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Equal Employment Opportunity Commission v. Vicksburg Healthcare, LLC

United States District Court, S.D. Mississippi, Northern Division

September 12, 2017

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
VICKSBURG HEALTHCARE, LLC tl/b/n RIVER REGION MEDICAL CENTER Defendant.

          JAMES L. LEE Deputy General Counsel.

          GWENDOLYN YOUNG REAMS Associate General Counsel.

          MARSHA RUCICER, Regional Attorney Harriett Oppenheim Christopher Woolley Gerald Miller.

          CONSENT DECREE

          KEITH STARRETT UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Plaintiff Equal Employment Opportunity Commission (heretnnfter "EEOC" or "Commission") brought this action against Defendant Vicksbuig Healthcare, LLC d/b/a River Region Medical Center (hereinafter referred to as "Vicksbuig Healthcare") under Title T of the Americans with Disabilities Act of 1990 ("ADA") as amended by the Americans with Disabilities Act Amendments Act or 2008 (hereinafter "the ADAAA"), and Title 1 of the Civil Rights-Act of 1991- The EEOC alleges Defendant denied Beatrice Chambers (hereinafter.-------- referred to as "Charging Party") a reasonable accommodation and then fired her because of her disability. Defendant denies it discriminated against Charging Party or violated the ADA or ADAAA.

         A. This Consent Decree is entered into by the EEOC and Defendant, This Consent Decree shall be final and binding between the EEOC and Defendant, its directors, officers, and agents, and successors or assigns (hereinafter collectively referred to as "Defendant").

         B. This Consent Decree shall not constitute an adjudication of or finding on the merits of the case and shall not be construed as an admission by Defendant of any violation of the Americans with Disabilities Act. This Consent Decree does not affect any administrative charges pending with the EEOC, other than Charge of Discrimination underlying this lawsuit (Chambers v. Defendant Vicksburg Healthcare, LLC d/b/a River Region Medical Center, 423-2012-01032), or any cases currently pending in court other than the instant lawsuit, EEOC v. Defendant Vicksburg Healthcare, LLC d/b/a River Region Medical Center, Civil Action No., 3:l3-cv~00895-KS-MTP.

         II, GENERAL PROVISIONS

         Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED, and DECREED that:

         C. This Court has jurisdiction over the parties and the subject matter of this action.

         D. The terms of this Consent Decree arc and shall be binding upon Defendant, as defined in Section 1(A) above, and not persons in their individual capacities. Defendant Vicksburg Healthcare also agrees to put any successors in interest to Defendant Vicksburg Healthcare on notice of the existence of the Consent Decree. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any individual is found to be in contempt for a violation of this Consent Decree.

         E. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 3:13-cv-00895-KS-MTP.

         F. This Consent Decree shall be filed in the United States District Court for the Southern District of Mississippi and shall continue to be in effect for a period of one (1) year from ihe date of entry of this Consent Decree. Any modification of this Consent Decree by any party must be made by motion to the Court.

         G. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree.

         II. This Consent Decree shall apply to Defendant only. The parties acknowledge that Community Health Systems, Inc. is no longer a party Defendant.

         I. Defendant, as defined in Section 1(A) above, shall comply fiilly with all provisions of die Consent Decree and the ADAAA. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendant Vicksburg Healthcare under the ADAAA or the EEOC's authority to process or litigate any charge of discrimination which may be pending or filed against Defendant Vicksburg Healthcare in the future.

         III. RELTEF TO ...


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