University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Taco Bell EE-FL-0115
Docket / Court 8:06-cv-01792-JSM-MAP ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 29, 2006, the Tampa office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Taco Bell of America in the U.S. District Court for the Middle District of Florida. The EEOC alleged that the defendants had violated the rights of the complainant, who ... read more >
On September 29, 2006, the Tampa office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Taco Bell of America in the U.S. District Court for the Middle District of Florida. The EEOC alleged that the defendants had violated the rights of the complainant, who worked in one of their restaurants, by allowing him to be sexually harassed by his supervisor.

On October 25, 2006, the complainant filed a motion to intervene in the case. That motion was ultimately granted by the court, and the complainant filed an intervenor complaint alleging that the defendants had violated the Florida Civil Rights Act and the Florida Whistleblower Act.

On June 13, 2007, the case settled at mediation, and the parties filed a consent decree with the court. On August 9, 2007, the court approved the consent decree and closed the case. Under the terms of the consent decree, the defendant agreed to pay the complainant $76,050.00 in uncategorized damages. Both sides agreed to pay their own attorney's fees. The defendants agreed to post and distribute to all employees a notice of their right to work in a place free from harassment or retaliation. The defendant agreed to discipline the supervisor who perpetrated the harassment, including putting a letter of reprimand in her personnel file. The defendants agreed to conduct annual training (via video) of all managers and supervisors in the Lakeland Area, with specific emphasis on recognizing harassment, acts that could constitute retaliation, and the proper procedure to follow if they encounter harassment in the workplace or if they receive complaints of discrimination. The defendants agreed to provide the EEOC with two weeks notice of all management training sessions, to forward them copies of all materials to be used, and to allow the EEOC to attend all training sessions. The defendants agreed to make reports every 180 days to the EEOC, certifying that they were in compliance with all terms of the decree. The reports were to include the contact information for all individuals who had complained of harassment or retaliation within the reporting period, as well as a full report of all actions taken by the defendants to handle those complaints. The defendants agreed to retain all records of complaints and investigations regarding complaints of harassment or retaliation.

Justin Kanter - 05/03/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
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
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 law
State Anti-Discrimination Law
Defendant(s) Taco Bell Corporation
Taco Bell of America, 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)
0:97-cv-06531-WPD (M.D. Fla.) 08/09/2007
EE-FL-0115-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2006
EE-FL-0115-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 10/24/2006
EE-FL-0115-0002.pdf | Detail
Second Amended Complaint of Intervention and Demand for Jury Trial 11/28/2006
EE-FL-0115-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/23/2007 (2007 WL 192351 / 2007 U.S.Dist.LEXIS 4671) (M.D. Fla.)
EE-FL-0115-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order 03/15/2007 (2007 WL 809660 / 2007 U.S.Dist.LEXIS 18292) (M.D. Fla.)
EE-FL-0115-0006.pdf | WESTLAW| LEXIS | Detail
Order of Dismissal 06/14/2007 (M.D. Fla.)
EE-FL-0115-0004.pdf | Detail
Consent Decree 08/09/2007
EE-FL-0115-0005.pdf | Detail
Judges Moody, James S. Jr. (M.D. Fla.)
EE-FL-0115-0007
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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