On September 30, 2002, the Miami District Office of the Equal Employment Opportunity Commission filed this lawsuit in the Southern District of Florida under Title VII of the Civil Rights Act of 1964, against Airguide Corporation and Pioneer Metals. Airguide manufactured air conditioning units, and Pioneer Metals was Airguide's parent company. The EEOC, who brought suit on behalf of eight current and former male and female employees and other similarly situated individuals who were employed by Airguide, asked the court for injunctive relief and monetary damages, alleging that Defendants engaged in pervasive sexual harassment and retaliation. Specifically, the EEOC claimed that female Airguide employees were sexually harassed by their supervisor, which created a hostile work environment. The EEOC further alleged that Airguide retaliated against male and female employees by discipline, demotion, and termination for complaining to management about the discriminatory practices, participating in the EEOC's investigation, or filing a charge of discrimination with the EEOC.

On February 6, 2003, eight current and former employees who were among those named in the EEOC complaint intervened in the lawsuit. On July 17, 2003, this case was consolidated with an action made by a male Airguide employee who was terminated in retaliation for complaining of discriminatory practices and participating in the EEOC investigation.

An early referral to ADR did not bear fruit, but eventually the parties settled, and a consent decree was entered in June of 2004. The defendants agreed to pay a total of $1 million, of which $650,000 went directly to the complainants and $350,000 went for attorney's fees. As set forth in the Consent Decree, Airguide and Pioneer Metals were enjoined from engaging in conduct that violates Title VII and retaliating against any employees who participated in the lawsuit. Pioneer Metals was further required to establish a written policy prohibiting sexual harassment and retaliation, to disseminate that policy among all its employees, and to implement an anti-discrimination training program.

Jennifer Gitter - 03/20/2013


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