University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC V. WESTPHALEN INSURANCE SERVICES, INC. EE-OK-0018
Docket / Court 5:04-cv-01078-M ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Oklahoma City office filed suit on August 31, 2004 against Westphalen Insurance, Inc. on behalf of numerous Westphalen employees, who later intervened on October 12, 2004. The complaint cited that Westphalen violated Title VII by subjecting the employees to discrimination based on their ... read more >
The EEOC's Oklahoma City office filed suit on August 31, 2004 against Westphalen Insurance, Inc. on behalf of numerous Westphalen employees, who later intervened on October 12, 2004. The complaint cited that Westphalen violated Title VII by subjecting the employees to discrimination based on their sex (female) and created a hostile work environment, leading to constructive discharge and actual discharge for some employees based on retaliation. The defendant filed an unsuccessful motion for summary judgment and had its 12(b)(6) motion to dismiss partially granted. The case was settled on January 31, 2006 after the parties attended ADR and the court entered a consent decree shortly thereafter in February. In the consent decree, Westphalen agreed to the standard form of EEOC settlement agreements (training, anti-discrimination orders, notification to the EEOC of any further discrimination complaints, etc.). Furthermore, Westphalen agreed to pay all of the costs incurred by the charging parties as well as attorneys' fees, and damages of $65,000 to be divided among the charging parties.

Aaron Weismann - 05/30/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Auditing
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
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) Gary Westphalen
Westphalen Insurance Services, 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 2006 - 2009
Case Closing Year 2006
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)
5:04-cv-01078-M (W.D. Okla.) 02/15/2006
EE-OK-0018-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/31/2004
EE-OK-0018-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Intervenors' Complaint 10/12/2004
EE-OK-0018-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 06/08/2005 (2005 WL 1384616) (W.D. Okla.)
EE-OK-0018-0011 PDF | WESTLAW | Detail
Document Source: Westlaw
Order 09/29/2005 (W.D. Okla.)
EE-OK-0018-0022 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/24/2005 (W.D. Okla.)
EE-OK-0018-0015 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/18/2006 (W.D. Okla.)
EE-OK-0018-0023 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Protective Order 01/18/2006 (W.D. Okla.)
EE-OK-0018-0024 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ADR [Mediation] Report 01/31/2006
EE-OK-0018-0016 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Administrative Closing Order 01/31/2006 (W.D. Okla.)
EE-OK-0018-0017 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 02/13/2006
EE-OK-0018-0018 PDF | Detail
Joint Stipulation of Dismissal with Prejudice 02/13/2006
EE-OK-0018-0019 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 02/15/2006 (W.D. Okla.)
EE-OK-0018-0020 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Dismissal with Prejudice 02/15/2006 (W.D. Okla.)
EE-OK-0018-0021 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Roberts, Bana (W.D. Okla.) [Magistrate]
EE-OK-0018-9000
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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