Filed Date: Sept. 25, 2007
Closed Date: 2012
Clearinghouse coding complete
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)
Clickner, M. Jean (Pennsylvania)
Cordes, Samuel J. (Pennsylvania)
McNair, Jacqueline H. (Pennsylvania)
Feldstein, Allison (Pennsylvania)
Holmes, Keenan D (Pennsylvania)
State / Territory:
Case Type(s):
Special Collection(s):
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):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Champion Windows of Pittsburgh
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Other Dockets:
Western District of Pennsylvania 2:07-cv-01291
Western District of Pennsylvania 2:07-cv-01563
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Goals (e.g., for hiring, admissions)
Provide antidiscrimination training
Order Duration: 2008 - 2012
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Race(s):
EEOC-centric:
Private Suit Related / Consolidated with EEOC Suit
Case Summary of EEOC v. Champion Window Manufacturing & Supply, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11361/ (last updated 6/28/2013).