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Sex Harassment Case Nets EEOC $5.4 Million Dollar Settlement
Eight registered nurses who underwent pre-employment medical examinations were instead sexually harassed, according to a proposed Consent Decree submitted to Judge Leonard Sand by the EEOC and Lutheran Medical Center. Under the terms of the proposed settlement reached by the parties, the medical center has agreed to pay $5.425 million dollars to compensate the nurses and other female nurses similarly harassed. Equal Employment Opportunity Commission v. Lutheran Medical Center, 01 CV 5494 (E.D.N.Y.) (Raggi, D. J.).
Conrado Ponio, MD, was the medical center's physician who performed medical examinations for newly hired registered nurses and those returning from leave for the period of 1996 to 2000. The EEOC alleged in its complaint that Ponio had the authority to clear employees for employment. The agency further alleged that Ponio sexually harassed the eight nurses, as well as others, in the context of this medical exam, and threatened the nurses that if they did not acquiesce to his unwelcome sexual conduct, their employment would be delayed or denied. The EEOC contended that during the period from November 1999 to January 2000, Ponio required these nurses to submit to breast and vaginal exams that included his touching and probing their genitals without wearing latex gloves. Ponio allegedly also required the nurses to respond to irrelevant sexual and personal questions such as their use of contraception and their dating status.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.