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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. LINCARE INC EE-FL-0074
Docket / Court 2:01-cv-14291-DLG ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2001, the EEOC district office in Miami, Florida brought this suit against Lincare, Inc. in the U.S. District Court for the Southern District of Florida. The complaint states that a black male alleged a race based termination in violation of Title VII of the Civil Rights Act of 1964. ... read more >
In September 2001, the EEOC district office in Miami, Florida brought this suit against Lincare, Inc. in the U.S. District Court for the Southern District of Florida. The complaint states that a black male alleged a race based termination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint states that one of defendant's managers openly used racial slurs and stated that she refused to work with black people. After reaching an impasse at mediation, the parties eventually settled and a consent decree was entered in November 2002.

In the consent decree, the parties agreed that the defendant would pay the aggrieved male $118,000, refrain from retaliating and discriminating on the basis of race, post and distribute an EEO notice, provide its supervisors with 4 hours of EEO training annually, keep all records of complaints, and make semiannual report of all race discrimination complaints to the EEOC. No costs or fees were awarded. The terms of the agreement ran for three years.

Joel Pettit - 06/16/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Lincare, 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 2002 - 2005
Case Closing Year 2002
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)
2:01-cv-14291-DLG (S.D. Fla.) 11/07/2002
EE-FL-0074-9000 PDF | Detail
General Documents
Complaint 09/28/2001
EE-FL-0074-0001 PDF | Detail
Order [Regarding Defendant's Motion for Summary Judgment] 07/12/2002 (S.D. Fla.)
EE-FL-0074-0002 PDF | Detail
Consent Decree 11/07/2002
EE-FL-0074-0003 PDF | 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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