University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. PACINO'S, INC. EE-FL-0093
Docket / Court 6:97-cv-01193-PCF ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 1997, the EEOC district office in Miami, Florida brought this suit against Pacino's, Inc. in the U.S. District Court for the Middle District of Florida. Although the complaint is not available, the consent decree states that two females, one a former employee, alleged that the ... read more >
In September 1997, the EEOC district office in Miami, Florida brought this suit against Pacino's, Inc. in the U.S. District Court for the Middle District of Florida. Although the complaint is not available, the consent decree states that two females, one a former employee, alleged that the defendant unlawfully discriminated against the women because of their sex in violation of Title VII of the Civil Rights Act of 1991. Specifically, the women alleged that one was sexually harassed and was retaliated against in unspecified ways. Further, the other female complainant alleged that she was terminated because she complained about the sexual harassment suffered by her fellow complainant. After a failed mediation attempt, the parties proceeded to trial where the defense made several motions for mistrials and judgment as a matter of law. However, before a judgment was entered, and two weeks after the initial consent decree was ordered in December 1999, an amended consent decree was ordered in that same year.

In the consent decree, the parties agreed that the defendant would pay the women $75,000, refrain from retaliating and discriminating on the basis of sex, distribute a copy of its anti-discrimination/EEO policy to its employees, provide two hours of EEO training semiannually, post an EEO notice, retain all complaint records, and submit semiannual complaint and compliance reports. No fees or costs were awarded. The terms of the agreement ran for three years.

Joel Pettit - 07/09/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
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
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Pacino's, 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 1999 - 2002
Case Closing Year 1999
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)
6:97-cv-01193-PCF (M.D. Fla.) 11/05/2003
EE-FL-0093-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Consent Decree 12/21/1999
EE-FL-0093-0001 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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