November is
VS.
Disabilities
Age
and
3.
a
The The The
resident
the
RONALD
Discrimination
United plaintiff, defendant,
Parties
OF
(hereinafter
claims
of
MERCIFUL
Act),
of
1994
States
by
Bear,
WARNE,
Ronald
42
CARE CENTER,
virtue Home
until
in
sometimes
Delaware,
INC., d/b/a KENTMERE
Plaintiff,
US.C.
District
Employment
Defendant. '" "\'
his
Warne
of
REST
of
the
Merciflll
employment
§
FOR
referred
Court
2000e-1
pendency
Case 1:07-cv-00832-JJF
SOCIETY,
HOME
NURSING
and
(hereinafter
THE
for
was
."
Act),
Rest
et.
the
employed
was
of
seq. Society,
42
District
a
sometimes
DISTRICT
US.C. terminated
to as "Kentmere"
federal
Document 1
Complaint
(the
of Inc. by
OF
Title
§
claim
Delaware
TRIAL
Jurisdiction
the
12101 referred
d/b/a
VII
on
defendant
or "KNCC")
under
or
anti-discrimination
Kentmere
DEMANDED
et
about
DELAWARE
has
to
seq.
29
) ) ) ) Civil Action No. ) ) ) JURY ) ) ) )
as
business as a nursing care facility located in Wilmington, Delaware.
jurisdiction
for
(The
U.S.c. March
"Warne"
Nursing
Filed 12/19/2007
IN THE UNITED STATES DISTRICT COURT
over
is a Delaware
Americans
27,2006.
§
eleven
621
or
over
statute),
Care
"Mr.
et
years,
seq.
the
with
Center
corporation
Warne"),
parties
and
Page 1 of 18
(the
from
doing
28
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 2 of 18
D.S.C.
§§ 1331and 1343,and underthe principlesof ancillary andpendent jurisdiction as
provisions of28 V.S.C.
well
as the supplemental jurisdiction
§ 1367.
Facts
Mr. Warne's Tenure at KNCC
at KNCC in 1994,servingas"Director of Maintenance and
~
4.
Ron
Warne
became
.."...
UllLll.,"~.\.l,V VVllvll1l1~ LlLlv vva~ ~llallO"'U LV JJllw~LU1 U.l .L:.llVllU.lllllwllL41 ':>w1 1\.iw;:S 1., V
wl
employed
",."
to "Director of Environmental Servil es c
"'(Uv~.Y
VU.1~"'1
"';,,"",'~%<
:,A"Y"i+,'
,
andSafetyOfficer," a titkhe in and Safety Officer," a title he maintaineduntil his departure March of2006. andSafety 5. His dutiesin theseroles includedresponsibilityfor laundry,housekeeping, floor care,
5. His duties in these
"
, -'
"
maintenance, transportationin and aroundthe facility. and
6. In addition to the above-identified responsibilities, Mr. Warne had substantial responsibility
for achieving and maintaining a safe environment at KNCC,
I'
a
responsibility
met
by
a
approach safety:first and foremost,fall andinjury preventionto patients;second, generally to a safephysicalplant; third, the development adequate of procedures specific emergencies, for such asfires or storms;angfourth, the cultivation of a safety-conscious mindsetamongthe staff at KNCC. 7. During his yearsat KNCC,
Mr. Warne's salary steadily increased from approximately
$38,000.00 per year at the beginning to approximately $65,000.00 per year (plus bonus) at the time of his termination.
8. The consistent advance in Mr. Warne's salary was a reflection of consistently outstanding
performance
evaluations,
including
(by
way
of
representative
sample)
the
following
KNCC's ExecutiveDirector during the last five yearsof Mr.
handwritten
by
Eileen
Warne's employment: "Ron achieves excellence in all the areashe manages and in which he
Mahler,
2
~
statements
fourfold
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 3 of 18
participates.
He
is
an
outstanding
employee
in
that
he
is
detail
oriented
and
will
perform
and
beyond
in
order
to
attain
positive
outcomes.
.
.
.
Overall,
I
am
extremely
pleased
with
above
contributions to Kentmere. I could not ask for a more dedicated, conscientious, and loyal
e
employee" (from an evaluation dated N~\Tember 1,2001); "Ron's organizational skills,
dedication
and
intellect
is
evident
in
all
he
accomplishes.
