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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. RT TAMPA FRANCHISE LP (D/B/A RUBY TUESDAY) EE-FL-0102
Docket / Court 2:04-cv-00484-JES-DNF ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2004, the Miami District Office of the EEOC filed this suit against RT Tampa Franchise, L.P., d/b/a Ruby Tuesday, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. ... read more >
In September 2004, the Miami District Office of the EEOC filed this suit against RT Tampa Franchise, L.P., d/b/a Ruby Tuesday, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the charging party, a female employee, was subjected to sexual harassment by her supervisor, consisting of unwelcome touching and offensive sexual comments. In addition, the defendant retaliated against the charging party in response to her complaints of the sexually hostile work environment by disciplining her which resulted in her constructive discharge. The charging party intervened in the suit in November 2004. After some discovery, the parties participated in mediation, and they reached a settlement through a consent decree in August 2005.

The three-year decree contained non-discrimination and non-retaliation clauses, and it required the defendant to pay the charging party $150,000 and provide her with a neutral reference. In addition, the defendant agreed to: distribute its anti-discrimination policy to its employees, provide annual Title VII training for managerial employees, post a Title VII notice, annually report to the EEOC, and expunge the charging party's employment record of all references to the charges of discrimination.

Michele Marxkors - 06/13/2007


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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
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) RT Tampa Franchise, L.P.
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 - 2008
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)
2:04-cv-00484-JES-DNF (M.D. Fla.) 08/16/2005
EE-FL-0102-9000.pdf | Detail
General Documents
Complaint 09/27/2004
EE-FL-0102-0001.pdf | Detail
Intervenor's Complaint 11/29/2004
EE-FL-0102-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Intervenor's Complaint 01/10/2005
EE-FL-0102-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Plaintiff's Motion to Quash or Modify Subpoena and for Protective Order] 04/19/2005 (M.D. Fla.)
EE-FL-0102-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/02/2005
EE-FL-0102-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Stipulation of Dismissal of Outstanding Claims by Plaintiff Intervenor] 08/15/2005 (M.D. Fla.)
EE-FL-0102-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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