Hood, Judge Joseph M.

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
1-24-2007 
Equal Employment Opportunity Commission, Plaintiff, Sretta 
Reese, Bonnie Centers, Fran Howard, & Melinda Cochran, 
Intervening Plaintiffs, v. Physician's Services, P.S.C., Defendant. 
Judge Joseph M. Hood 
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Equal Employment Opportunity Commission, Plaintiff, Sretta Reese, Bonnie 
Centers, Fran Howard, & Melinda Cochran, Intervening Plaintiffs, v. Physician's 
Services, P.S.C., Defendant. 
Keywords 
Equal Employment Opportunity Commission, Sretta Reese, Bonnie Centers, Fran Howard, Melinda 
Cochran, Physician's Services, P.S.C., 5:05-cv-00393-JMH, Consent decree / Settlement, Disparate 
Treatment, Hostile Work Environment, Retaliation, Termination, Healthcare, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/264 
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 1 of 7
Eastern District of Item-ucK 
FI L. RED
IN THE UNITED STATES DISTRICT COURT _
FOR THE EASTERN DISTRICT OF KENTUCKY JAN 2 4 2007 
LEXINGTON DIVISION
AT LEXINGTON 
LESLIE GWHITMER 
CLERK U S DISTRICT COURT
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
)
Plaintiff, )
)
SRETTA REESE, BONNIE CENTERS, )
FRAN HOWARD, & MELINDA COCHRAN )
)
Intervening Plaintiffs, )
)
v. )
)
PHYSICIAN’S SERVICES, P.S.C. )
)
)
)
__________________ Defendant._______________ )
CIVIL ACTION NO. 
5:05-393-JMH
CONSENT DECREE
The United States Equal Employment Opportunity Commission (the 
“Commission”) commenced this action against Physician Services, P.S.C. (“PSP”), pursuant to 
Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 in order to 
correct PSP’s alleged unlawful employment practices on the basis of sex, disability and 
retaliation, and to provide appropriate relief to Melinda Cochran, Bonnie Centers, Fran Howard, 
and Sretta Reese. This action was instituted and authorized pursuant to §§ 107(a) and 503 (a) of 
the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12117(a) and 12203(a), and 
§§ 704(a) and 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 
U.S.C. §§ 2000e-3(a) and 2000e-5(f)(l) and (3) (“Title VII”), and § 102 of the Civil Rights Act 
of 1991, 42 U.S.C. § 1981a.
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 2 of 7
The Commission and PSP stipulate to the Court’s jurisdiction over the parties.
The intervening Plaintiffs, Melinda Cochran, Bonnie Centers, Fran Howard, and Sretta Reese 
previously entered into separate settlement and confidentiality agreements with Defendant PSP. 
The EEOC is not a party to those settlement agreements and as a federal governmental agency 
has not agreed to confidentiality in this matter. Further, the Commission and PSP desire to 
resolve Civil Action No. 5:05-393-JMH without the burden and expense of further litigation. As 
a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court 
has jurisdiction over the parties and the subject matter of this action; and [ii] the purpose and 
provisions of the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 
1964 and Title 1 of the Civil Rights Act of 1991 will be promoted and effectuated by the entry of 
this Decree, and (iii) this Consent Decree resolves all matters and claims
IT IS THEREFORE ADJUDGED, ORDERED AND DECREED as follows:
1. PSP denies any wrongdoing on the basis of any of the allegations set forth in the 
underlying charge of discrimination filed with the Commission or on the basis of any of the 
allegations set forth in the Commission’s Complaint.
2. PSP agrees that it and all of its officers, directors, employees, agents, 
shareholders, members, representatives and any affiliated entity will not discriminate against nor 
harass any PSP employee on the basis of their sex or disability.
3. PSP agrees that there will be no discrimination or retaliation of any kind against 
any person because of opposition to any practice made unlawful under the Americans with 
Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights 
Act of 1991, or because of the filing of a charge, the giving of testimony, assistance, or 
participation in any manner in an investigation, proceeding or hearing under the Americans with
2
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 3 of 7
Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights 
Act of 1991.
4. The term of this Decree shall be for thirty six months (36) months from the date 
of the execution of this Consent Decree.
5. PSP agrees to submit periodic reports to the Commission detailing its compliance 
with this Decree. PSP agrees to submit six (6) semi-annual reports during the term of this 
Decree. The first report shall be due seven (7) months after the execution of this decree, and the 
subsequent reports shall be mailed to the Commission no later than the final day of the month of 
each sixth month after the preceding report and continuing throughout the term of years covered 
by the Decree.
a. Each semi-annual report shall include the following information for the six 
(6) month period preceding the report: [i] the name, home address, and home telephone number 
of any PSP employee filing an internal or external complaint or grievance alleging sexual or 
disability harassment or discrimination, or retaliation; and [ii] the nature of the complaint and the 
corrective action taken.
b. All reports shall be directed to Laurie A. Young (or her successor), 
Regional Attorney, Equal Employment Opportunity Commission, Indianapolis District Office, 
101 West Ohio S t, Suite 1900, Indianapolis, Indiana 46204-4203.
6. Within ninety (90) days of the date of execution of this Decree, PSP shall provide 
a training program to all of its employees regarding the provisions of the Americans with 