He
is
very
results
oriented
continually
reexamines
procedures
in
meeting
positive
outcomes.
This
facility
is
so
fortunate
and
Ron's
have a highly
motiXla:f'ed individual
who always gives more than 100% of himself'
(from
an
evaluation dated Dec~.mber15,2004). contributions that went "above and beyond" his duties:
9. Among Mr. W ame' s
. he went into the facility on:his off hoursto train the "3 to II" and "11 to 7" shift workerson safetyissues(fire evacuation; safeuseof patientslifts; fall andinjury prevention);
. he was always proactive with regard/to insuring that systems were functional during periods of weather change, often monitoring the facility during his off-hours to assurea smooth transition at the beginning of heating seasonor cooling season; . he pitched in enthusiastically to improve holidays for residents, including: set-up, breakdown, and food-serving tasks for the annual Thanksgiving dinner; decorating and
safety oversight for Christmas festivities;
." Halloween;
and
participation
in
costumed
events
.
he
spent
substantial
time
with
residents
(including
particularly
Betty
Sidwell),
at
occasion taking them for a walk or for ice cream; and
. for severalyearshe distril)utedhis
ChrIstmas
bonus money among his subordinates.
3
~
on
to
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 4 of 18
10.
As
a
result
of
his
extraordinary
contributions
and
dedication,
Mr.
Warne
was
awarded
with
silver
bowl
on
the
tenth
anniversary
of
his
commencement
date
at
KNCC,
and
in
2004
awarded an all-expense-paid trip to "anywhere," which he used to spend four days in
Williamsburg, Virginia with his wife.
11.
During
his
years
of
emplo~ent
at
KNCC,
Mr.
Wame
was
charged
with
responsibility
was
overseeing ongoingoperationof the facility (including closelyrelatedsafetyissues) the during several periodsof~~~;tantial constructiona~d/orrenovationof the facility, andhis work in this
""'"",
regard was recognized with several merit bonuses.
Background Safetvat KNCC on
KNCCaredivided
12.
The
extensive
safety
program
requirements
applicable
to
a
facility
such
into seven separatedomains that track the standardsand regulations of the Joint Commission on
the Accreditation of Health Organizations, as follows:
. fire prevention and fire code compliance (essentially relating to all elements of the
facility's efforts to prevent and/or minimize the effects of fire);
. clinical and medical equipment management (including the maintenance and calibration
of such things as oxygen concentrators, blood pressure equipment, weigh scales,life support equipment, electric beds, and wheelchairs);
. utilities management (relatiI!g to the various systems in place, for example electrical,
heating,
nurse
call
system,
and
general
. emergency
preparedness;
.
. hazardous materialsincluding biohazards;
communications);
4
~
as
for
a
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 5 of 18
. the administration of the safety program itself, including such things as the maintenance
OSHA
of
committee
minutes
and
compliance
with
("Occupational
Health
and
Administration") regulations; and . security management (inc1uding,suchthings as surveillance of the facility indoors and out to keep out intruders, and key and building accesscontrol procedures).
13. During the last years of his tenure at KNCC, Mr. Warne became concerned with several
ongoingsafety-rerat~practicesofKNCC, Including but not limited to:
° ° 'C'o,
. the haphazard
attitude
ofKNCC
upper
management
towards
the state-mandated
requirement that department heads receive training regarding certain fire and other safety issues, including infection dmtrol; irlparticular, department heads were routinely
authorized by Executive Director Mahler to sign up for, and take credit for, 8-hour in-
service
training
sessions
which
did
not
take
place,
a
practice
that
caused
the
awareness of department
heads to erode over time;
(I
. root causesof defunct fire drills were stricken from reports by Executive Director
Mahler,
who
then
signed
the
inaccurate
reports;
. the
KNCC
administration
would
not
support
Mr.
Warne's
efforts
to
develop
safety
targeted procedures for individual departmentsrelating to the issue of fire evacuation, thereby leading to more generalized (and hence less effective) procedures; moreover, Ms.
