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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. South Beach Beverage Company and PEPSICO, INC. EE-NY-0162
Docket / Court 02-10136 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The New York District Office of the EEOC brought this suit against South Beach Beverage Company, Inc. and Pepsico, Inc. in the U.S. District Court for the Southern District of New York in December 2002. South Beach Beverage Company is a seller of herbal and nutrient-enhanced drinks, and Pepsico is ... read more >
The New York District Office of the EEOC brought this suit against South Beach Beverage Company, Inc. and Pepsico, Inc. in the U.S. District Court for the Southern District of New York in December 2002. South Beach Beverage Company is a seller of herbal and nutrient-enhanced drinks, and Pepsico is a beverage manufacturer that acquired a majority ownership interest in South Beach. According to an EEOC press release, the complaint alleged that the defendants' employees sexually harassed female employees in violation of Title VII of the Civil Rights Act of 1964. Five complainants intervened in January 2003.

The case settled by entry of a consent decree in February 2003. The defendants were required to pay a total of $1.79 million, including $958,900 for the five complainants, $281,100 in attorneys' fees, and $550,000 for a settlement fund. The companies also agreed to revise their antiharassment policies, distribute these policies, post notice of the consent decree, and conduct sexual harassment training. Additionally the defendant will provide the names and last known addresses of all female employees, employed between January 1, 1997 and the date of this decree, in order to identify all potential claimants. This decree is in effect for 2 years.

Keri Livingston - 07/30/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Pay / Benefits
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 Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) PepsiCo, Inc.
South Beach Beverage Company, 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 2003 - 2005
Case Closing Year 2003
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)
1:02-cv-10136-HB (S.D.N.Y.) 12/03/2004
EE-NY-0162-9000.pdf | Detail
General Documents
EEOC Press Release 12/23/2002
EE-NY-0162-0001.pdf | Detail
EEOC Settlement Report 02/01/2003
EE-NY-0162-0002.pdf | Detail
Consent Decree and Judgment 02/14/2003
EE-NY-0162-0004.pdf | Detail
Document Source: District Court
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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