University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. 24 HOUR FITNESS USA, INC. EE-TX-0001
Docket / Court 3-04CV-2096L ( N.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the EEOC district office in Dallas, Texas brought this suit against 24 Hour Fitness USA, Inc., a national health club chain, in the U.S. District Court for the Northern District of Texas. The complaint alleges that a female employee was unlawfully discriminated against because ... read more >
In September 2004, the EEOC district office in Dallas, Texas brought this suit against 24 Hour Fitness USA, Inc., a national health club chain, in the U.S. District Court for the Northern District of Texas. The complaint alleges that a female employee was unlawfully discriminated against because of her sex, retaliated against, and constructively discharged, all in violation of Title VII of the Civil Rights Act of 1964. Specifically, the employee stated that when she was promoted a managerial position she was subjected to different terms and conditions of employment. After she complained about the differences, she was demoted.

The parties attended ADR and came to terms; a consent decree was entered in November 2005. The defendant agreed to pay the employee $32,500. The parties agreed that the defendant would not conduct its business or implement any policy or practice as to discriminate because of sex or retaliate against employees who allege such discrimination. The defendant, per the agreement, agreed to post notices in its Dallas and Fort Worth facilities explaining where to report violations of Title VII and 24 Hour Fitness' sex-discrimination policy. Further, one hour training is to be provided for the employees, supervisors and managers of the defendant to explain the consequences of violating Title VII. The managers and supervisors of defendant, per the agreement, must monitor and internally report incidents of sex discrimination promptly. Lastly, the defendant agreed to provide the employee with a neutral reference letter and expunge all personnel records of any reference of this litigation. The term of the agreement was one year.

Jason Chester - 06/02/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) 24 Hour Fitness USA, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2006
Case Closing Year 2005
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)
3:04-cv-02096 (N.D. Tex.) 11/22/2005
EE-TX-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2004
EE-TX-0001-0004.pdf | Detail
Order [Motion for Expedited Review] 06/27/2005 (N.D. Tex.)
EE-TX-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Protective Order 08/18/2005 (N.D. Tex.)
EE-TX-0001-0002.pdf | Detail
Consent Decree 11/22/2005
EE-TX-0001-0003.pdf | Detail
Judges Stickney, Paul D. (N.D. Tex.) [Magistrate]
EE-TX-0001-0001 | EE-TX-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Mallon, Keri L. (Texas)
EE-TX-0001-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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