Filed Date: Aug. 31, 2004
Closed Date: Jan. 31, 2009
Clearinghouse coding complete
The EEOC's Oklahoma City office filed suit on August 31, 2004 against Westphalen Insurance, Inc. on behalf of numerous Westphalen employees, who later intervened on October 12, 2004. The complaint cited that Westphalen violated Title VII by subjecting the employees to discrimination based on their sex (female) and created a hostile work environment, leading to constructive discharge and actual discharge for some employees based on retaliation. The defendant filed an unsuccessful motion for summary judgment and had its motion to dismiss partially granted.
The case was settled on January 31, 2006 after the parties attended Alternative Dispute Resolution and the court entered a consent decree shortly thereafter in February. In the three-year consent decree, Westphalen agreed to the standard form of EEOC settlement agreements (training, anti-discrimination orders, notification to the EEOC of any further discrimination complaints, etc.). Furthermore, Westphalen agreed to pay all of the costs incurred by the charging parties as well as attorneys' fees, and damages of $65,000 to be divided among the charging parties. As there is no further significant activity on the docket sheet, presumably this case closed in 2009.
Summary Authors
Aaron Weismann (5/30/2007)
Rachel Barr (4/8/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4637627/parties/equal-employment-opportunity-commission-v-westphalen-insurance-services/
Miles-LaGrange, Vicki (Oklahoma)
Roberts, Bana (Oklahoma)
Anderson, Suzanne M. (Texas)
Robertson, Michelle M. (Oklahoma)
Kane, Susan F. (Oklahoma)
See docket on RECAP: https://www.courtlistener.com/docket/4637627/equal-employment-opportunity-commission-v-westphalen-insurance-services/
Last updated Aug. 19, 2025, 3:50 a.m.
State / Territory: Oklahoma
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Aug. 31, 2004
Closing Date: Jan. 31, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Gary Westphalen (Oklahoma City), Private Entity/Person
Westphalen Insurance Services, Inc. (Oklahoma City), Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Expungement of Employment Record
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Amount Defendant Pays: $65,000
Order Duration: 2006 - 2009
Issues
General/Misc.:
Discrimination Area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Sex/Gender(s):
EEOC-centric: