Case: EEOC v. Taco Bell

8:06-cv-01792 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 29, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

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 gr…

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)

People

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/


Judge(s)

Moody, James S. Jr. (Florida)

Judge(s)

Moody, James S. Jr. (Florida)

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Documents in the Clearinghouse

Document

8:06-cv-01792

Docket (PACER)

EEOC v. Taco Bell Corporation

Aug. 9, 2007

Aug. 9, 2007

Docket
1

8:06-cv-01792

Complaint

EEOC v. Taco Bell Corporation

Sept. 29, 2006

Sept. 29, 2006

Complaint
5

8:06-cv-01792

Amended Complaint

EEOC v. Taco Bell Corporation

Oct. 24, 2006

Oct. 24, 2006

Complaint
13

8:06-cv-01792

Second Amended Complaint of Intervention and Demand for Jury Trial

EEOC v. Taco Bell Corporation

Nov. 28, 2006

Nov. 28, 2006

Complaint
19

8:06-cv-01792

Order

EEOC v. Taco Bell Corporation

Jan. 23, 2007

Jan. 23, 2007

Order/Opinion

2007 WL 2007

28

8:06-cv-01792

Order

EEOC v. Taco Bell Corporation

March 15, 2007

March 15, 2007

Order/Opinion

2007 WL 2007

32

8:06-cv-01792

Order of Dismissal

EEOC v. Taco Bell Corporation

June 14, 2007

June 14, 2007

Order/Opinion
38

8:06-cv-01792

Consent Decree

EEOC v. Taco Bell Corporation

Aug. 9, 2007

Aug. 9, 2007

Settlement Agreement

Resources

Docket

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.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Taco Bell Corporation; jury demand, filed by U.S. Equal Employment Opportunity Commission. (RFM) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

2

Summons issued as to Taco Bell Corporation. (RFM) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

3

NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 10/2/2006. (smb) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

4

MOTION to intervene by Brookes Allen Stanley. (Shanafelt, Randall) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

5

AMENDED COMPLAINT against Taco Bell of America, Inc. with Jury Demand filed by U.S. Equal Employment Opportunity Commission.(Von Greiff, Carla) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

6

Amended MOTION to intervene by Brookes Allen Stanley. (Shanafelt, Randall) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

7

ORDER denying 6 Brookes A. Stanley's Amended Motion to Intervene. Signed by Judge James S. Moody Jr. on 11/7/2006. (len) ORDER IS VACATED PURSUANT TO 12 ORDER. Modified on 11/21/2006 (bn). (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

8

NOTICE by U.S. Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

9

Emergency MOTION for reconsideration of denial of Brookes A. Stanley's Amended Motion to Intervene (Dkt. 6) by Brookes Allen Stanley. (Shanafelt, Randall) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

10

WAIVER OF SERVICE returned executed on November 13, 2006 by U.S. Equal Employment Opportunity Commission. Waiver of Service sent on October 24, 2006 as to Taco Bell of America, Inc.. (Von Greiff, Carla) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

11

NOTICE of unavailability of counsel byU.S. Equal Employment Opportunity Commission from December 18, 2006 to January 2, 2007. (Von Greiff, Carla) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

12

ORDER: Brookes A. Stanley's Emergency Motion for Reconsideration of Denial of Plaintiff Brookes A. Stanleys Motion to Intervene (Dkt. #9) is GRANTED.This Court's Order entered on November 7, 2006 (Dkt. #7) denying Brookes A. Stanley's Amended Motion to Intervene is VACATED.Brookes A. Stanley's Amended Motion to Intervene (Dkt. #6) is GRANTED.The Intervenor shall have fifteen (15) days from the date of this Order to file his Complaint with the Clerk of Court. Signed by Judge James S. Moody Jr. on 11/21/2006. (smb) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

13

Second INTERVENOR'S COMPLAINT filed by Brookes Allen Stanley.(Shanafelt, Randall) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

14

DEFENDANT TACO BELL OF AMERICA, INC.'S ANSWER and affirmative defenses to amended complaint OF THE EEOC by Taco Bell of America, Inc..(Radel, F.) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

16

NOTICE of filing Affidavit in support of 15 Motion to Compel by Taco Bell of America, Inc. (Attachments: # 1 Affidavit of Angela Fleig# 2 Exhibit Exhibit A Employment Application)(Schoel, William) Modified on 12/21/2006 (bn). (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

17

RESPONSE in opposition re 15 MOTION to compel arbitration and to Dismiss/Stay Intervening Plaintiff's Complaint filed by Brookes Allen Stanley. (Shanafelt, Randall) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

18

RESPONSE in opposition re 15 MOTION to compel arbitration and to Dismiss/Stay Intervening Plaintiff's Complaint filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Von Greiff, Carla) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

19

ORDER granting in part and denying in part 15 Defendant's Motion to compel arbitration and to dismiss/stay Intervening Plaintiff Brooks A. Stanley's Complaint. Plaintiff-In-Intervention's claims under the Florida Civil Rights Act are dismissed without prejudice. Signed by Judge James S. Moody Jr. on 1/23/2007. (len) Modified on 1/24/2007 (bn).