,"
Mahler failed to recognize and support numerous aspectsof fire code enforcement in the
KNCC
facility shortcomings were
that
were
shirked
or
resisted
by
other
department
heads
(all
of
occurring
in
the
context
oftwo
relatively
contemporaneous
which
specific
Safety
fires and a sharp increase in local Fire Department dispatches for near-miss fire/smoke events);
5
~
laundry
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 6 of 18
.
Mr.
Wame
was
denied
access
to
the
reports
resulting
from
the
investigation
of
falls, hinderinghis role asthe KNCC
employee
with
substantial
responsibility
preventing such falls;
.
KNCC failed
to implement the safety practices ("Safe Lift/Transfer
Program")
suggested by its workers compensation insurance carrier, a company known as "PMA"; . an increased number of false fire alarms due to unsafe employee practices (e.g.
unattendecr'~&5dmicrowave; meltable fabrics in clothes dryers; etc.); in
. the unwilH~'gness ofKNCC to accept his resignation from the safety committee, which
had
been
offered
many
times
(insofar
as
he
felt
that
he
was
not
being
provided
for
adequateresources and supp'ortto properly implement appropriate safety practices); . a failure on the part of Ms. Mahler to support state-required disaster emergency preparednessprocedures, despite months of subcommittee planning and preparation, for a tornado event (indeed, she aborted a sche~uled 90-minute exercise, planned so as to
include mock casualties and triage and emergency procedures with a post-event critique,
after only five minutes); and
. the unwillingness of Ms. Mahler to allow Mr. Warne to participate in the creation of an
acceptable
risk
management
program
(relating
primarily
to patient
falls
and employee
accidents and injuries), when in fact he was the logical person to create such a program
,"
basedupon his expertise and knowledge of the institution (in particular, Mr. Warne
believes that Ms. Mahler feared that he would institute a program that would reveal her ongoing unsafe practices, discussed further below).
14.
As
a
general
proposition,
insofar
as
Mr.
Warne's
safety
responsibilities
required
that
with
patient
maintain
an
awareness
of
staff
attentiveness
to
safety
issues,
it
was
neither
uncommon
6
~
nor
he
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 7 of 18
unauthorized for Mr. Warne to confront individual staff members in a professional manner with regard to their need to improve or correct their safety-related practices; this was within the ordinary course of his emploYment and had been, over a period of years, an accepted aspectof his managementstyle in the area of safety. 15. In 2004 and 2005, federal and state mandated surveys of the practices ofKNCC led to findings that actual harm had resulted to patients as a result of operational and/or plant
deficiencies. that w~f~
troubled by the negative surveys, insofar as his warnings about safety
problems associated with certain pending construction projects had been ignored, and
prophylactic measuresthat were taken were 'in his opinion insufficient and a significant part of the causefor the problematic surveys.
17. On information and belief, KNCC's management consultant, Harbor Management, sought to have Mr. Warne terminated, in a blatant att~mptto scapegoat him for the bad
18. While
Eileen
Mahler
defended
him
from
Harbor
Management's
attacks,
based
surveys.
upon
her
understanding of his attentiveness to safety issues, Mr. Warne believes that Ms. Mahler had developed, by this time, a belief that, simply by assigning a thorough and capable and employee
such as Mr. Warne to the safety function, she had thereby met her obligation to maintain a safe
facility irregardless of her willingness to cooperatewith Mr. Warne's efforts to insure a safe environment. 19. While the belief on the part of Ms. Mahler identified in the previous paragraph might have been valid had she been supportive ofMr. Warne's requests for action on safety issues, in fact it
appears that, while supportive of his fitness for the position, she was consistently resistant to his
requestsfor improvements and/or changesto safety practices, thereby creating fertile soil for the
21.
interfering
25. always
intentional
rather 20.
which
23.
would working
Ms.
When
Ms. In
flawed
May
is work
the
Mangrelli
believed
with
Mr.
with practice
practice
of2005,
together
Mangrelli
recordkeeping, Ms.
Warne
nursing
by
Mangrelli;
squelched
by
that,
Ms.
Mr.
in
attempted
Ms.
wiliS':
from
a
issues.
in
Ellen
Events leading up to Mr. Warne's termination
meetings, he was invariably
Warne routine Mangrelli the which Mr. the in event Mangrelli the to outset, Warne's process be case flawed of ." in the a extremely conjunction of of patient became result participation recordkeeping each ' If all not of fall,
Case 1:07-cv-00832-JJF
to
provide
his
accused of wrongfully
point
satisfy his responsibility to maintain a safe facility.
Document 1
identify the factors contributing to or causing the fall.
22.Mr. Warne worked apptoximately Directors Nursing had with eight of at
24. Statistics with regard to patient falls at KNCC improved during Ms. Mangrelli's
security practicesofn'larses under her charge, a resistancethat frustrated Mr. Warne's efforts to
8
analysis" these of with the improved in Director prior Ms. was, fall in which Mahler. analyses. Directors on conditions of information an Nursing effort of Nursing, or KNCC was and procedures and Mr. made belief, it prior Wame was to
the
resistant
of
new
view
Director
to
on
Mr.
patient
Warne's
of
Nursing
Filed 12/19/2007
falls
efforts
at
fall
at
KNCC.
committee
to
improve
Page 8 of 18
tenure,
involving himself in clinical details and/or
an but to
the
~
many 31. 30. 28. condition indicate the 26. understand 27. 29. referenced "Riskanagement On Mr. Mr. result Two At Mr. months or information Warne's Warne Warne that particular about that of above; by recurrent certain in resli14)~~from viewing also also the an Program;" efforts on incomplete same residents, and became became nurses information falls videotapes belief, to time, improve were in a aware mopping aware Katherine task the the Executive status, literally~sleeping third
lack
32.
The
unwilling
of
cooperation
combination
to delegate
with
of
Ms.
it toMr.
(and
Mahler's
eroding
Case 1:07-cv-00832-JJF
and
as interference in nursing business.
preparation
that
Warne.
of that the .~, certain
of
nursing
relationship primarily belief,
reliance
technitJues
Mr.
floor
certain
safety
(Kitty)
Director
Warne
Alzheimer's
Mr.
irregularities
practices
activities;
on of
floor
Ryan
Document 1
consistently rebuffed during the tenure of Ms. Mangrelli.
management (including patient falls), thereby burdening KNCC.
certain bed and wnee1;chair fall alarms were not being properly utilized by the staff.
from the task because she feared that he would be too conscientious in his approach to risk
reporting of a fall sustained by patient Katherine Wortz, including the late preparation and
submission of a report which, on information and belief, contained a sanitized version of events.
9
because the Warne was Mahler Risk more surrounding Ms. believes Management began qualified Mahler to that draft the was Ms. to Program patient perform, a unable Mahler required fall to dragged excluded as draft issue briefly it were on but him for
Director
and
with)
on
areas
procedures,
the
and
although
Mr.
job,
unit, Katherine
were
involving
of
Warne,
Nursing
Mr.
which
rendered
the
and Warne's
Wortz,
Mr.
the
videotapes Mr.
Mangrelli,
he
investigation
Warne's
became
dangerous
Filed 12/19/2007
Warne
efforts
sustained
seemed
attempted
Ms.
aware
demonstrated
were
by
Mangrelli's
injuries
and
a
that
criticized
wet
to
Page 9 of 18
to
as
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 10 of 18
vigilance on safety issues, and Ms. Mahler's evident frustration at her inability to draft a functional risk management program without Mr. Warne's assistance,causedMs. Mahler to
begin to question Mr. Warne's practices.
33. This erosion in the relationship
be~n
Ms. Mahler
and Mr. Warne proceeded
slowly
at
first,
and
indeed
Mr.
Warne's
performance
review
in
November
of2005
(only
four
before
his
termination)
contained
the
following
language
from
Ms.
Mahler:
"Ron
is
months
very
oriented
which
resllitifin
efficient
and
thorough
results.
His
performance
is
outstanding
and
detail
-- .'-'-
displays an excellent"~ork ethic. . . Ron is extremely motivated and is quick to handle issuesin a systematic and thorough manner. . . Ron can be dependedon to fulfill all obligations as it
relates to facility environment and safety issues. He is very generous with his time and always
plans
time
offwell
in
advance."
34.
As
Mr.
Warne
continued
to
challenge
KNCC
safety
practices,
however,
and
insofar
as
mere
presence
served
to
emphasize
for
Ms.
M3hler
her
inability
to
properly
draft
the
management
program,
it
became
evident
to
Mr.
Warne
that
he
had
become
the
target
risk
of
campaign distort and/(Wmagnify,minor to job-relatedsituationsfor the purposeof creatinga paper"record" that would appear justify his termination,including: to
. a purported incident involving Mr. Warne and KNCC employee Darnell Jackson, which
did
not
involve
Mr.
Warne
interfering
in
Mr.
Jackson's
job
duties
but
merely
instruction
as
to
safety
implications
~~
of
a
wet
. a purported incident in which he allegedly "attacked the Staff Developer" at a meeting, when in fact he had merely noted the failure ofKNCC to properly schedule certain training and education sessiQns legitimate and troubling issue) without mentioning the (a Staff Developer by name; and
10
floor;
involved
a
his
Ron
~
35. action, "respectfully 38. 37. The
longstanding
39.
termination
At
Risk
The
Mr.
Mr.
that regulating Warne's
who
.
such
committee
a distortion
Warne's
Warne Management
deterioration
minor meeting, may as disagree[d]"
objection
the
warning or other
acted efforts
incident
meeting
have temperature
complaints
and/or
evaporation
Mr.
at
magnified
Committee
to
to
all
Warne
over
of Fire Safety
magnification resolve
being
Warne's involvement,
with
of February
times
about
in
a
numerous
of
objected
thermostat
Case 1:07-cv-00832-JJF
excluded
the
the
professionally
it
nieeting
the
fall
witIrMs.
incident
relevant
Staff/Education
procedures
36. Matters on the failure to development
of
17, 2006.
and Emergency
to of
from
of
these
CJ,
setting
the
risk
Ms.
Februarv
at
Jean area;
so-called
access
the
during
management
minor
Document 1
Mahler's
Preparedness
of all actual falls for the purpose of preventing future falls.
Gayle that
but rather because of the difficulty
corrective action of any kind, but rather had a spotlesspersonnel file.
Warne in that he J:laa:i#hever, during his elevenplus yearson thejob, everreceiveda singlewritten
departmentheads as a substitute for detailed minutes, arguing that such "report forms" would not
accurately reflect the number and nature of patient falls; he indicated the importance of analysis
11
Development this 17. "report actual 2006. meeting, program forms" and and/or program although Mr. came method proposed Warne's to and he a of did head the courses reporting subsequent state at the of that by he
this
and
behest
to
incident
was
events
other
(who
the
of
frustrating
official
matters
Ms.
was
was
programs
was
Mahler).
particularly
Ms.
magnified
reports
followed
not
Filed 12/19/2007
Mahler's
because
of
on
falls
disturbing
despite
seGretary,
the
of
that
heels
Mr.
Mr.
went
Page 11 of 18
to
of
and
in isolating the problem and
Mr.
to
his
43. from 41. 40. the
being 42. KNCC,
practices,
Warne
On On
In
At
State
the
inflexible
Mr.
facility.
the information information to "I development of review Ms. Warne's know conclusion
Violation
Delaware, Mahler in wfi~rl'm what his
,
and
interim and
'""CO
of told approach process; may
which
belief,
belief,
this
going Mr.
performance
have
mee,ting,
he
Ms.
Ms.
Warne's
in
to
has
Case 1:07-cv-00832-JJF
to been
effect,
the
Mahler do."
Mahler
long
Risk
apparently inappropriate
wife,
the
review
suspected
was
and/or
Management
,
interim
Laura
affronted
dated
Document 1
practices, and proceeded, within a month, to terminate Mr. Warne.
annoyed
COUNT I
her managementat the February 17, 2006 meeting, sought to continue to hide her wrongful
board in responseto growing board concerns about falls and other safety shortcomings at the
44. Paragraphs1 to 43 are restated as ifmore fully set forth herein.
the motivation and tenacity to dig for the real reasonsbehind the falls.
Mahler's failure to develop a finished and workable program, as had been tasked by the KNCC
of the discrimination and retaliation provisions of the A2e Discrimination Emplovment Act. 29 U.S.Co § 621 et seq.
