Case: EEOC v. ENCOMPASS INSURANCE, INC.

2:04-cv-03331 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 15, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On July 15, 2004, the Philadelphia office of the EEOC filed this race discrimination case against Allstate Insurance Company (its subsidiary, Encompass Insurance, Inc.) claiming that Allstate discriminated against a black employee when it fired her from her position as a Customer Service Representative for alleged performance problems. The employee had been hired by the Defendant's predecessor in 1987. After the Defendant acquired the company in 2000, the complainant alleged, her supervisor h…

On July 15, 2004, the Philadelphia office of the EEOC filed this race discrimination case against Allstate Insurance Company (its subsidiary, Encompass Insurance, Inc.) claiming that Allstate discriminated against a black employee when it fired her from her position as a Customer Service Representative for alleged performance problems. The employee had been hired by the Defendant's predecessor in 1987. After the Defendant acquired the company in 2000, the complainant alleged, her supervisor harassed her because of her race, up to and including terminating her employment because she complained to Human Resources about his behavior. The Human Resources manger ignored her complaints and refused to assign her to another supervisor. The employee filed her Intervenor Complaint on March 25, 2005.

After a brief discovery dispute, the case was resolved by Consent Decree, entered on April 13, 2007. The Decree requires Defendant not to discriminate on the basis of race or to retaliate against empoyees who complain about such discrimination, to post the EEO notice, and to review and update its policies against discrimination and retaliation, including publishing an effective complaint procedure, the minimum requirements of which the Decree sets out in detail. The Defendants also agreed to provide non-discrimination training to all its managers and supervisors.

Additionally, the Decree provides that the employee's file be expunged of all reference to her charge of discrimination and prohibits Defendant from divulging any of its facts or circumstances to any employer or potential employer.

Defendant agreed to pay the complainant $115,000.00 in damages. The Decree specifies for tax reporting purposes how the amount should be divided and designated.

The settlement term was two years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Denise Heberle (1/4/2010)

People


Judge(s)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Edge, Dawn M (Pennsylvania)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Ramos, Marisol (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Santiago-Flores, Iris (Pennsylvania)

Judge(s)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Edge, Dawn M (Pennsylvania)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Ramos, Marisol (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Santiago-Flores, Iris (Pennsylvania)

Tiernan, Mary M. (Pennsylvania)

Attorneys(s) for Defendant

Elliott, Jeffrey R. (Pennsylvania)

Farmer, Shannon D. (Pennsylvania)

George, Marjorie A. (Pennsylvania)

Johns, Daniel V. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Encompass Insurance, Inc.

April 13, 2007 Docket
4

Second Amended Complaint

EEOC v. Allstate Insurance Company

Sept. 27, 2004 Complaint
11

[Intervenor] Complaint

EEOC v. Encompass Insurance, Inc.

March 25, 2005 Complaint
19

Order [Regarding Defendant's Motion to Dismiss]

EEOC v. Encompass Insurance, Inc.

Dec. 14, 2005 Order/Opinion
28

Order [Regarding Defendant's Motion to Compel]

EEOC v. Encompass Insurance, Inc.

Aug. 23, 2006 Order/Opinion
31

Consent Decree

EEOC v. Allstate Insurance Company

Feb. 8, 2007 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against ENCOMPASS INSURANCE, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(gtk, ) (Entered: 07/15/2004)

July 15, 2004

1 Summons Issued as to ENCOMPASS INSURANCE, INC.. Forwarded To: Counsel on 7/15/2004 (gtk, ) (Entered: 07/15/2004)

July 15, 2004

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (gtk, ) (Entered: 07/15/2004)

July 15, 2004
2

AMENDED COMPLAINT against ENCOMPASS INSURANCE, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ph, ) (Entered: 07/21/2004)

July 20, 2004

Summons Issued on Amended complaint as to ENCOMPASS INSURANCE, INC.. Forwarded To: counsel on 7/21/04 (ph, ) (Entered: 07/21/2004)

July 20, 2004
3

Affidavit of SERVICE of DUDLEY G. BROWN re: Service of Summons and Complaint and Amended upon KAREN E. FAUST on behalf of DEFENDANT ENCOMPASS INSURANCE, INC. by PERSONAL SERVICE on 8/23/2004, answer due 9/13/2004. (jpd) (Entered: 09/02/2004)

Sept. 1, 2004
4

SECOND AMENDED COMPLAINT against ALLSTATE INSURANCE COMPANY filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Jury Demand.(mar, ) (Entered: 09/27/2004)

Sept. 27, 2004
6

Allstate Insurance Company's ANSWER to Amended Complaint by ENCOMPASS INSURANCE, INC. with Affirmative Defenses, Certificate of Service. (GEORGE, MARJORIE) Modified on 10/4/2004 (np). (Entered: 10/01/2004)

Oct. 1, 2004
7

Memorandum of Law in Opposition re 5 MOTION to Intervene filed by ENCOMPASS INSURANCE, INC., Certificate of Service. (GEORGE, MARJORIE) Modified on 10/15/2004 (np). (Entered: 10/14/2004)

Oct. 14, 2004
8

NOTICE of Appearance by DANIEL V. JOHNS on behalf of ENCOMPASS INSURANCE, INC.; Jury Demand with Certificate of Service. (JOHNS, DANIEL) Modified on 10/15/2004 (np). (Entered: 10/14/2004)

Oct. 14, 2004
9

NOTICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION of SUBSTITUTE ENTRY OF APPEARANCE (SANTIAGO-FLORES, IRIS) (Entered: 02/18/2005)

Feb. 18, 2005
10

ORDER THAT THE MOTION TO INTERVENE FILED BY JOYCE JOHNSON-CLAYTER IS GRANTED. SIGNED BY JUDGE PETRESE B. TUCKER ON 3/15/05.3/21/05 ENTERED AND COPIES MAILED AND E-MAILED. (stb, ) (Entered: 03/21/2005)

March 21, 2005
11

Intervenor COMPLAINT , filed by JOYCE JOHNSON-CLAYTER. Certificate of Service(stb, ) Additional attachment(s) added on 5/12/2005 (np, ). (Entered: 03/25/2005)

March 25, 2005
12

MOTION to Dismiss Intervenor Complaint by Allstate Insurance Company filed by ENCOMPASS INSURANCE, INC..Memorandum of Law, Certificate of Service.(GEORGE, MARJORIE) (Entered: 04/18/2005)

April 18, 2005
13

RESPONSE in Opposition re 12 MOTION to Dismiss Intervenor Complaint by Allstate Insurance Company filed by JOYCE JOHNSON-CLAYTER, Brief, Certificate of Service. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit A)(ELLIOTT, JEFFREY) Modified on 5/4/2005 (fh, ). (Entered: 05/02/2005)

May 2, 2005
14

Motion for Leave to File Reply REPLY to Response to Motion re 12 MOTION to Dismiss Intervenor Complaint by Allstate Insurance Company filed by ENCOMPASS INSURANCE, INC.; Certificate of Service. (GEORGE, MARJORIE) Modified on 5/13/2005 (np). (Entered: 05/11/2005)

May 11, 2005
15

NOTICE of Withdrawal of Appearance by MARJORIE A. GEORGE on behalf of ENCOMPASS INSURANCE, INC. (GEORGE, MARJORIE) (Entered: 05/12/2005)

May 12, 2005
16

NOTICE of Appearance by SHANNON D. FARMER on behalf of ENCOMPASS INSURANCE, INC. with Certificate of Service (FARMER, SHANNON) (Entered: 05/12/2005)

May 12, 2005
17

ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF ITS MOTION TO DISMISS COUNTS I AND IV OF THE INTERVENOR COMPLAINT IS GRANTED. SIGNED BY JUDGE PETRESE B. TUCKER ON 5/23/05. 5/25/05 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 05/25/2005)

May 25, 2005
18

Reply Memorandum in Further Support of Defendant's Motion to Dismiss Counts I and IV of the Intervenor Complaint filed by ENCOMPASS INSURANCE, INC. (stb, ) (Entered: 05/25/2005)

May 25, 2005
19

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART FOR THE REASONS SET FORTH HEREIN. DEFENDANT SHALL FILE AN ANSWER TO INTERVENOR'S COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER. SIGNED BY JUDGE PETRESE B. TUCKER ON 12/12/05.12/15/05 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 12/15/2005)

Dec. 14, 2005
20

Allstate Insurance Company's ANSWER to Complaint and Affirmative Defenses by ENCOMPASS INSURANCE, INC., Certificate of Service. (FARMER, SHANNON) Modified on 1/4/2006 (np). (Entered: 01/03/2006)

Jan. 3, 2006
21

NOTICE of Hearing: Rule 16 SCHEDULING CONFERENCE SET FOR 2/10/2006 09:15 AM BEFORE HONORABLE PETRESE B. TUCKER. (adr) (Entered: 01/03/2006)

