University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Motherhood EE-FL-0086
Docket / Court 3:05-Cv-990-J-32tem ( M.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In September 2005, the Miami District Office of the EEOC brought this lawsuit against Mothers Work, Inc., doing business as Motherhood, in the U.S. District Court for the Middle District of Florida alleging sexual and pregnancy discrimination and retaliation in violation of Title VII of the Civil ... read more >
In September 2005, the Miami District Office of the EEOC brought this lawsuit against Mothers Work, Inc., doing business as Motherhood, in the U.S. District Court for the Middle District of Florida alleging sexual and pregnancy discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges the defendant discriminated against the complainants, female employees and job seekers, on the basis of pregnancy by failing to hire employees believed to be pregnant and retaliating against one complainant for her opposition of this practice and stating a suspicion that the complainant was herself pregnant. The complainant intervened in the lawsuit in February 2006. Following a few hearings and mediation, the parties settled the lawsuit in January 2007 through a consent decree.

The three-year decree, containing an agreement not to discriminate or retaliate, required the defendant to: report on complaints and make other compliance reporting, keep records of complaints, provide EEOC access to records and employees for monitoring, expungement of certain complainants' records, expungement of employee records and provision of an agreed-upon letter of recommendation, develop an anti-discrimination policy regarding pregnancy discrimination and retaliation, post and distribute notice of employee rights, provide EEO training to its supervisors and managers who would then provide training to other employees, and pay $375,000 to be distributed among four individuals and their attorney.

David Friedman - 11/26/2007


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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
Expungement of Employment Record
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Hiring
Discrimination-basis
Pregnancy discrimination
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
State law
State Anti-Discrimination Law
Defendant(s) Mothers Work, 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)
3:05-cv-00990-TJC-TEM (M.D. Fla.) 01/05/2007
EE-FL-0086-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/28/2005
EE-FL-0086-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Intervenor Plaintiff, Lashonda Burns' Complaint and Demand for Jury Trial 02/06/2006
EE-FL-0086-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [re: Motion to Dismiss] 04/18/2006 (M.D. Fla.)
EE-FL-0086-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/05/2007
EE-FL-0086-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Maternity Store Giant to Pay $375,000 to Settle EEOC Pregnancy Discrimination and Retaliation Lawsuit 01/08/2007
EE-FL-0086-0005.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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