Disabilities Act of 1990 and Title VII of the Civil Rights Act as they pertains to sex and 
disability discrimination in the work place. This training program shall include an explanation of 
the prohibition against retaliation for those employees reporting sex or disability discrimination.
3
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 4 of 7
Thirty (30) days before the training, PSP shall provide: [i] notice to the Commission of the date, 
time, and place of the training; [ii] shall send to the Commission a copy of the training program 
and all written materials, if any, to be used; and [iii] shall provide the Commission with a roster 
of all employees who will receive the training. The Commission may provide reasonable input 
on the content of the training but shall do so no later than ten (10) days prior to the training.
Upon completion of the training, PSP shall certify to the Commission the specific 
training that was undertaken and shall provide the Commission with a roster of all employees 
who received the training. All reports shall be sent to the attention of Laurie A. Young, Regional 
Attorney, at the address specified in paragraph 7b.
7. PSP agrees that the EEOC may review compliance with this Decree. As part of 
such review and after making reasonable arrangements, the EEOC may: inspect PSP’s premises; 
interview its employees with management employee interviews conducted in the presence of an 
authorized company representative or PSP’s counsel; and examine and copy pertinent 
documents.
8. In the event that the EEOC determines that a violation of this Decree has 
occurred, it will, prior to exercising any remedy provided by law, provide written notice to PSP 
and its attorney specifically identifying the alleged violation(s). PSP will have thirty (30) days or 
any additional period which may be agreed to by the parties in which to investigate and respond 
to the allegation. Thereafter, the parties will have a period of thirty (30) days, or any such 
additional period as may be agreed upon by them, in which to negotiate and confer regarding 
such allegation before the Commission exercises any remedy provided by law.
9. PSP shall post the Notice attached hereto as Appendix A. The Notice shall be 
placed within a conspicuous area where it shall be visible to all employees.
4
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 5 of 7
10. The Commission and PSP shall each bear its own costs and attorney fees.
11. RETENTION OF JURISDICTION BY COURT: The Court will retain 
jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring 
compliance with this Decree and entry of such further orders as may be necessary or appropriate.
SO ORDERED:
N|o-lDate 1 11 A *.Judge, United States District Court
COPIES TO:
Kenneth W. Brown 
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION
Louisville Area Office, Suite 268 
600 Dr. Martin Luther King Jr. Place 
Louisville, Kentucky 40202-2285 
Tel. (502) 582-5440 
Fax (502) 582-5437 
Plaintiffs Counsel
-AND-
Richard A. Getty 
GETTY & CHILDERS 
1900 Lexington Financial Center 
250 West Main Street 
Lexington, KY 40507
R. Gary Winters
McCASLIN, IMBUS & McCASLIN 
Suite 900 Provident Bank Building 
632 Vine Street 
Cincinnati, OH 45202
Counsel for Defendant
-AND-
5
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 6 of 7
Andrew J. Ruzicho 
271 W. Short Street 
Suite 500
Lexington, KY 40507
Joseph J. Miller
Elizabeth S. Hughes
GUESS MATTINGLY & ATCHISON
201 W. Short Street
Lexington, KY 40507
Counsel for Intervening Plaintiffs
6
Case 5:05-cv-00393-JMH Document 60 Filed 01/24/2007 Page 7 of 7
EMPLOYEE
NOTICE
Posted Pursuant to an Agreement with the 
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Louisville Area Office
NOTICE OF NON-DISCRIMINATION POLICY
This Notice is being distributed and posted by agreement between Physician Services, P.S.C. 
(“PSP”) and the United States Equal Employment Opportunity Commission (EEOC) in a case 
resulting from a charge alleging sex and disability discrimination and retaliation.
Federal law requires that there be no discrimination nor harassment against any employee or 
applicant for employment because of the employee's race, color, religion, sex, national origin, 
age (over 40), disability or pregnancy status.
Federal law also prohibits employers from discriminating against employees on the basis of 
gender in all aspects of employment, including, but not limited to, hiring, promotion, discharge, 
pay, job training and fringe benefits.
PSP supports and will comply with such Federal law in all respects and will not take any actions 
against employees because they have exercised their rights, reported an alleged violation under 
the law, or have given testimony, assisted or participated in any investigation, proceeding or 
hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of 
employment discrimination in the workplace. An employee may contact the U. S. Equal 
Employment Opportunity Commission for the purpose of filing a charge of employment 
discrimination.
Questions concerning this notice may be addressed to: 
Equal Employment Opportunity Commission 
101 W. Ohio St., Suite 1900 
Indianapolis, Indiana 46204-4203 
Telephone: (317) 226-7212 
EEOC 800 # 1-800-669-4000 
TDD (317) 226-4162
7


Equal Employment Opportunity Commission, Plaintiff, Sretta Reese, Bonnie Centers, Fran Howard, & Melinda Cochran, Intervening Plaintiffs, v. Physician\u27s Services, P.S.C., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1263&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, Sretta Reese, Bonnie Centers, Fran Howard, & Melinda Cochran, Intervening Plaintiffs, v. Physician\u27s Services, P.S.C., Defendant.

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