University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. B.J.'s Wholesale Club EE-FL-0018
Docket / Court 06-22452-Civ-Gold ( 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 BJ's Wholesale Club, a membership warehouse retail store, in the U.S. District Court for the Southern District of Florida in September 2006. The complaint alleged race and national origin discrimination in violation of Title VII of the ... read more >
The Miami District Office of the EEOC brought this suit against BJ's Wholesale Club, a membership warehouse retail store, in the U.S. District Court for the Southern District of Florida in September 2006. The complaint alleged race and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964. The complaint alleged that Puerto Rican and African American employees were harassed and subjected to a hostile work environment because of their national origin or race. There were contested discovery motions and the parties participated in mediation. The defendant also moved for summary judgment; the motion was terminated when the parties notified the court that a settlement had been reached. The parties entered into a consent decree in April 2008. The consent decree required the defendant to pay the two charging parties a total of $100,000. It also required the defendant to develop an anti-discrimination policy, as well as post and distribute notices of equal employment opportunity rights. 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 2011.

Kevin Wilemon - 05/27/2008
- 06/15/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) BJ's Wholesale Club
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 2008 - 2011
Case Closing Year 2011
Case Ongoing Yes
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)
1:06-cv-22452-ASG (S.D. Fla.)
EE-FL-0018-9000.pdf | Detail
Date: 04/01/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-FL-0018-0001.pdf | Detail
Date: 09/28/2006
Order [Re: Motion to Compel] [ECF# 34] (S.D. Fla.)
EE-FL-0018-0002.pdf | Detail
Date: 05/31/2007
Order [granting in part and denying in part Motion to Compel] [ECF# 59] (S.D. Fla.)
EE-FL-0018-0003.pdf | Detail
Date: 09/17/2007
Order [granting Motion for Protective Order] [ECF# 60] (S.D. Fla.)
EE-FL-0018-0004.pdf | Detail
Date: 09/17/2007
Consent Decree [ECF# 93-2]
EE-FL-0018-0005.pdf | Detail
Date: 03/27/2008
Judges Turnoff, William C. (S.D. Fla.) [Magistrate]
EE-FL-0018-0002 | EE-FL-0018-0003 | EE-FL-0018-0004

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