University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Gargiulo, Inc. EE-FL-0057
Docket / Court 2:05-cv-00460-JES-SPC ( 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
The Tampa and Miami Offices of the EEOC filed this action in the District Court for the Middle District of Florida. The Defendant was Gargiulo, Inc., a produce supplier. The controversy involved the alleged sexual harassment of eight different complainants, five of which intervened in the suit. ... read more >
The Tampa and Miami Offices of the EEOC filed this action in the District Court for the Middle District of Florida. The Defendant was Gargiulo, Inc., a produce supplier. The controversy involved the alleged sexual harassment of eight different complainants, five of which intervened in the suit. The company was also accused of retaliation after the complainants rejected sexual requests and complained to superiors. The lawsuit was filed in September of 2005 and was eventually resolved by consent decree in January of 2007. The litigation drew interest in the legal community as the Southern Poverty Law Center, the ACLU, and Florida Legal Services participated in addition to the usual pairing of the EEOC and private counsel. The Defendants were partially successful on a motion to dismiss. The case settled soon after the parties entered into voluntary mediation. The complainants were awarded a total of $180,000, and the Southern Poverty Law Center received $35,000 in attorney fees. In addition, the company was required to post and distribute a Notice of rights, develop an anti-discrimination policy, provide EEO training, and provide a Creole and Spanish language interpreter for employee complainants. The decree was to last for three years.

Tony Verticchio - 06/30/2007


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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
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Hiring
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) Gargiulo, 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)
2:05-cv-00460-JES-SPC (M.D. Fla.) 01/23/2007
EE-FL-0057-9000 PDF | Detail
General Documents
Complaint 09/29/2005
EE-FL-0057-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Related Case Order and Two Track Notice 10/04/2005 (M.D. Fla.)
EE-FL-0057-0010 PDF | Detail
Complaint in Intervention 01/11/2006
EE-FL-0057-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint in Intervention 01/23/2006
EE-FL-0057-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order terminating Defendant's Motion to Dismiss 01/24/2006 (M.D. Fla.)
EE-FL-0057-0009 PDF | Detail
Opinion and Order 03/22/2006 (2006 WL 752825) (M.D. Fla.)
EE-FL-0057-0004 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 04/24/2006
EE-FL-0057-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [RE: Plaintiffs Joint Motion to Quash] 10/17/2006 (M.D. Fla.)
EE-FL-0057-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/22/2007
EE-FL-0057-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 01/23/2007 (M.D. Fla.)
EE-FL-0057-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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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