University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. APPLEGATE USA INC (d/b/a UNITED SHEET METAL) EE-FL-0118
Docket / Court 1:06-cv-21668-AJ ( 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
On June 30, 2006, the Miami and Tampa offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Applegate USA, Inc. (doing business as United Sheet Metal) in the U.S. District Court for the Southern District of Florida. The EEOC alleged that the defendants had ... read more >
On June 30, 2006, the Miami and Tampa offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Applegate USA, Inc. (doing business as United Sheet Metal) 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 for them as an administrative assistant, by terminating her when she informed them of her need to take maternity leave.

On November 7, 2006, the case was referred to mediation. On June 27, 2007, the parties notified the court that they had reached a settlement, and the EEOC filed a motion for dismissal. On July 3, 2007, the court dismissed the case, and two days later, the parties filed their consent decree with the court.

Under the terms of the decree, the defendants agreed to pay the complainant $90,000 in compensatory damages and $10,000 in backpay within 30 days of the entry of the consent decree. The defendants agreed to post and distribute to all employees notice of their employment rights under Title VII, and they agreed to provide annual training for three years for all of their employees regarding the employment laws and regarding their anti-discrimination policy. The defendants also agreed to provide specific training to all managers concerning the strict prohibition of retaliating against any employee who files a complaint alleging a violation of their civil rights. All materials used at these sessions were to be provided to the EEOC within 10 days, and the EEOC was to be 14 days before any session of the time and location of the training. The defendants agreed to file bi-annual written reports with the EEOC certifying their compliance with the terms of the decree, including a full report of all complaints that were made of harassment or retaliation during the reporting period and how the defendants handled those complaints.

Justin Kanter - 05/03/2008


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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
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Applegate USA, 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)
1:06-cv-21668-AJ (S.D. Fla.) 07/10/2007
EE-FL-0118-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/2006
EE-FL-0118-0001.pdf | Detail
Final Order of Dismissal with Prejudice and Closing Case 07/03/2007 (S.D. Fla.)
EE-FL-0118-0002.pdf | Detail
Consent Decree 07/09/2007
EE-FL-0118-0003.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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