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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. B.J.'s Wholesale Club EE-FL-0018
Docket / Court 1:06-cv-22452-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, on behalf of several Puerto Rican and African American employees. Filed in the U.S. District Court for the Southern District of Florida on September 28, 2006, the complaint ... read more >
The Miami District Office of the EEOC brought this suit against BJ's Wholesale Club, a membership warehouse retail store, on behalf of several Puerto Rican and African American employees. Filed in the U.S. District Court for the Southern District of Florida on September 28, 2006, the complaint included claims of 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 subject to a hostile work environment because of their national origin and/or race. The EEOC sought injunctive relief to halt unlawful practices and implement policies providing equal employment opportunities, as well as monetary damages to the employees for past and future losses, pain, and suffering, and punitive damages and costs.

The case was referred by Judge Alan S. Gold to Magistrate Judge William S. Turnoff. Judge Turnoff oversaw discovery motions over the course of several months and ordered the parties to participate in mediation. The defendant moved for summary judgment on Novembeer 9, 2007. The motion was terminated when the parties notified the court that a settlement had been reached on March 20, 2008. On April 1, 2008, Judge Alan S. Gold approved a consent decree.

The consent decree, to run for three years, enjoined the defendant from engaging in unlawful discriminatory behavior. It required the defendant to develop an anti-discrimination policy, post and distribute notices of equal employment opportunity rights, provide annual training on equal employment laws to its managers and supervisors, keep records of complaints of discrimination, and provide bi-annual reports to the EEOC of the progress. Additionally, the defendant agreed to pay $100,000 to the two charging parties. The decree stated that the EEOC would have independent authority to seek judicial enforcement of the decree.

The time period for the decree expired in 2011 and the case is now closed.

Kevin Wilemon - 05/27/2008
Elizabeth Johnson - 03/16/2019


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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
Defendant-type
Retailer
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
National origin discrimination
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) BJ's Wholesale Club
Plaintiff Description Equal Employment Opportunity Commission, on behalf of several workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se 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
Filing Year 2006
Case Closing Year 2011
Case Ongoing No
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
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Judges Turnoff, William C. (S.D. Fla.) [Magistrate] show/hide docs
EE-FL-0018-0002 | EE-FL-0018-0003 | EE-FL-0018-0004

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