University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. AIRGUIDE CORPORATION EE-FL-0002
Docket / Court 1:02-cv-22912-JAL ( 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 September 30, 2002, the Miami District Office of the Equal Employment Opportunity Commission filed this lawsuit in the Southern District of Florida under Title VII of the Civil Rights Act of 1964, against Airguide Corporation and Pioneer Metals. Airguide manufactured air conditioning units, and ... read more >
On September 30, 2002, the Miami District Office of the Equal Employment Opportunity Commission filed this lawsuit in the Southern District of Florida under Title VII of the Civil Rights Act of 1964, against Airguide Corporation and Pioneer Metals. Airguide manufactured air conditioning units, and Pioneer Metals was Airguide's parent company. The EEOC, who brought suit on behalf of eight current and former male and female employees and other similarly situated individuals who were employed by Airguide, asked the court for injunctive relief and monetary damages, alleging that Defendants engaged in pervasive sexual harassment and retaliation. Specifically, the EEOC claimed that female Airguide employees were sexually harassed by their supervisor, which created a hostile work environment. The EEOC further alleged that Airguide retaliated against male and female employees by discipline, demotion, and termination for complaining to management about the discriminatory practices, participating in the EEOC's investigation, or filing a charge of discrimination with the EEOC.

On February 6, 2003, eight current and former employees who were among those named in the EEOC complaint intervened in the lawsuit. On July 17, 2003, this case was consolidated with an action made by a male Airguide employee who was terminated in retaliation for complaining of discriminatory practices and participating in the EEOC investigation.

An early referral to ADR did not bear fruit, but eventually the parties settled, and a consent decree was entered in June of 2004. The defendants agreed to pay a total of $1 million, of which $650,000 went directly to the complainants and $350,000 went for attorney's fees. As set forth in the Consent Decree, Airguide and Pioneer Metals were enjoined from engaging in conduct that violates Title VII and retaliating against any employees who participated in the lawsuit. Pioneer Metals was further required to establish a written policy prohibiting sexual harassment and retaliation, to disseminate that policy among all its employees, and to implement an anti-discrimination training program.

Jennifer Gitter - 03/20/2013


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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
Expungement of Employment Record
Monitoring
Provide antidiscrimination training
Retaliation Prohibition
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
Defendant(s) Airguide Corporation
Pioneer Metals
Plaintiff Description The Equal Employment Opportunity Commission and male and female employees of an air conditioning unit manufacturer who complained of sexual harassment and retaliation.
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)
1:02-cv-22912-JAL (S.D. Fla.) 06/14/2004
EE-FL-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/30/2002
EE-FL-0002-0001.pdf | Detail
Intervenor Complaint 02/06/2003
EE-FL-0002-0002.pdf | Detail
Order Clarifying Scope of Consolidation 06/17/2003 (S.D. Fla.)
EE-FL-0002-0003.pdf | Detail
Order on Defendant's Motion to Compel More Complete Initial Disclosures 09/04/2003 (S.D. Fla.)
EE-FL-0002-0004.pdf | Detail
Order of Dismissal with Prejudice of Claims by Plaintiff Intervenor Alexis Silva 12/22/2003 (S.D. Fla.)
EE-FL-0002-0005.pdf | Detail
Order Granting, By Default, Defendant Airguide's Motion to Compel Execution of Authorizations 12/23/2003 (S.D. Fla.)
EE-FL-0002-0006.pdf | Detail
Order Granting Motion for Protective Order and to Quash Subpoena [Regarding Amarillys E. Garcia-Perez, Esq] 01/26/2004 (S.D. Fla.)
EE-FL-0002-0007.pdf | Detail
Order Granting Non-Party Doug Marty's Unopposed Motion for Protective Order and to Quash Subpoena 04/07/2004 (S.D. Fla.)
EE-FL-0002-0008.pdf | Detail
Order Granting Motion for Protective Order and to Quash Subpoena [Regarding Plaintiffs Hilario Pineda and Juan Carlos Sanchez] 04/07/2004 (S.D. Fla.)
EE-FL-0002-0009.pdf | Detail
Order of Dismissal with Prejudice 05/12/2004 (S.D. Fla.)
EE-FL-0002-0015.pdf | Detail
Consent Decree 06/14/2004
EE-FL-0002-0010.pdf | Detail
Order of Dismissal as to Defendant Goodman Global Holdings Inc 06/14/2004 (S.D. Fla.)
EE-FL-0002-0011.pdf | Detail
Amended Order of Dismissal 06/15/2004 (S.D. Fla.)
EE-FL-0002-0016.pdf | Detail
EEOC Press Release: "Airguide Corporation and Pioneer Metals, Inc. to Pay $1 Million for Sexual Harassment, Retaliation" 06/17/2004
EE-FL-0002-0012.pdf | Detail
EEOC Litigation Settlement Report (June 2004) 06/30/2004
EE-FL-0002-0013.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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