Civil Rights Litigation Clearinghouse

Case: EEOC v. Empire Healthchoice HMO, Inc.

2:05-cv-03161 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 29, 2005

Closed Date: 2010

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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 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.

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Summary Authors

Kevin Wilemon (5/15/2008)

Documents in the Clearinghouse

	Document
2:05-cv-03161	Docket [PACER]	Sept. 6, 2007	Sept. 6, 2007 Docket
1 2:05-cv-03161	Complaint	Jan. 29, 2005	Jan. 29, 2005 Complaint
2 2:05-cv-03161	Amended Complaint EEOC v. Wellchoice Inc.	Aug. 16, 2005	Aug. 16, 2005 Complaint
12 2:05-cv-03161	Consent Decree	Sept. 4, 2007	Sept. 4, 2007 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	April 1, 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated Aug. 26, 2022, 3:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Empire Healthchoice HMO, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) Additional attachment(s) added on 7/26/2005 (Romano, Daniel). (Entered: 07/07/2005)	June 29, 2005	June 29, 2005
	Summons Issued as to Empire Healthchoice HMO, Inc.. (Romano, Daniel) (Entered: 07/07/2005)	June 29, 2005	June 29, 2005
2	AMENDED COMPLAINT against Empire Healthchoice HMO, Inc., filed by Equal Employment Opportunity Commission.(Graziano, Louis) (Entered: 08/16/2005)	Aug. 16, 2005	Aug. 16, 2005
4	ANSWER to Amended Complaint by Wellchoice, Inc.. (Attachments: # 1 Certificate of Service)(Warner, David) (Entered: 10/17/2005)	Oct. 17, 2005	Oct. 17, 2005
5	CERTIFICATE OF SERVICE by Wellchoice, Inc. (Warner, David) (Entered: 10/18/2005)	Oct. 18, 2005	Oct. 18, 2005
6	ORDER: Scheduling initial conference for 8/17/06. See order and attachments. Ordered by Judge William D. Wall on 7/20/06. (Attachments: # 1 WDW rules# 2 ECF notice) c/e(Disbrow, Sandra) (Entered: 07/20/2006)	July 20, 2006	July 20, 2006
7	NOTICE by Wellchoice, Inc., Empire Healthchoice HMO, Inc. Joint Discovery Plan and Proposed Order (Warner, David) (Entered: 08/15/2006)	Aug. 15, 2006	Aug. 15, 2006
8	Minute Entry & ORDER for proceedings held before William D. Wall : Initial Conference held on 8/17/2006. The joint proposed discovery plan 7 has been adopted and So Ordered with exceptions. Paragraphs 6-10 are deleted, additional deadlines established. Next pretrial conference will be held on 5/10/07. See attached order. Ordered by William D. Wall on 8/17/06. c/g (Disbrow, Sandra) (Entered: 08/17/2006)	Aug. 17, 2006	Aug. 17, 2006
9	Joint MOTION for Extension of Time to Complete Discovery And Subsequent Deadlines by Wellchoice, Inc.. (Attachments: # 1 [PROPOSED] AMENDED SCHEDULING ORDER) (Warner, David) (Entered: 03/02/2007)	March 2, 2007	March 2, 2007
	ELECTRONIC ORDER granting 9 Motion for Extension of Time to Complete Discovery. The proposed Amended Scheduling Order attached to the motion is hereby So Ordered. The pretrial conference scheduled for 5/10/07 is adjourned to 7/10/07 at 10:30 a.m. No further extensions will be granted absent a showing of manifest injustice. Ordered by JudgeWilliam D. Wall on 3/5/07. (Disbrow, Sandra) (Entered: 03/05/2007)	March 5, 2007	March 5, 2007
10	Proposed Scheduling Order (Amended) by Wellchoice, Inc., Equal Employment Opportunity Commission (Attachments: # 1 Text of Proposed Order) (Warner, David) (Entered: 06/26/2007)	June 26, 2007	June 26, 2007
	ELECTRONIC ORDER re 10 Proposed Scheduling Order filed by Equal Employment Opportunity Commission, Wellchoice, Inc. Court-ordered deadlines may not be extended by the parties without leave of the court. To the extent that this filing may be construed as an application to extend those deadlines, it is denied without prejudice to renew for failure to comply with the undersigned's individual rules 1(C) and/or 2(C). Any request for court intervention must be electronically filed as a "Motion." Ordered by Judge William D. Wall on 6/26/07. (Disbrow, Sandra) (Entered: 06/26/2007)	June 26, 2007	June 26, 2007
11	MOTION for Extension of Time to File by Wellchoice, Inc., Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Warner, David) (Entered: 06/26/2007)	June 26, 2007	June 26, 2007
	ELECTRONIC ORDER granting 11 Motion. Any party seeking to make a dispositive motion shall serve its Rule 56.1 statement by 8/30/07. The pretrial conference scheduled for 7/10/07 is adjourned to 9/10/07 at 10:30 a.m. Ordered by JudgeWilliam D. Wall on 6/27/07. (Disbrow, Sandra) (Entered: 06/27/2007)	June 27, 2007	June 27, 2007
	ORDER The conference scheduled for September 10, 2007 must be adjourned to September 17 at 2:30 p.m. Counsel shall confirm the new date with one another upon receipt of this electronic order. Any request to adjourn this conference must be docketed as a letter motion or motion, and must include alternative dates acceptable to all parties. Ordered by Judge William D. Wall on 8/30/07. (Hepworth, F.) (Entered: 08/30/2007)	Aug. 30, 2007	Aug. 30, 2007
12	STIPULATION and Proposed Consent Decree by Wellchoice, Inc., Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Warner, David) (Entered: 08/31/2007)	Aug. 31, 2007	Aug. 31, 2007
13	ORDER granting 12 Proposed Consent Decree. Case Closed. (Signed by Judge Arthur D. Spatt on 9/4/07). (Coleman, Laurie) (Entered: 09/12/2007)	Sept. 4, 2007	Sept. 4, 2007
	ELECTRONIC ORDER: In light of the parties' filing of a proposed consent decree, the pretrial conference before the undersigned scheduled for 9/17/07 is adjourned without date. Ordered by Judge William D. Wall on 9/6/07. (Disbrow, Sandra) (Entered: 09/06/2007)	Sept. 6, 2007	Sept. 6, 2007