Jan. 3, 2006
22

NOTICE of Withdrawal of Appearance by IRIS SANTIAGO-FLORES on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (SANTIAGO-FLORES, IRIS) (Entered: 01/05/2006)

Jan. 5, 2006
23

SCHEDULING ORDER: SETTLEMENT CONFERENCE IS SET FOR 7/26/2006 AT 2:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE PETRESE B. TUCKER. DISCOVERY DUE BY 7/14/2006. MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT DUE BY 8/18/2006. ALL BRIEFS FILED IN OPPOSITION SHALL BE FILED AND SERVED ON OR BEFORE FRIDAY, SEPTEMBER 1, 2006 TRIAL POOL SET FOR 11/6/2006. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/10/06. 2/21/06 ENTERED AND COPIES MAILED AND E-MAILED.(mac, ) (Entered: 02/21/2006)

Feb. 17, 2006
24

MOTION to Compel Production of Unredacted Copy of Investigator's Call Log filed by ENCOMPASS INSURANCE, INC..Memorandum, Certificate of Service. (Attachments: # 1 Exhibit to Motion to Compel)(FARMER, SHANNON) (Entered: 03/03/2006)

March 3, 2006
25

RESPONSE in Opposition re 24 MOTION to Compel Production of Unredacted Copy of Investigator's Call Log filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Exhibit 1- EEOC v. Allstate# 2 Exhibit Exhibit 2- EEOC v. Allstate) (RAMOS, MARISOL) Modified on 3/16/2006 (np). (Entered: 03/16/2006)

March 16, 2006
26

NOTICE of Appearance by JUDITH A. O'BOYLE on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (O'BOYLE, JUDITH) (Entered: 03/27/2006)

March 27, 2006
28

ORDER THAT DEFENDANT'S MOTION TO COMPEL THE PRODUCTION OF AN UNREDACTED COPY OF PLAINTIFF'S INVESTIGATOR'S CALL LOG IS DENIED. SIGNED BY JUDGE PETRESE B. TUCKER ON 8/22/06.8/23/06 ENTERED AND COPIES MAILED AND E-MAILED. (mac, ) (Entered: 08/23/2006)

Aug. 23, 2006
29

ORDER THAT PLAINTIFF'S REQUEST FOR AN EXTENSION OF DISCOVERY DEADLINE IS GRANTED. ALL DISCOVERY WILL BE COMPLETED BY MONDAY, NOVEMBER 13, 2006. ALL MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT SHALL BE FILED ON OR BEFORE FRIDAY, JANUARY 12, 2007 ALL BRIEFS FILED IN OPPOSITION SHALL BE FILED ON OR BEFORE FRIDAY, JANUARY 26, 2007. THE CASE WILL BE PLACED ON THE COURT'S TRIAL LIST ON MONDAY, MARCH 12, 2007. SIGNED BY JUDGE PETRESE B. TUCKER ON 09/06/06. 09/08/06 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 09/08/2006)

Sept. 8, 2006
30

AMENDED SCHEDULING ORDER THAT ALL DISCOVERY IS DUE BY 12/13/2006. COUNSEL FOR THE PLAINTIFF SHALL SEND A LETTER TO THE COURT INDICATING THE STATUS OF THIS MATTER WITHIN 10 DAYS FROM THE COMPLETION OF DISCOVERY. ALL OTHER PROVISIONS OF THE COURT'S 9/6/06 SCHEDULING ORDER REMAIN IN FORCE TO THE EXTENT THAT THEY ARE NOT INCONSISTENT WITH THIS ORDER. SIGNED BY JUDGE PETRESE B. TUCKER ON 11/7/06. 11/9/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 11/09/2006)

Nov. 9, 2006
31

CONSENT DECREE THAT DEFENDANT AGREES THAT IT WILL NOT DISCRIMINATE ON THE BASES OF RECE AND/OR RETALIATION, ETC.. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/7/07. 2/9/07 ENTERED AND COPIES MAILED AND FAXED.(le, ) Additional attachment(s) added on 5/25/2007 (le, ). (Entered: 02/09/2007)

Feb. 8, 2007
32

ORDER THAT THIS MATTER IS HEREBY DISMISSED WITH PREJUDICE AND WITHOUT COSTS PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE PETRESE B. TUCKER ON 4/10/07. 4/16/07 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 04/16/2007)

April 13, 2007

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 15, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Allstate Insurance Company, Private Entity/Person

Case Details

Causes of Action:

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

Amount Defendant Pays: $115,000.00

Order Duration: 2007 - 2009

Content of Injunction:

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Implement complaint/dispute resolution process

Expungement of Employment Record

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit