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Case: EEOC v. Champion Window Manufacturing & Supply

2:07-cv-01291 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 25, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 25, 2007, with the assistance of private counsel, a black former employee of Champion Windows of Pittsburgh filed suit for violation of the Civil Rights Act of 1866, 42 U.S.C. §1981, which prohibits private discrimination that impairs the right to make and enforce contracts. The employee alleged that Champion Windows had demoted and then fired him because of his race and in retaliation for complaining about race discrimination. The employee sought injunctive and monetary relief, i…

On September 25, 2007, with the assistance of private counsel, a black former employee of Champion Windows of Pittsburgh filed suit for violation of the Civil Rights Act of 1866, 42 U.S.C. §1981, which prohibits private discrimination that impairs the right to make and enforce contracts. The employee alleged that Champion Windows had demoted and then fired him because of his race and in retaliation for complaining about race discrimination. The employee sought injunctive and monetary relief, including reinstatement, back pay with interest, compensation for emotional distress, punitive damages, and attorney's fees.

On November 15, 2007, the Equal Employment Opportunity Commission (EEOC) filed a separate lawsuit against Champion Windows of Pittsburgh on behalf of the employee, alleging disparate treatment on the basis of race and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The EEOC alleged that Champion Windows had provided the employee with less than it provided to white employees in the same position (no corporate cell phone, Home Depot credit card, or Helper; an uninspected, inoperable truck, different tools, and lesser compensation) and that Champion Windows had demoted and fired the employee for complaining about the discriminatory treatment. The employee intervened in that lawsuit, adding claims under Title VII and the Pennsylvania Human Relations Act. The Court (Judge Arthur J. Schwab) consolidated the two cases on January 14, 2008.

The parties participated in mediation on March 4, 2008. The employee reached a settlement of his claims with Champion Windows contingent on Champion Windows's entering into a consent decree with the EEOC. The EEOC and Champion Windows later entered into a 4-year consent decree, which was adopted by the Court on May 30, 2008. The decree provided for monetary and injunctive relief. Under the decree Champion Windows paid the employee $100,000 in settlement of the EEOC's claims. Champion Windows also had to update its policies, improve its complaint procedures, provide all supervisors with yearly antidiscrimination training and yearly training on antidiscrimination laws and effective investigation, train all employees and supervisors in its Human Resources department on conducting an effective investigation, post a notice on its bulletin boards, and report annually to the EEOC that it has complied with the decree. The parties bore their own fees and costs. The case is now closed.

Summary Authors

Kenneth Gray (6/28/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12465279/parties/waite-v-champion-windows-manufacturing-inc/


Judge(s)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cordes, Samuel J (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Waskowicz, Tiffany R (Pennsylvania)

Attorneys(s) for Defendant

Feldstein, Allison (Pennsylvania)

Holmes, Keenan D (Pennsylvania)

Judge(s)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cordes, Samuel J (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Waskowicz, Tiffany R (Pennsylvania)

Attorneys(s) for Defendant

Feldstein, Allison (Pennsylvania)

Holmes, Keenan D (Pennsylvania)

Documents in the Clearinghouse

Document

2:07-cv-01291

Docket

May 30, 2008

May 30, 2008

Docket
3517

2:07-cv-01291

Civil Complaint

Waite v. Champion Windows Manufacturing

Sept. 25, 2007

Sept. 25, 2007

Complaint
3759

2:07-cv-01563

Complaint

EEOC v. CHAMPION WINDOW MANUFACTURING & SUPPLY CO., LLC

Nov. 8, 2007

Nov. 8, 2007

Complaint
11

2:07-cv-01563

Complaint in Intervention

EEOC v. CHAMPION WINDOW MANUFACTURING & SUPPLY CO., LLC

Dec. 20, 2007

Dec. 20, 2007

Complaint
22

2:07-cv-01291

Order

Waite v. Champion Windows Manufacturing

May 30, 2008

May 30, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12465279/waite-v-champion-windows-manufacturing-inc/

Last updated Oct. 28, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CHAMPION WINDOWS MANUFACTURING, INC., filed by MARTELL WAITE. (Filing fee $350 paid, Receipt #693970) (Attachments: # 1 Civil Cover Sheet)(sjs ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
2

NOTICE of Appearance by Tiffany R. Waskowicz on behalf of MARTELL WAITE (Waskowicz, Tiffany) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER

Summons Issued as to CHAMPION WINDOWS MANUFACTURING, INC. (sjs )

Sept. 25, 2007

Sept. 25, 2007

PACER
3

WAIVER OF SERVICE Returned Executed by MARTELL WAITE. CHAMPION WINDOWS MANUFACTURING, INC. waiver sent on 9/26/2007, answer due 11/26/2007. (Waskowicz, Tiffany) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
4

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties.(ms) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
5

ANSWER to Complaint by CHAMPION WINDOWS MANUFACTURING, INC. (Feldstein, Allison) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
6

Disclosure Statement identifying None as corporate parent, by CHAMPION WINDOWS MANUFACTURING, INC. (Feldstein, Allison) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
7

ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE: Proposed Case Management Order, ADR Stipulation and Rule 26 Meeting Report due by 01/04/08. Case Management Conference set for 01/11/08 at 8:00 AM before Arthur J. Schwab. This Conference will occur together with the Initial Case Management Conference of its related case 07cv1563. Signed by Judge Arthur J. Schwab on 12/04/07. (eca) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
8

Proposed Case Management Order by MARTELL WAITE. (Waskowicz, Tiffany) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
9

REPORT of Rule 26(f) Planning Meeting. (Waskowicz, Tiffany) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
10

