Filed Date: Sept. 29, 2006
Closed Date: 2010
Clearinghouse coding complete
On September 29, 2006, the Tampa office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Taco Bell of America in the U.S. District Court for the Middle District of Florida. The EEOC alleged that the defendants had violated the rights of the complainant, who worked in one of their restaurants, by allowing him to be sexually harassed by his supervisor.
On October 25, 2006, the complainant filed a motion to intervene in the case. That motion was ultimately granted by the court, and the complainant filed an intervenor complaint alleging that the defendants had violated the Florida Civil Rights Act and the Florida Whistleblower Act.
On June 13, 2007, the case settled at mediation, and the parties filed a consent decree with the court. On August 9, 2007, the court approved the consent decree and closed the case. Under the terms of the consent decree, the defendant agreed to pay the complainant $76,050.00 in uncategorized damages. Both sides agreed to pay their own attorney's fees. The defendants agreed to post and distribute to all employees a notice of their right to work in a place free from harassment or retaliation. The defendant agreed to discipline the supervisor who perpetrated the harassment, including putting a letter of reprimand in her personnel file. The defendants agreed to conduct annual training (via video) of all managers and supervisors in the Lakeland Area, with specific emphasis on recognizing harassment, acts that could constitute retaliation, and the proper procedure to follow if they encounter harassment in the workplace or if they receive complaints of discrimination. The defendants agreed to provide the EEOC with two weeks notice of all management training sessions, to forward them copies of all materials to be used, and to allow the EEOC to attend all training sessions. The defendants agreed to make reports every 180 days to the EEOC, certifying that they were in compliance with all terms of the decree. The reports were to include the contact information for all individuals who had complained of harassment or retaliation within the reporting period, as well as a full report of all actions taken by the defendants to handle those complaints. The defendants agreed to retain all records of complaints and investigations regarding complaints of harassment or retaliation.
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.
Summary Authors
Justin Kanter (5/3/2008)
Clearinghouse (6/10/2017)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4728392/parties/us-equal-employment-opportunity-commission-v-taco-bell-corporation/
Moody, James S. Jr. (Florida)
Moody, James S. Jr. (Florida)
See docket on RECAP: https://www.courtlistener.com/docket/4728392/us-equal-employment-opportunity-commission-v-taco-bell-corporation/
Last updated Feb. 7, 2024, 3:20 a.m.
State / Territory: Florida
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 29, 2006
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Taco Bell of America, Inc. (Lakeland and Mulberry, Florida), Private Entity/Person
Taco Bell Corporation (Lakeland and Mulberry, Florida), Private Entity/Person
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 76050
Order Duration: 2007 - 2010
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis:
Affected Sex or Gender:
EEOC-centric: