns within three days releasing Windmill Inns from all claims arising out of this 
lawsuit. 
CONSENT DECREE AND ORDER OF DISMISSAL - 3 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6883 
Fax(206)22M911 
TDD (206) 220-6882 
1 VII. INJUNCTIVE RELIEF 
2 A. COMPLIANCE WITH THE ADA 
3 12. Windmill Inns reaffirms its commitment to comply with the ADA and other federal 
4 anti-discrimination statutes. In furtherance of this commitment, Windmill Inns will comply with 
5 the affirmative obligations of this Consent Decree. Windmill Inns agrees that it will not 
6 discriminate against any employees because of their disability in any employment decisions. 
7 13. Windmill Inns will not retaliate against any employee for making a charge of 
8 discrimination or for testifying, assisting, or participating in any investigation, proceeding, or 
9 hearing associated with this lawsuit. 
10 14. In recognition of its obligations under the ADA, Windmill Inns will institute the 
11 policies and practices set forth below. 
12 B. POLICY AGAINST DISCRIMINATION 
13 15. Windmill Inns shall adopt anti-discrimination policies, procedures and training 
14 for employees, supervisors, and management personnel and provide equal employment 
15 opportunities for all employees. Windmill Inns will evaluate and exercise reasonable care to 
16 prevent and correct promptly the practices of its managers and supervisors in order to prevent 
17 discrimination in employment under the ADA. Windmill Inns will exercise reasonable care to 
18 ensure that its managers and supervisors understand its Equal Employment Opportunity 
19 policies and how those policies define and identify what constitutes discrimination. 
20 C. TRAINING 
21 16. Windmill Inns will develop and present to its managers and supervisors a 
22 minimum of two (2) hours of ADA training each year during the duration of this Consent 
23 Decree. The cost of training shall be borne by the company. 
24 17. The training will focus on conducting hiring and selecting practices, on 
25 individualized assessments of employees with disabilities, on how to determine whether an 
26 employee poses a substantial harm to himself or others, and what is reasonable 
27 accommodation. The training will also include Windmill Inns' obligations under this Consent 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle. Washington 98104-1061 
Telephone (206) 220-6883 
Fax (206) 220-6911 
C O N S E N T DECREE A N D O R D E R OF DISMISSAL - 4 TDD <2oa) 220-8882 
1 Decree. The first training shall take place within one hundred twenty (120) days after entry 
2 of this consent decree. 
3 18. Windmill Inns will retain a record of the training programs, including dates held 
4 and persons who attended. A copy of these records and training materials shall be submitted 
5 to the EEOC in accordance with section E below. 
6 D. INTERNAL GRIEVANCE PROCEDURE 
7 19. Windmill Inns will maintain an internal grievance procedure for applicants or 
8 employees who believe they have been discriminated against. These procedures will also be 
9 set forth in the written policy discussed in paragraph 15 above. For applicants, Windmill Inns' 
10 employment applications will contain contact information for Windmill Inns' human resources 
11 department to allow applicants access to the grievance procedure. Consistent with the terms 
12 of the grievance procedure: 
13 a. The employee relations or human resources department ("the 
14 department") will investigate employee and applicant complaints. 
15 b. The department will document the steps taken in the investigation of each 
16 complaint, as well as any action taken as a result of the investigation and, if no 
17 action is taken, the reasons for not taking corrective action. 
18 c. The department shall inform the complainant of the outcome of the 
19 investigation. 
20 d. Within thirty (30) days after the end of each year for three years following 
21 the date of entry of this decree, the company will mail to EEOC a copy of each 
22 complaint of discrimination along with a summary of the resolution of each 
23 complaint. 
24 E. REPORTING 
25 20. One year following the entry of this decree and every year thereafter for the 
26 duration of the decree, Windmill Inns will report to the EEOC Seattle District Office. The report 
27 will contain the following information: 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6883 
Fax (206) 220-6911 
CONSENT DECREE AND ORDER OF DISMISSAL - 5 TDD (206) 220-6882 
1 a. Certification of the completion of the minimum two (2) hours of training each 
2 year, with a list of attendees, as provided in paragraph 18. 
3 b. Certification that its EEO policy has been distributed to all current and newly 
4 hired employees; 
5 c. A list of any changes, modifications, revocations or revisions to its EEO policies 
6 and procedures which concern or affect the subjects of discrimination based on 
7 disability and reasonable accommodation; and 
8 d. A summary ofall complaints of disability-based discrimination, if any, which have 
9 been lodged by any applicant or current or former employee of Windmill Inns 
10 internally, through a grievance system, or with any governmental agency, 
11 concerning employment practices, and the resolution of each complaint. 
12 F. POSTING 
13 21. The company will post a notice, attached as Exhibit 1 to this Consent Decree. 
14 The notice shall be posted on a centrally located bulletin board for the duration of the Consent 
15 Decree. 
16 VIII. ENFORCEMENT 
17 23. If the EEOC concludes that Windmill Inns has breached this agreement, it 
18 may bring an action in the United States District Court for the District of Oregon to enforce 
19 this Consent Decree. Before bringing an action for breach of the decree, the EEOC shall 
20 first give Windmill Inns thirty (30) days' notice of the perceived breach. The EEOC and 
21 Windmill Inns shall use that 30-day period for good faith efforts to resolve the matter. 
22 IX. RETENTION OF JURISDICTION 
23 24. The United States District Court for the District of Oregon shall retain 
24 jurisdiction over this matter for the duration of the Consent Decree. 
25 X. DURATION AND TERMINATION 
26 25. This decree shall be in effect for three years plus ninety (90) days, 
27 commencing with the date the decree is filed. If the EEOC petitions the court for breach of 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6883 
Fax(206)22M911 
CONSENT DECREE AND ORDER OF DISMISSAL - 6 TDD <2oe) zawsaez 
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agreement, and the court finds Windmill Inns to be in violation of the terms of the Consent 
Decree, the court may extend this Consent Decree for a reasonable period of time. 
XI. CONCLUSION 
26. The provisions of this consent decree are not binding on the parties until the 
authorized representatives of each party sign and the court enters the Consent Decree in 
the court. 
The foregoing terms and conditions are agreed upon and stipulated to this J~L 
day of N o v e m b e r . 2001. 
,^t-
A. LUIS LUCERO, JR. 
Regional Attorney 
KATHRYN OLSON 
Supervisory Trial Attorney 
NANCY MAISANO 
Trial Attorney 
GWENDOLYN YOUNG REAMS 
aj^Apting Deputy General Counsel 
t£>&GCvaX*ci^  
BY: Q ~yui> 'X/SWA.6: v ^ 
Equal Employment Opportunity Commission 
Seattle District Office 
909 First Avenue, Suite 400 
Seattle, WA 98104 
Tel: 206/220-6914 
Attorneys for Plaintiff 
P. David Ingalls 
Homeker, Cowling, Hassen & Heysell L.L.P. 
717 Murphy Road 
Medford, OR 97204 
BY: 
Office of General Counsel 
1801 "L" Street NW 
Washington DC 20507 
Attorneys for Defendant 
CONSENT DECREE AND ORDER OF DISMISSAL - 7 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6883 
Fax (206) 220-6911 
TDD (206) 220-6882 
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ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION 
The Court having considered the foregoing stipulated agreement of the parties, 
HEREBY ORDERS THAT the foregoing settlement agreement is approved as the final 
decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with 
prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of 
this matter solely for purposes of enforcing the Consent Decree^pproved herein. 
DATED this J<* day of ^/J~ir**i>~f*+S 2001. 
CONSENT DECREE AND ORDER OF DISMISSAL - 8 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Seattle District Office 
Federal Office Building 
909 First Avenue, Suite 400 
Seattle, Washington 98104-1061 
Telephone (206) 220-6883 
Fax (206) 220-6911 
TOD (206) 220-6882 


Equal Employment Opportunity Commission, Plaintiff, v. Windmill Inns of America, d/b/a Windmill Inn of Ashland, Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1101&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, v. Windmill Inns of America, d/b/a Windmill Inn of Ashland, Defendant.

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