University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. ENCOMPASS INSURANCE, INC. EE-PA-0013
Docket / Court 2:04-cv-03331-PBT ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Case Summary
On July 15, 2004, the Philadelphia office of the EEOC filed this race discrimination case against Allstate Insurance Company (its subsidiary, Encompass Insurance, Inc.) claiming that Allstate discriminated against a black employee when it fired her from her position as a Customer Service ... read more >
On July 15, 2004, the Philadelphia office of the EEOC filed this race discrimination case against Allstate Insurance Company (its subsidiary, Encompass Insurance, Inc.) claiming that Allstate discriminated against a black employee when it fired her from her position as a Customer Service Representative for alleged performance problems. The employee had been hired by the Defendant's predecessor in 1987. After the Defendant acquired the company in 2000, the complainant alleged, her supervisor harassed her because of her race, up to and including terminating her employment because she complained to Human Resources about his behavior. The Human Resources manger ignored her complaints and refused to assign her to another supervisor. The employee filed her Intervenor Complaint on March 25, 2005.

After a brief discovery dispute, the case was resolved by Consent Decree, entered on April 13, 2007. The Decree requires Defendant not to discriminate on the basis of race or to retaliate against empoyees who complain about such discrimination, to post the EEO notice, and to review and update its policies against discrimination and retaliation, including publishing an effective complaint procedure, the minimum requirements of which the Decree sets out in detail. The Defendants also agreed to provide non-discrimination training to all its managers and supervisors.

Additionally, the Decree provides that the employee's file be expunged of all reference to her charge of discrimination and prohibits Defendant from divulging any of its facts or circumstances to any employer or potential employer.

Defendant agreed to pay the complainant $115,000.00 in damages. The Decree specifies for tax reporting purposes how the amount should be divided and designated.

Denise Heberle - 01/04/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Allstate Insurance Company
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations None on record
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 2007 - 2009
Case Closing Year 2007
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)
2:04-cv-03331-PBT (E.D. Pa.) 04/13/2007
EE-PA-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Second Amended Complaint 09/27/2004
EE-PA-0013-0001.pdf | Detail
[Intervenor] Complaint 03/25/2005
EE-PA-0013-0002.pdf | Detail
Order [Regarding Defendant's Motion to Dismiss] 12/14/2005 (E.D. Pa.)
EE-PA-0013-0003.pdf | Detail
Order [Regarding Defendant's Motion to Compel] 08/22/2006 (E.D. Pa.)
EE-PA-0013-0004.pdf | Detail
Consent Decree 02/08/2007
EE-PA-0013-0005.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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