Jan. 23, 2007

Jan. 23, 2007

RECAP
20

CASE MANAGEMENT REPORT. (Von Greiff, Carla) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

21

CASE MANAGEMENT AND SCHEDULING ORDER: Fact Discovery due by 9/4/2007. Dispositive motions due by 12/9/2007. Pretrial Conference set for FRIDAY, 2/8/2008 at 8:45 AM in Courtroom 13A before Judge James S. Moody Jr. Jury Trial set for MARCH 2008. Signed by Judge James S. Moody Jr. on 2/5/2007. (len) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

22

MOTION for reconsideration of the Court's Order (Dkt. 19) Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration (Dkt. 15) by Brookes Allen Stanley. (Shanafelt, Randall) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

23

NOTICE OF HEARING on Motion 22 MOTION for reconsideration of the Court's Order (Dkt. 19) Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration (Dkt. 15) : Motion Hearing set for TUESDAY, 2/27/2007 at 9:00 AM in Courtroom 13A before Judge James S. Moody Jr. Time reserved: 15 minutes. (len) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

24

NOTICE by Brookes Allen Stanley of Filing Amended Local Rule 3.01(g) Certificate (Attachments: # 1 Amended Local Rule 3.01(g) Certificate)(Shanafelt, Randall) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

25

NOTICE by Brookes Allen Stanley re 24 Notice (Other) of Filing Amended Local Rule 3.01(g) Certificate (Shanafelt, Randall) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

26

MEMORANDUM in opposition re 22 Motion for reconsideration filed by Taco Bell of America, Inc.. (Schoel, William) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

27

MINUTE ENTRY for proceedings held before Judge James S. Moody Jr.: Motion Hearing held on 2/27/2007 re 22 MOTION for reconsideration of the Court's Order (Dkt. 19) Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration (Dkt. 15) filed by Brookes Allen Stanley. Court Reporter: Sherrill L. Jackson (smb) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

28

ORDER: Plaintiff-In-Intervention Brookes A. Stanley's Motion for Reconsideration of the Court's Order Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration and to Dismiss/Stay Intervening Plaintiff Brookes A. Stanley's Complaint and/or in the Alternative, Motion for Clarification 22 is DENIED. Signed by Judge James S. Moody Jr. on 3/15/2007. (len)

March 15, 2007

March 15, 2007

RECAP
29

TRANSCRIPT of Motion Hearing held on 2/27/2007 before Judge James S. Moody, Jr.. Court Reporter: Sherrill L. Jackson. (cda) (Entered: 04/05/2007)

April 4, 2007

April 4, 2007

30

NOTICE by U.S. Equal Employment Opportunity Commission of Scheduling Mediation (Von Greiff, Carla) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

31

ORDER scheduling ** MEDIATION ** conference on JUNE 13, 2007, before Mediator Mary Lau. Signed by Judge James S. Moody Jr. on 5/29/2007. (len) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

32

60-DAY ORDER OF DISMISSAL. All pending motions are denied as moot. Clerk is directed to close the file. Signed by Judge James S. Moody Jr. on 6/14/2007. (len)

June 14, 2007

June 14, 2007

RECAP
33

Mediation report

June 15, 2007

June 15, 2007

PACER
34

Motion for Miscellaneous Relief

June 26, 2007

June 26, 2007

PACER
35

Motion for Miscellaneous Relief

Aug. 1, 2007

Aug. 1, 2007

PACER
36

ENDORSED ORDER denying as moot 34 Joint Motion for Approval of Consent Decree. Signed by Judge James S. Moody Jr. on 8/8/2007. (len) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

37

Order on Motion for Miscellaneous Relief

Aug. 9, 2007

Aug. 9, 2007

PACER
38

Order dismissing case

Aug. 9, 2007

Aug. 9, 2007

PACER

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

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):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

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:

State law

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 76050

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit