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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. DTG OPERATIONS d/b/a "Dollar Rent-A-Car" EE-FL-0040
Docket / Court 0:04-cv-60856-KAM ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On June 30, 2004, the Equal Employment Opportunity Commission (EEOC) filed this sex discrimination and retaliation suit in the Fort Lauderdale U.S. District Court for the Southern District of Florida against DTG Operations, Inc., (doing business as Dollar Rent A Car) on behalf of a female employee. ... read more >
On June 30, 2004, the Equal Employment Opportunity Commission (EEOC) filed this sex discrimination and retaliation suit in the Fort Lauderdale U.S. District Court for the Southern District of Florida against DTG Operations, Inc., (doing business as Dollar Rent A Car) on behalf of a female employee. The EEOC alleged that DTG had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by subjecting the employee to a hostile work environment and firing her in retaliation for opposing the harassment. According to the EEOC, the employee's direct supervisor subjected her to frequent physical and verbal sexual harassment. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy reform, back pay, reinstatement, compensation for emotional harm, and punitive damages.

The Court (Judge Cecilia M. Altonaga) allowed the employee to intervene in the case on October 14, 2004. The employee amended her complaint on April 21, 2005, seeking substantially the same relief as the EEOC but suing for violation of Title VII and the Florida Civil Rights Act of 1992 (Fla. Stat. 760 et seq.), for negligent hiring, retention, and supervision, and for intentional infliction of emotional distress.

The parties reached a settlement, which the Court (Judge Kenneth A. Marra) entered as a consent decree on October 7, 2005. The 3-year decree provided the employee with $395,000 ($15,000 in lost wages, $220,805.58 in compensatory and punitive damages, and $159,194.42 in attorneys' fees and costs) and subjected DTG to a variety of injunctive provisions. Under the terms of the decree, DTG agreed not to engage in sexual harassment and not to retaliate against employees who file charges or otherwise cooperate with the EEOC. DTG was required to distribute its anti-harassment policy to all employees, to provide 4 hours of sex discrimination training annually to all managers and supervisory personnel at the facility in which the employee worked, to post an equal employment notice, to report sexual harassment claims and their resolution to the EEOC every six months, to expunge the employee's personnel file, and to provide a letter of reference. No further court activity appears on the docket, and the case is now closed.

Kenneth Gray - 07/29/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
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 State law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) DTG Operations, Inc., d/b/a Dollar Rent A Car
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a female employee
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2008
Case Closing Year 2005
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)
0:04-cv-60856-KAM (S.D. Fla.) 10/07/2005
EE-FL-0040-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/30/2004
EE-FL-0040-0001.pdf | Detail
Intervenors Amended Complaint [] 04/26/2005
EE-FL-0040-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report 10/01/2005
EE-FL-0040-0004.pdf | Detail
Consent Decree 10/11/2005
EE-FL-0040-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Marra, Kenneth A. (S.D. Fla.)
EE-FL-0040-0003 | EE-FL-0040-9000
Seltzer, Barry S. (S.D. Fla.) [Magistrate]
EE-FL-0040-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brown, Jennifer N (Florida)
EE-FL-0040-0001 | EE-FL-0040-9000
Cooper, Cheryl A (Florida)
EE-FL-0040-9000
Franklin-Thomas, Delner (Florida)
EE-FL-0040-0003
Rousso, Darren Jeffery (Florida)
EE-FL-0040-0002 | EE-FL-0040-0003 | EE-FL-0040-9000
Defendant's Lawyers Land, Jolee (Florida)
EE-FL-0040-9000
McClelland, Dennis Michael (Florida)
EE-FL-0040-9000
Phillips, John Edmund Jr. (Florida)
EE-FL-0040-0003 | EE-FL-0040-9000
Other Lawyers None on record

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