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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BODY FIRM AEROBICS d/b/a GOLD'S GYM EE-UT-0008
Docket / Court 2:03-cv-00846-TC ( D. Utah )
State/Territory Utah
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Phoenix District Office of the EEOC brought this action in the U.S. District Court for the District of Utah, against Body Firm Aerobics d/b/a Gold's Gym. The complaint, filed in September 2003, alleged sex and pregnancy discrimination, and retaliation, in violation of Title VII of the Civil ... read more >
The Phoenix District Office of the EEOC brought this action in the U.S. District Court for the District of Utah, against Body Firm Aerobics d/b/a Gold's Gym. The complaint, filed in September 2003, alleged sex and pregnancy discrimination, and retaliation, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had sexually harassed the charging parties and then retaliated against one of them for complaining about the harassment, by constructively discharging her. It also alleged that one complainant was subject to demotion and constructive discharge due to her pregnancy. One complainant intervened in November 2003.

After a contentious discovery process and several partial summary judgment motions, of which the plaintiff's were denied and the defendant's was granted in part, the parties entered into a settlement agreement in May 2007. The settlement agreement was valid for one year and provided for the Defendant to pay the charging parties $25,000 each. Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to post a notice of non-discrimination at its facility, revise its discrimination policy, and provide EEO training for its employees.

Shankar Viswanathan - 07/06/2007


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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
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
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
Defendant(s) Body Firm Aerobics
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 Voluntary Dismissal
Order Duration 2007 - 2008
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)
2:03-cv-00846-TC (D. Utah) 05/21/2007
EE-UT-0008-9000 PDF | Detail
General Documents
Complaint 09/29/2003
EE-UT-0008-0001 PDF | Detail
Order RE: Expert Deposition and Expert Reports 04/27/2006 (D. Utah)
EE-UT-0008-0002 PDF | Detail
Memorandum Decision and Order 07/14/2006 (D. Utah)
EE-UT-0008-0003 PDF | Detail
Protective Order 10/11/2006 (D. Utah)
EE-UT-0008-0004 PDF | Detail
Settlement Agreement 05/17/2007 (D. Utah)
EE-UT-0008-0005 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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