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

Clearinghouse coding complete

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 …

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.

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

Resources

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

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 29, 2005

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Empire Healthchoice HMO, Inc. (Bohemia and Jericho, NY), Private Entity/Person

Wellchoice, Inc. (Bohemia and Jericho, NY), Private Entity/Person

Empire Healthchoice HMO, Inc. (Bohemia and Jericho, NY), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 9000

Order Duration: 2007 - 2010

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits