University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LA CRUZ AZUL DE PUERTO RICO EE-PR-0005
Docket / Court 99CIV1410 ( D.P.R. )
State/Territory Puerto Rico
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In April 1999, the New York office of the EEOC and the U.S. Attorney's Office of San Juan brought this ADA suit against La Cruz Azul (Blue Cross) de Puerto Rico in the U.S. District Court for the District of Puerto Rico. The complaint alleged that the defendant, an insurance company, discriminated ... read more >
In April 1999, the New York office of the EEOC and the U.S. Attorney's Office of San Juan brought this ADA suit against La Cruz Azul (Blue Cross) de Puerto Rico in the U.S. District Court for the District of Puerto Rico. The complaint alleged that the defendant, an insurance company, discriminated against the claimant by implementing, maintaining, administering a health care plan with limited coverage for HIV and AIDS carriers. The case settled by entry of a consent decree in November 2000.

The five year consent decree required the claimant to refrain from retaliation and discrimination; post notice; review, approve, and formally adopt its non-discrimination policy; distribute the non-discrimination policy; pay the claimant $200,000 in compensatory damages; provide ADA training for all of its managers, non-managerial officers, and employees; continue to allow the claimant to send health benefit claims to the defendant; continue to waive the six month health benefit claim requirements; provide the EEOC with a written statement for submitting and administering Medicare claims; reimburse the claimant for claims of coverage under Medicare; and offer and administer extended health insurance coverage for the claimant provided that he is terminated from his current employer.

Kevin Wilemon - 07/23/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Pay / Benefits
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) La Cruz Azul de PR
La Cruz Azul de Puerto Rico
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
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 1999 - 2004
Case Closing Year 2000
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)
3:99-cv-01410-HL (D.P.R.) 03/14/2003
EE-PR-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Re: Motion to Compel] 04/20/2000 (D.P.R.)
EE-PR-0005-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/17/2000 (D.P.R.)
EE-PR-0005-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 11/29/2000
EE-PR-0005-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
La Cruz Azul (Blue Cross) of Puerto Rico to Pay $200,000 in Disability Discrimination Lawsuit 12/06/2000
EE-PR-0005-0001 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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