Civil Rights Litigation Clearinghouse

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 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.

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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)

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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
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