University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Champion Window Manufacturing & Supply EE-PA-0232
Docket / Court CV No. 07cv1291 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On September 25, 2007, with the assistance of private counsel, a black former employee of Champion Windows of Pittsburgh filed suit for violation of the Civil Rights Act of 1866, 42 U.S.C. §1981, which prohibits private discrimination that impairs the right to make and enforce contracts. The ... read more >
On September 25, 2007, with the assistance of private counsel, a black former employee of Champion Windows of Pittsburgh filed suit for violation of the Civil Rights Act of 1866, 42 U.S.C. §1981, which prohibits private discrimination that impairs the right to make and enforce contracts. The employee alleged that Champion Windows had demoted and then fired him because of his race and in retaliation for complaining about race discrimination. The employee sought injunctive and monetary relief, including reinstatement, back pay with interest, compensation for emotional distress, punitive damages, and attorney's fees.

On November 15, 2007, the Equal Employment Opportunity Commission (EEOC) filed a separate lawsuit against Champion Windows of Pittsburgh on behalf of the employee, alleging disparate treatment on the basis of race and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The EEOC alleged that Champion Windows had provided the employee with less than it provided to white employees in the same position (no corporate cell phone, Home Depot credit card, or Helper; an uninspected, inoperable truck, different tools, and lesser compensation) and that Champion Windows had demoted and fired the employee for complaining about the discriminatory treatment. The employee intervened in that lawsuit, adding claims under Title VII and the Pennsylvania Human Relations Act. The Court (Judge Arthur J. Schwab) consolidated the two cases on January 14, 2008.

The parties participated in mediation on March 4, 2008. The employee reached a settlement of his claims with Champion Windows contingent on Champion Windows's entering into a consent decree with the EEOC. The EEOC and Champion Windows later entered into a 4-year consent decree, which was adopted by the Court on May 30, 2008. The decree provided for monetary and injunctive relief. Under the decree Champion Windows paid the employee $100,000 in settlement of the EEOC's claims. Champion Windows also had to update its policies, improve its complaint procedures, provide all supervisors with yearly antidiscrimination training and yearly training on antidiscrimination laws and effective investigation, train all employees and supervisors in its Human Resources department on conducting an effective investigation, post a notice on its bulletin boards, and report annually to the EEOC that it has complied with the decree. The parties bore their own fees and costs. The case is now closed.

Kenneth Gray - 06/28/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Provide antidiscrimination training
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Champion Windows of Pittsburgh
Plaintiff Description A black former employee of Champion Windows of Pittsburgh and the EEOC filing on his behalf
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2012
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:07−cv−01291 (W.D. Pa.) 05/30/2008
EE-PA-0232-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Civil Complaint 09/25/2007 (2007 WL 4787167)
EE-PA-0232-0001 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint 11/08/2007
EE-PA-0232-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint in Intervention 12/20/2007
EE-PA-0232-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/30/2008 (W.D. Pa.)
EE-PA-0232-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Schwab, Arthur J. (W.D. Pa.)
EE-PA-0232-0002 | EE-PA-0232-9000
Monitors/Masters None on record
Plaintiff's Lawyers Clickner, M. Jean (Pennsylvania)
EE-PA-0232-0002 | EE-PA-0232-0003 | EE-PA-0232-9000
Cordes, Samuel J (Pennsylvania)
EE-PA-0232-0001 | EE-PA-0232-0004 | EE-PA-0232-9000
McNair, Jacqueline H. (Pennsylvania)
EE-PA-0232-0002 | EE-PA-0232-0003 | EE-PA-0232-9000
O'Boyle, Judith A. (Pennsylvania)
EE-PA-0232-0002 | EE-PA-0232-0003 | EE-PA-0232-9000
Waskowicz, Tiffany R (Pennsylvania)
EE-PA-0232-0001 | EE-PA-0232-0004 | EE-PA-0232-9000
Defendant's Lawyers Feldstein, Allison (Pennsylvania)
EE-PA-0232-0002 | EE-PA-0232-9000
Holmes, Keenan D (Pennsylvania)
EE-PA-0232-9000
Other Lawyers None on record

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