University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name FORRY AND EEOC v. FEDERATED FINANCIAL SERVICES, INC. EE-FL-0049
Docket / Court 01-7089-CIV-FERGUSON ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2001, the Miami District Office of the EEOC brought suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act. According to the complaint, female employees of ... read more >
In June 2001, the Miami District Office of the EEOC brought suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act. According to the complaint, female employees of the defendant were subjected to crude sexual remarks, and some of them were terminated when they complained.

The employees intervened as plaintiffs, and the case was also consolidated as the lead case with EEOC v. Federated Financial, 0:01-cv-07542 (S.D. Fla. Sept. 28, 2001). The defendant moved for summary judgment as to all of the plaintiffs. The motion as to one of the plaintiffs was granted for failure to exhaust administrative remedies because she had filed her suit three days before the expiration of the mandatory 180-day waiting period after filing a charge with the EEOC. The other summary judgment motions were denied. The EEOC moved for partial summary judgment, and this motion was granted.

After three futile referrals to ADR and a number of contested discovery motions, the cases were finally settled in August of 2004. A consent decree was entered; the defendant was ordered to pay a total of $240,000, to implement a new anti-discrimination policy, and to train its employees in anti-discrimination law.

More than two and a half years later, in April of 2007, the case was reopened upon the EEOC's allegation that the defendant had not fully complied with the consent decree. On April 22, 2008, the defendant's motion to compel discovery was denied, and as of that date this portion of the case was still pending.

Kevin Wilemon - 06/12/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
EEOC intervened in private suit
Private Suit Related / Consolidated with 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 Anti-Discrimination Law
Defendant(s) Federated Financial Services, Inc.
Plaintiff Description female florida native
Indexed Lawyer Organizations EEOC
Class action status sought Yes
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
Case Listing EE-FL-0150 : EEOC v. Federated Financial Services, Inc. (S.D. Fla.)
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)
0:01-cv-07089-JAL (S.D. Fla.) 05/22/2007
EE-FL-0049-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/27/2001
EE-FL-0049-0001 PDF | Detail
Consolidation Order 01/23/2002 (S.D. Fla.)
EE-FL-0049-0024 PDF | Detail
Supplement to Complaint [Beth Forry] 12/12/2002
EE-FL-0049-0004 PDF | Detail
Intervenors' Amended Complaint 03/17/2003
EE-FL-0049-0002 PDF | Detail
Order [Denies in Part and Grants in Part Motion for Protective Order] 05/06/2003 (S.D. Fla.)
EE-FL-0049-0005 PDF | Detail
Order [Denies Motion for Protective Order] 05/23/2003 (S.D. Fla.)
EE-FL-0049-0006 PDF | Detail
Order [Denying Motion to Compel] 06/04/2003 (S.D. Fla.)
EE-FL-0049-0007 PDF | Detail
Order [Granting Motion for Summary Judgment, Denying Motion for Summary Judgment as to Plaintiff's EEOC Title VII Claims, and Granting Cross-Motion for Summary Judgment] 11/05/2003 (S.D. Fla.)
EE-FL-0049-0008 PDF | Detail
Order [Terminating Motion to Quash Subpoena] 04/23/2004 (S.D. Fla.)
EE-FL-0049-0009 PDF | Detail
Order [Grants Motion to Compel] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0010 PDF | Detail
Order [Denying Motion to Compel] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0011 PDF | Detail
Order [Denying Motion for Protective Order] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0012 PDF | Detail
Order [Granting Motion to Compel] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0013 PDF | Detail
Order [Granting Motion for Protective Order] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0014 PDF | Detail
Order [Granting Motion to Compel] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0015 PDF | Detail
Order [Denying Motion to Compel] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0016 PDF | Detail
Order [Denying Motion to Compel] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0017 PDF | Detail
Order [Denying Motion for Protective Order] 06/22/2004 (S.D. Fla.)
EE-FL-0049-0018 PDF | Detail
Order [Granting in Part Motion to Compel] 07/14/2004 (S.D. Fla.)
EE-FL-0049-0019 PDF | Detail
Order [Denying Motion to Dismiss this Action] 07/22/2004 (S.D. Fla.)
EE-FL-0049-0020 PDF | Detail
Consent Decree 08/05/2004
EE-FL-0049-0021 PDF | Detail
Judges McAliley, Chris M. (S.D. Fla.) [Magistrate]
EE-FL-0049-9000
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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