University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. THE CLUB AT FIRESTONE EE-FL-0113
Docket / Court 6:03 CV 383ORL 28DAB ( M.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
EEOC's Miami, FL office filed this Title VII racial discrimination lawsuit against the defendants C-Sonya, Inc. and Concept 2000 Professional Employers, Inc. The lawsuit was filed at the United States District Court for the Middle District of Florida (Orlando) on 03/28/2003. Defendant C-Sonya, ... read more >
EEOC's Miami, FL office filed this Title VII racial discrimination lawsuit against the defendants C-Sonya, Inc. and Concept 2000 Professional Employers, Inc. The lawsuit was filed at the United States District Court for the Middle District of Florida (Orlando) on 03/28/2003. Defendant C-Sonya, Inc. operated a nightclub in Orlando, FL. The other defendant Concept 2000 Professional Employers, Inc. was an employee leasing service that provided administrative services to the club.

EEOC alleged on behalf of two former Black bartenders at the club that they were discharged because the owner wanted to change the image of the club and their race did not fit in with the new image. The club retained six other white bartenders and hired five additional white bartenders later. The individual complainants did not intervene in the EEOC lawsuit or file a separate lawsuit.

The case was referred to mediation on 08/27/2003. EEOC filed a motion for protective order on 04/26/2004 after the employee leasing service requested deposition of the EEOC counsel so as to find out why it was charged as a defendant as well. Magistrate Judge David A. Baker denied EEOC's motion but stressed that the EEOC counsel would be subject to attorney privileges during the deposition. One month later on 05/27/2004, EEOC and the club filed a notice of pending settlement. A consent decree was entered into judgment on 08/25/2004. For the employee leasing service, the parties moved for voluntary dismissal on the same day that the consent decree had been proposed. The district judge granted the dismissal on 08/25/2004.

Under the three-year consent decree, the club agreed to pay $40,000 to each complainant. It was enjoined from racial discrimination and was required to report annually on the race discrimination complaints received and actions taken in response.

Justin Kanter - 08/11/2007


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Issues and Causes of Action
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Issues
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
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) C-Sonya, Inc.
C-Sonya, Inc.
Concept 2000 Professional Employers, 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 2004 - 2007
Case Closing Year 2004
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)
6:03-cv-00383-JA (M.D. Fla.) 08/25/2004
EE-FL-0113-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/28/2003
EE-FL-0113-0002.pdf | Detail
Order 04/28/2004 (M.D. Fla.)
EE-FL-0113-0003.pdf | Detail
Consent Decree 07/15/2004
EE-FL-0113-0004.pdf | Detail
EEOC Litigation Settlements - August 2004 11/19/2004
EE-FL-0113-0001.pdf | Detail
Judges Baker, David A. (M.D. Fla.) [Magistrate]
EE-FL-0113-0003
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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