University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Dorman v. Winn-Dixie Stores, Inc. EE-FL-0157
Docket / Court 99-722-CIV-J-21B ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On June 27, 1996, former and current female and African American supermarket employees filed a class action against Winn-Dixie Montgomery, Inc. pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. and 42 U.S.C. § 1981 ("§ 1981 "). This action, Kircus v. ... read more >
On June 27, 1996, former and current female and African American supermarket employees filed a class action against Winn-Dixie Montgomery, Inc. pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. and 42 U.S.C. § 1981 ("§ 1981 "). This action, Kircus v. Winn-Dixie Montgomery, Inc., ("WDM") was brought in the U.S. District Court for the Northern District of Alabama. On October 16, 1996, additional employees moved to intervene. Their motion was denied, but contemporaneously, the District Court ordered it to be filed as a separate action and consolidated with the Kircus action. The consolidated actions alleged that WDM had engaged in a policy, pattern or practice of discrimination on the basis of gender and/or race against the Plaintiffs in initial and subsequent job assignments and store assignments, hours, training, education, skills and career development, performance appraisals, promotions, transfers, full-time status, compensation, discharge, discipline and other benefits and conditions of employment. The consolidated actions further alleged that WDM had engaged in a pattern or practice of harassing and retaliating against female and African-American associates who protested against such alleged conduct.

Following a period of mediation and negotiation, a new complaint was filed in this action in the U.S. District Court for the Middle District of Florida, Jacksonville Division, on July 16, 1999 against Winn-Dixie Stores, Inc. ("WDS") which is located in Jacksonville, Florida and thus subject to that court's jurisdiction; all of the Winn-Dixie retail operating companies also consented to such jurisdiction solely for purposes of the resolution of this action. The complaint filed with the Middle District Court is not available.

In October 1997, Plaintiffs and WDM began Court-ordered mediation These efforts ultimately resulted in an agreement to expand and to settle this action in the District Court for the Middle District of Florida, Jacksonville Division.

On January 27, 2000, the Court (Judge Ralph W. Nimmons, Jr.) approved a Consent Decree which provided monetary, equitable, and/or declaratory relief to certain qualifying Class Representatives, as well as general injunctive relief.

On February 23, 2007, the Court (Judge Virginia M. Hernandez) issued an Order granting a joint motion to extend the Consent Decree. On June 27, 2007, Judge Hernandez approved an Amended Consent Decree to extend the terms of that initial settlement.

Robert Routh - 07/20/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
Race discrimination
Sex discrimination
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Winn-Dixie Stores, Inc.
Plaintiff Description Class of former and current employees of Winn-Dixie Stores, Inc., who are female and/or African-American.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:99−cv−00722 (M.D. Fla.) 07/24/2007
EE-FL-0157-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Proposed/Initial Consent Decree 07/16/1999
EE-FL-0157-0001.pdf | External Link | Detail
Order denying Motion to Intervene 09/01/1999 (M.D. Fla.)
EE-FL-0157-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order denying Amended Motion to Intervene 11/18/1999 (M.D. Fla.)
EE-FL-0157-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Consent Decree 01/27/2000
EE-FL-0157-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Consent Decree 06/27/2007
EE-FL-0157-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Covington, Virginia Maria Hernandez (M.D. Fla.)
EE-FL-0157-0002 | EE-FL-0157-9000
Nimmons, Ralph Wilson Jr. (M.D. Fla.)
EE-FL-0157-0003 | EE-FL-0157-0004 | EE-FL-0157-0005
Richardson, Monte C. (M.D. Fla.) [Magistrate]
EE-FL-0157-9000
Steele, John E. (M.D. Fla.) [Magistrate]
EE-FL-0157-0004 | EE-FL-0157-0004
Monitors/Masters None on record
Plaintiff's Lawyers Ashe, R. Lawrence Jr. (Georgia)
EE-FL-0157-9000 | EE-FL-0157-9000 | EE-FL-0157-9000
Childs, Robert F. Jr. (Alabama)
EE-FL-0157-0001 | EE-FL-0157-0002 | EE-FL-0157-9000 | EE-FL-0157-9000 | EE-FL-0157-9000
Ingham, Linda Cobb (Florida)
EE-FL-0157-0001 | EE-FL-0157-9000
Kuykendall, Frederick T III (Alabama)
EE-FL-0157-0001 | EE-FL-0157-9000
McGowan, Candis A (Alabama)
EE-FL-0157-0001 | EE-FL-0157-9000
Robertson, Ann C (Alabama)
EE-FL-0157-0001 | EE-FL-0157-9000
Vince, Katherine D (Florida)
EE-FL-0157-9000
Whatley, Joe R. Jr. (New York)
EE-FL-0157-0001 | EE-FL-0157-9000
Wiggins, Robert L Jr. (Alabama)
EE-FL-0157-0001
Defendant's Lawyers Abbot, Richard Taylor Jr. (Alabama)
EE-FL-0157-0001 | EE-FL-0157-9000
DeVault, John Andrew III (Florida)
EE-FL-0157-0001 | EE-FL-0157-9000
Gardner, William F. (Alabama)
EE-FL-0157-0001 | EE-FL-0157-9000
Rafuse, Nancy E. (Georgia)
EE-FL-0157-0001 | EE-FL-0157-9000
Other Lawyers Pegg, Barbara Slott (Florida)
EE-FL-0157-9000
Winicki, Robert J (Florida)
EE-FL-0157-9000

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