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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 ...
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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. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.
Kevin Wilemon - 05/15/2008
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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
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.
Case Details
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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
Filed Pro Se
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
Filed
01/29/2005
Case Closing Year
2010
Case Ongoing
No
Documents
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Court
Docket(s)
E.D.N.Y.
09/06/2007
2:05-cv-03161-ADS-WDW
EE-NY-0048-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.Y.
01/29/2005
Complaint [ECF# 1]
EE-NY-0048-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
08/16/2005
Amended Complaint [ECF# 2]
EE-NY-0048-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
09/04/2007
Consent Decree [ECF# 12]
EE-NY-0048-0003.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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