University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name EEOC v. Empire Healthchoice HMO, Inc. EE-NY-0048
Docket / Court 2:05-cv-03161-ADS-WDW ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this suit against Empire Healthchoice HMO, Inc. (subsequently known as Wellchoice, Inc.) in June 2005 in the Eastern District of New York. The complaint alleged that the Defendant violated the Age Discrimination in Employment Act (ADEA) by engaging ... read more >
The New York District Office of the EEOC brought this suit against Empire Healthchoice HMO, Inc. (subsequently known as Wellchoice, Inc.) in June 2005 in the Eastern District of New York. The complaint alleged that the Defendant violated the Age Discrimination in Employment Act (ADEA) by engaging in unlawful employment practices against the two complainants and other similarly situated workers over the age of 40. The complainants allegedly were not promoted, were involuntarily transferred, and not granted medical absences because of their age. The Defendant allegedly retaliated against the complainants when they filed charges with the EEOC on behalf of themselves and others by involuntarily transferring one complainant and denying excused medical time off for the other.

The parties entered into a three year consent decree in September 2007. The Defendant paid $9000 to the complainant who was denied a promotion. The Defendant was required to conduct two hours of training for all managers and human resources personnel in the unit where the complainants worked. The Defendant was also required to post a notice of non-discrimination and revise and redistribute its non-discrimination policy to all employees in the unit where the complainants worked. The Defendant also agree to not discriminate or retaliate in violation of the ADEA.

Kevin Wilemon - 05/15/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
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
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Empire Healthchoice HMO, Inc.
Empire Healthchoice HMO, Inc.
Wellchoice, Inc.
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 2007 - 2010
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
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)
2:05-cv-03161-ADS-WDW (E.D.N.Y.) 09/06/2007
EE-NY-0048-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/29/2005
EE-NY-0048-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 08/16/2005
EE-NY-0048-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 09/04/2007
EE-NY-0048-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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

- click to show/hide ALL -

new search
page permalink

- top of page -