University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Fitness First EE-FL-0053
Docket / Court 0:05-cv-61580-CMA ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. ... read more >
The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. She had just received a promotion when she told her boss that she was pregnant, after which she was quickly terminated. The complainant intervened and her complaint was dismissed twice due to failure to state a claim under FRCP 12(b)(6). In addition before the termination of the suit the defendant brought a motion for summary judgment. Even though it seems from the docket that the defendant had a strong case, enough to win two motions to dismiss and file a summary judgment, the parties ended up settling and a consent decree was filed on March 22, 2007.

The consent decree combined injunctive relief and monetary relief. The injunctive relief consisted of: EEO training on Title VII for all managers and future employees; creating a new anti-discrimination policy; posting notice of this case; and distributing the new anti-discrimination policy. The monetary relief awarded was a total of $105,000 to be broken up into three parts. $8,000 was to go to the complainant as back pay, while another $48,638.37 was to go to her for compensatory damages. The remaining $48,361.63 (the consent decree's math was wrong) was to be awarded to the complainant's lawyer.

The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Alex Bean - 06/22/2007
- 06/10/2017


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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
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
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) PH Fitness, 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 2010
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
0:05-cv-61580-CMA (S.D. Fla.)
EE-FL-0053-9000.pdf | Detail
Date: 03/22/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-FL-0053-0001.pdf | Detail
Date: 09/28/2005
Amended Complaint [ECF# 4]
EE-FL-0053-0002.pdf | Detail
Date: 12/14/2005
Intervener's Complaint [ECF# 12]
EE-FL-0053-0003.pdf | Detail
Date: 02/02/2006
Order on Motion to Dismiss [Count II of Intervenor's Complaint] [ECF# 30] (S.D. Fla.)
EE-FL-0053-0010.pdf | Detail
Date: 03/30/2006
Intervener's Amended Complaint [ECF# 31]
EE-FL-0053-0004.pdf | Detail
Date: 04/10/2006
Order on Motion to Dismiss Intervener's Amended Complaint and Intervener's Motion to Amend Complaint [ECF# 49] (S.D. Fla.)
EE-FL-0053-0011.pdf | Detail
Date: 05/25/2006
Second Amended Complaint [Intervenor Plaintiff] [ECF# 57]
EE-FL-0053-0005.pdf | Detail
Date: 06/05/2006
Omnibus Order [Regarding Motions to Compel] [ECF# 63] (S.D. Fla.)
EE-FL-0053-0006.pdf | Detail
Date: 07/17/2006
Order [Regarding Defendant's Motion to Compel Executed Medical Authorization From Intervening Plaintiff] [ECF# 70] (S.D. Fla.)
EE-FL-0053-0012.pdf | Detail
Date: 08/09/2006
Order [Regarding Defendants' Motion to Compel Intervening Plaintiff's Better Responses to Interrogatories] [ECF# 74] (S.D. Fla.)
EE-FL-0053-0007.pdf | Detail
Date: 10/17/2006
Consent Decree [ECF# 100]
EE-FL-0053-0008.pdf | Detail
Date: 03/22/2007
Final Order of Dismissal with Prejudice [ECF# 101] (2007 WL 1159223) (S.D. Fla.)
EE-FL-0053-0009.pdf | WESTLAW | Detail
Date: 03/22/2007

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