University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. UNITED HEALTHCARE OF FLORIDA INC EE-FL-0117
Docket / Court 0:06-cv-61483-KMM ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 28, 2006, the Miami and Boca Raton offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against United Healthcare of Florida, Inc. in the U.S. District Court for the Southern District of Florida. The EEOC alleged that the defendants had violated the ... read more >
On September 28, 2006, the Miami and Boca Raton offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against United Healthcare of Florida, Inc. in the U.S. District Court for the Southern District of Florida. The EEOC alleged that the defendants had violated the rights of the complainant, who worked as an account executive for the defendants, by subjecting him to sexual harassment and discrimination on the basis of his sex, and by retaliating against him when he complained of such harassment.

On November 7, 2006, the complainant filed a motion to intervene, and the court granted that motion on December 18, 2006. The plaintiff-intervenor's complaint alleged that the conduct in question also violated the state's civil rights laws.

On December 8, 2006, the case was referred to mediation, but the parties could not reach a settlement. They notified the court on Jul 18, 2007 that they were at an impasse. On July 19, 2007, the both the plaintiff and the defendants filed motions for summary judgment. The court denied both of those motions on August 31, 2007.

On September 13, 2007, the parties notified the court that they had settled the case, and they entered a consent decree with the court two weeks later. On September 28, 2007, the court approved the consent decree and closed the case. Under the terms of the consent decree, the defendants agreed to pay the complainant $660,000.00 in lost wages and $500,000.00 in unspecified non-wage damages. They also agree to pay his attorneys $640,000.00 in fees. The defendants agreed to expunge the complainant's employment record of any reference to this lawsuit, provide him with a neutral letter of reference (which was attached to the decree as an exhibit), and to consider in good faith the complainant's application to sell the defendants' products. The defendants agreed to develop an anti-discrimination policy, which they would post in their place of business and distribute to all employees, including new hires. The anti-discrimination policy would include a complaint resolution process, under which all employees making a complaint of discrimination would be able to express their concerns to someone other than the person who subjected them to the alleged unlawful behavior. The defendants agreed to have all of their managers and supervisory personnel trained annually by an outside agency on the equal employment opportunity laws and on the company's anti-discrimination policy. The defendants agreed to report to the EEOC regarding the training of supervisory personnel within 10 days of each training session. The defendants were also to have their revised anti-discrimination policy approved by the EEOC before distributing or posting it. The defendants were to furnish the EEOC bi-annual reports regarding their compliance with all terms of the consent decree during the three year life of the decree. For three years following the entry of the consent decree, the defendants were to maintain records of all complaints made by employees regarding employment discrimination, and those records were to be made available to the EEOC upon request. The EEOC was to be allowed to privately interview employees upon request to determine whether complaints were being handled in an appropriate manner.

Kristen Sagar - 05/11/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Implement complaint/dispute resolution process
Monitoring
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) United Healthcare of Florida, 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)
0:06-cv-61483-KMM (S.D. Fla.) 10/05/2007
EE-FL-0117-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-FL-0117-0001.pdf | Detail
Intervenor's Complaint and Demand for Jury Trial 11/07/2006
EE-FL-0117-0002.pdf | Detail
Order 07/20/2007 (S.D. Fla.)
EE-FL-0117-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendant's Motion for Summary Judgment [] 08/31/2007 (S.D. Fla.)
EE-FL-0117-0004.pdf | Detail
Consent Decree 10/05/2007
EE-FL-0117-0005.pdf | Detail
Judges Garber, Barry L. (S.D. Fla.) [Magistrate]
EE-FL-0117-0003
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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