University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Executive Record Services, Inc. EE-FL-0047
Docket / Court 6:04-Cv-1223-Orl-22k ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In August 2004, the EEOC district office in Miami, Florida brought this suit against Executive Record Services, Inc., a record retention firm, in the U.S. District Court for the Middle District of Florida. The complaint states that a female employee was routinely sexually harassed. When she ... read more >
In August 2004, the EEOC district office in Miami, Florida brought this suit against Executive Record Services, Inc., a record retention firm, in the U.S. District Court for the Middle District of Florida. The complaint states that a female employee was routinely sexually harassed. When she complained of the harassment she was terminated in violation of Title VII of the Civil Rights Act of 1964. Soon after the initial answer, the parties attended mediation. A consent decree was entered in April 2005.

The consent decree states that the defendant was required to establish a nondiscrimination policy, refrain from discriminating or retaliating on the basis of sex, post EEO notices in its Orlando facility, provide EEO training to all of its staff, establish a complaint system, appoint an EEO Consultant, pay the aggrieved employee $50,000 in satisfaction of all claims relating to this litigation, and make semiannual reports certifying its compliance with the terms and conditions of the decree.

Jason Chester - 06/12/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
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
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 Anti-Discrimination Law
Defendant(s) Executive Record Services, 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 - 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)
6:04-cv-01223-ACC-KRS (M.D. Fla.) 04/19/2005
EE-FL-0047-9000 PDF | Detail
General Documents
Complaint 08/12/2004
EE-FL-0047-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Intervenor Complaint 09/30/2004
EE-FL-0047-0002 PDF | Detail
Amended Intervenor Complaint 10/13/2004
EE-FL-0047-0003 PDF | Detail
Order to Show Cause 03/01/2005 (M.D. Fla.)
EE-FL-0047-0005 PDF | Detail
Consent Decree 04/19/2005
EE-FL-0047-0004 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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