12
evaluation by program, Mr. scapegoats Warne's when in actions him fact for he in Eileen was challenging excluded
other
were
Hummel,
or
February
inaccurate
department
kept
at
Mr.
who
from
24,2006,
Warne's
reporting
was
heads
him
also
Filed 12/19/2007
precisely
he
insistence
did
in
then
is
not
the
identified
employed
fall
want because
on
forms.
Mr.
proper
as
he
Page 12 of 18
by
in
had
42
as Violation great
50.
49.
regarded 48. 46. Discrimination by
Violation
47.
45.
a
unlawful
disabled
Mr.
The
mental Mr.
Managers
by unlawful
Mr.
Warne actions
Warne
of
of
age
anguish
person
the
Warne
the
in
discrimination
has retaliation
has
of and
Employment
disability
2ender
when
defendant
as
suffered
suffered
and
decisionmakers
psychologically
US.c. § 12101et seq.
embarrassment,
bias in
and
fact
damages
damages
Case 1:07-cv-00832-JJF
and
Act. and
discrimination
Act.
he discrimination
retaliatory
retaliation
was
KNCC
in at
as
as
disabled.
defendant
not,
har<:tssing
a
and
a
COUNT
.
result
result
I
in
42 U.S.Co
other
seQ.
motive,
Document 1
provisions violation
and retaliatory
provisions
great mental anguish and embarrassment,and other losses.
of of
COUNTIII
Paragraphs 1 to 18 are restated as if more fully set forth herein.
lost salary and benefits, damage to his career and reputation, loss of future earning capacity,
lost salary and benefits, damage to his career and reputation, loss of future earning capacity,
The actions of defendant KNCC harassing and terminating Mr. Warne were motivated in
13
and the terminating actions
losses.
II
the
§ 12101
in
actions
KNCC,
motive
of
violation
of
and
the
of
et seQ.
Title
in
of
Americans
the
of
particular
defendant
defendant
of
Mr.
VII.
Americans
the
Filed 12/19/2007
Warne
42
federal
with
V.S.C.
Eileen
KNCC,
in that said defendant
were
with
Disabilities
Age
&
Mahler,
motivated
Page 13 of 18
2000e-l
Disabilities
including
Act,
regarded him
KNCC, including
et
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 14 of 18
COUNT
Violation of Delaware A2e. Gender. and Disabilities IV Discrimination statute. 19 Del. C. § l' et seQ. 711
54.
55.
Paragraphs 1-53 are restated as ifmore fully set forth herein.
KNCC
in
The
actions
of
defendant
harassing
and
terminating
Mr.
Warne
were
by unlawful age, gender, and disability discrimination
and retaliatory motive, in violation of the in employment,
State of Delaware statutory protections against age and disability discrimination 19 Del. C.
§ 711 et seq. .~,
56.
Mr.
Warne
has
suffered
damages
as
a
result
of
the
actions
of
defendant
KNCC,
motivated
lost salary and benefits, damage to his career and reputation, loss of future earning capacity, great mental anguish and embarrassment,and other losses.
14
including
damage 62. discharge, 59. 58. extent inflating
not
Mr. even Mr. Mr.
to
Violation
questions
WHEREFORE,
Warne Warne Warne which constitute the including purported has hassu'.(fered has Mr. Violation of suffered wrongful been
defendant
to
his
career
plaintiff
61. Defendant KljCC
Warne
Delaware
and
loss
has
importance
terminated
Ronald
anguish and embarrassment,
reputation, of
falsified
has
damages
salary,
significant
of
about certa;mofKNCC's
Case 1:07-cv-00832-JJF
KNCC constitute serious deviations from that
on the above claims,
behavior), the emphasized of the Covenant damage in as certain reasons vielation damages a when result COUNT
Whistleblowers
C.
Warne
and other lossest
including
safety to minor-episodes in his of for of fact Good as career
great
mental
demands
of
Protection
Document 1
Medicar~/Medicaid
COUNT
60. Paragraphs1 to 59 are restated as if fully set forth.
57. Paragraphs to 56 areherebyrestated if fully setforth. 1 as
discriminated against and discharged becausehe has reported violations of safety practices at
an award of compensatory
acceptedand required practices, and had raised
15
the regulations Mr. VI the actions Warne's Faith real and reason (which reputation, and ofKNCC, in termination, the Fair for episodes, Dealin!! his significant including termination referencing in some lost
anguish
19
a
that
V
result
Del.
judgment
and
C.
of
Act.
the
§
practices.
embarrassment,
1703
19
aforesaid
be
Del.
in
entered
Filed 12/19/2007
that
C.
discrimination
he §
in
1701
and
has
his
other
been
KNCCfacility.
mental
et
damages, punitive
cases, salary, was and the did
favor
seQ.
losses.
against
Page 15 of 18
damages,
and
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 16 of 18
costsof suit, interest,attorneys'feesunderany and all applicablestatutes, any other and this
appropriate or relevant statutory or common law basis, and such other and further relief as Court may deem
DATE:
appropriate.
December
19,2007
WARNE
Plaintiff,
RONALD
attorney:
By
.
~.
Herbert
The Law G. Office
his
\.M!J\"
Feuerhake,Esq. of Herbert G.
C.
521 West Wilmington,
Street. Delaware 19801
l
(302) 658-6101 Atty. ill No. 2590
"
,fo
."
16
~
Feuerhake
Case 1:07-cv-00832-JJF
Document 1
Filed 12/19/2007
Page 17 of 18
.
Exhibit A
~
Case 1:07-cv-00832-JJF
161 (3/98)
u.s.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Document 1
Filed 12/19/2007
Page 18 of 18
EEOC
Form
DISMISSAL
AND NOTICE OF RIGHTS
From: Philadelphia
To:
Ronald
Warne
District
129 Emerald
Bear, DE 19701
Ridge
Drive
801 Market
Suite 1300
Street
Philadelphia, 19107 PA
D
EEOC Charge
Onbehalf person(s) § 1601.7(a))identity . of whose J§ CONFIDENTIAL CFR (29 aggrieved
No. EEOC Repr~~entative Telephone No.
530-2007-01427
Legal Unit
(215) 440-2828 REASON: EEOC.
by the
THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING
D The facts alleged tr\~',fJil}fEharge faJito state a claIm url'der any of the statutes enforced
Your allegations dicrn'bt'iinvolve a disability as defined by the Americans with Disabilities Act. The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.
in other words, you waited too long after the date(s) of the alleged discrimination to file your
0
0
0 Your not filed charge with was timelyEEOC;
charge.
0
0 0
Having been given 30 days in which to respon~i, you failed to provide information, failed to appear or be available interviews/conferences, or otherwise failed to cooperate to the extent that it was not possible to resolve your charge.
Office
for
While reasonable efforts were made to locate you, we were not able to do so. You were given 30 days to accept a reasonable settlement offer that affords full relief for the harm you alleged.
~
TheEEOCissuesthe followingdetermination:Based,upon investigation, EEOCis unableto conclude the information its the that obtained
establishes violations of the statutes. This does not c~l)tify that the
to any other issues that might be construed as having been (c:lisedby this charge.
D
The EEOC has adopted the findings of the state or local fair employment practices
is compliance No is as in with the statutes. made finding
agency that investigated this charge.
D
Other (briefly state)
-
NOTICE
OFSUIT
r!3spondent
-
(See the additional information attached to this form.)
VII,the Americans with Disabilities Act, and/or the Ag~ Discrimination in Employment Act: Thiswill bethe only
file a lawsuit against the respondent(s) under
90 DAYS of your claim receipt may of of dismissal and of your right to sue that we will send you. You may
federal law based on this charge in federal or state court. Your lawsuit must be filed WITHIN of this Notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a state be different.)
Equal alleged
notice
Title
Pay Act (EPA): EPA suits
EPA underpayment.
must This means
be
filectin
federal
or
state
court
RIGHTS
within
2
years
(3
years
for
willful
violations)
that backpay
due for any violations
that
occurred
more
than
2
years
(3
before you file suit may not be collectible.
l£c:t~iL'~~~?Enclosure(s)
years)
?.
x
cc:
(DateMailed)
Herbert G. Feuerkake,Esq., Attorney for Charging Party David H. Williams, Esq., Attorney for Respondent
(Kentmere Nursing Care Center)
the
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