STIPULATION selecting ADR process by MARTELL WAITE (Waskowicz, Tiffany) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
11

CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 1/25/2008, Amended Pleadings due by 2/10/2008, Discovery due by 6/9/2008, Plaintiff's Pretrial Statement due by 8/1/2008, Defendant's Pretrial Statement due by 8/11/2008, Plaintiff's Expert Reports due by 5/10/2008, Defendant's Expert Reports due by 5/30/2008, Expert Depositions to be completed by 6/9/2008, Summary Judgment due by 6/29/2008, Response to Summary Judgment due by 7/9/2008, Willingness to proceed before Magistrate Judge due by 2/10/2008. Signed by Judge Arthur J. Schwab on 1/11/08. (ms) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
12

PRETRIAL ORDER Plaintiff's witness list due by 8/1/2008, Defendant's Witness list due by 8/11/2008, Proposed Voir Dire by 8/18/2008, Points for Charge due by 8/18/2008, Proposed Verdict Slips due by 8/18/2008, Stipulation due by 8/18/2008, Motions in Limine due by 8/13/2008, Response to Motions in Limine due by 8/18/2008, Jury Trial set for 9/22/2008 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab, Pretrial Conference set for 9/5/2008 at 8:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 1/11/08. (ms) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
13

ORDER REFERRING CASE to Mediation. Maria Grecor Danaher is appointed as mediator. Mediation shall occur by 3/11/08. Signed by Judge Arthur J. Schwab on 1/11/08. (ms) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER

Minute Entry for proceedings held before Judge Arthur J. Schwab : Case Management Conference held on 1/11/2008. Case Management and Pretrial Orders issued. Parties agreed to mediate before Maria Greco Danaher. Cases 07cv1291 and 07cv1563 will be consolidated. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: K. Earley) (ms)

Jan. 11, 2008

Jan. 11, 2008

PACER
14

ORDER REGARDING CONSOLIDATION. This case is hereby designated a LEAD case. All pleadings, motions, and other documents hereafter relating to this case or the consolidated case shall be captioned and filed at Civil Action No. 07-1291. Signed by Judge Arthur J. Schwab on 01/14/08. (eca) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
15

NOTICE of Appearance by Keenan D. Holmes on behalf of CHAMPION WINDOW MANUFACTURING & SUPPLY CO., LLC, CHAMPION WINDOWS MANUFACTURING, INC. (Holmes, Keenan) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER
16

Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 3/4/2008 09:30 AM (Danaher, Maria) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER

ORDER OF COURT. The parties are hereby ordered to use trial presentation technology and courtroom technology, and trial exhibit summaries (pursuant to Rule 1006 of the Federal Rules of Evidence), to the fullest extent possible. Text-only entry; no PDF document will issue. This text-only entry constitutes the Courts order or notice on the matter. Signed by Judge Arthur J. Schwab on 2/28/08. (ms) Modified on 2/29/2008 to correct typo (ksa).

Feb. 28, 2008

Feb. 28, 2008

PACER
17

REPORT of Mediation: Settlement has not been reached. Amount of discovery conducted: written discovery was conducted. Case has settled in Part. For cases participating in the Court's ADR pilot project, the parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/4/2008. (Danaher, Maria) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

PACER
18

ORDER SCHEDULING STATUS / SETTLEMENT CONFERENCE. A Status / Settlement Conference is hereby set for 5/15/2008 at 01:30 PM before Arthur J. Schwab. Each party shall supply the Court with confidential letters within three (3) business days of the Status / Settlement Conference. Each party shall also submit to the Court a proposed settlement agreement within three (3) business days of the Status / Settlement Conference. Signed by Judge Arthur J. Schwab on 03/26/08. (eca) (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

PACER

ORDER RESCHEDULING STATUS / SETTLEMENT CONFERENCE. The Status / Settlement Conference that was previously scheduled for 5/15/2008 at 01:30 PM is hereby RESCHEDULED for 5/13/2008 at 09:00 AM before Arthur J. Schwab. Each party shall supply the Court with confidential letters within three (3) business days of the rescheduled Status / Settlement Conference. Each party shall also submit to the Court a proposed settlement agreement within three (3) business days of the rescheduled Status / Settlement Conference. Signed by Judge Arthur J. Schwab on 04/08/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)

April 8, 2008

April 8, 2008

PACER
19

Joint MOTION to Cancel Settlement Conference re 18 Order by CHAMPION WINDOW MANUFACTURING & SUPPLY CO., LLC, CHAMPION WINDOWS MANUFACTURING, INC. (Attachments: # 1 Proposed Order) (Feldstein, Allison) Text modified on 5/13/2008 (ept). (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

PACER
20

ORDER granting 19 Motion to Cancel Settlement Conference scheduled for 05/13/08 at 9:00 AM. Said conference is hereby CANCELLED. Signed by Judge Arthur J. Schwab on 05/13/08. (eca) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

PACER

TEXT ORDER. It appearing to the Court that the parties have agreed to an amicable resolution of this matter, IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes. IT IS FURTHER ORDERED that, in the event any party fails to execute the settlement agreement, the case shall be reinstated to the docket upon written request of any party for purposes of enforcement of the settlement agreement. IT IS FINALLY ORDERED that the Court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 05/13/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)

May 13, 2008

May 13, 2008

PACER
21

CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
22

ORDER APPROVING 21 Consent Decree. Signed by Judge Arthur J. Schwab on 05/30/08. (eca) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A black former employee of Champion Windows of Pittsburgh and the EEOC filing on his behalf

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Champion Windows of Pittsburgh, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - 2012

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Goals (e.g., for hiring, admissions)

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Suit Related / Consolidated with EEOC Suit