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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Fitness First EE-FL-0053
Docket / Court 0:05-cv-61580-CMA ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. ... read more >
The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. She had just received a promotion when she told her boss that she was pregnant, after which she was quickly terminated. The complainant intervened and her complaint was dismissed twice due to failure to state a claim under FRCP 12(b)(6). In addition before the termination of the suit the defendant brought a motion for summary judgment. Even though it seems from the docket that the defendant had a strong case, enough to win two motions to dismiss and file a summary judgment, the parties ended up settling and a consent decree was filed on March 22, 2007.

The consent decree combined injunctive relief and monetary relief. The injunctive relief consisted of: EEO training on Title VII for all managers and future employees; creating a new anti-discrimination policy; posting notice of this case; and distributing the new anti-discrimination policy. The monetary relief awarded was a total of $105,000 to be broken up into three parts. $8,000 was to go to the complainant as back pay, while another $48,638.37 was to go to her for compensatory damages. The remaining $48,361.63 (the consent decree's math was wrong) was to be awarded to the complainant's lawyer.

Alex Bean - 06/22/2007


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
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) PH Fitness, 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 2007 - 2010
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)
0:05-cv-61580-CMA (S.D. Fla.) 03/22/2007
EE-FL-0053-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2005
EE-FL-0053-0001 PDF | Detail
Amended Complaint 12/14/2005
EE-FL-0053-0002 PDF | Detail
Intervener's Complaint 02/02/2006
EE-FL-0053-0003 PDF | Detail
Order on Motion to Dismiss [Count II of Intervenor's Complaint] 03/30/2006 (S.D. Fla.)
EE-FL-0053-0010 PDF | Detail
Intervener's Amended Complaint 04/10/2006
EE-FL-0053-0004 PDF | Detail
Order on Motion to Dismiss Intervener's Amended Complaint and Intervener's Motion to Amend Complaint 05/25/2006 (S.D. Fla.)
EE-FL-0053-0011 PDF | Detail
Second Amended Complaint [Intervenor Plaintiff] 06/05/2006
EE-FL-0053-0005 PDF | Detail
Omnibus Order [Regarding Motions to Compel] 07/17/2006 (S.D. Fla.)
EE-FL-0053-0006 PDF | Detail
Order [Regarding Defendant's Motion to Compel Executed Medical Authorization From Intervening Plaintiff] 08/09/2006 (S.D. Fla.)
EE-FL-0053-0012 PDF | Detail
Order [Regarding Defendants' Motion to Compel Intervening Plaintiff's Better Responses to Interrogatories] 10/17/2006 (S.D. Fla.)
EE-FL-0053-0007 PDF | Detail
Consent Decree 03/22/2007
EE-FL-0053-0008 PDF | Detail
Final Order of Dismissal with Prejudice 03/22/2007 (2007 WL 1159223) (S.D. Fla.)
EE-FL-0053-0009 PDF | WESTLAW | Detail
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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