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Case Name
EEOC v. Gargiulo, Inc.
EE-FL-0057
Docket / Court
2:05-cv-00460-JES-SPC ( M.D. Fla. )
State/Territory
Florida
Case Type(s)
Equal Employment
Special Collection
EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization
EEOC
Case Summary
The Tampa and Miami Offices of the EEOC filed this action in the District Court for the Middle District of Florida. The Defendant was Gargiulo, Inc., a produce supplier. The controversy involved the alleged sexual harassment of eight different complainants, five of which intervened in the suit ...
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The Tampa and Miami Offices of the EEOC filed this action in the District Court for the Middle District of Florida. The Defendant was Gargiulo, Inc., a produce supplier. The controversy involved the alleged sexual harassment of eight different complainants, five of which intervened in the suit. The company was also accused of retaliation after the complainants rejected sexual requests and complained to superiors. The lawsuit was filed in September of 2005 and was eventually resolved by consent decree in January of 2007. The litigation drew interest in the legal community as the Southern Poverty Law Center, the ACLU, and Florida Legal Services participated in addition to the usual pairing of the EEOC and private counsel. The Defendants were partially successful on a motion to dismiss. The case settled soon after the parties entered into voluntary mediation. The complainants were awarded a total of $180,000, and the Southern Poverty Law Center received $35,000 in attorney fees. In addition, the company was required to post and distribute a Notice of rights, develop an anti-discrimination policy, provide EEO training, and provide a Creole and Spanish language interpreter for employee complainants. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.
Tony Verticchio - 06/30/2007
- 06/13/2017
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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action
State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Case Details
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Defendant(s)
Gargiulo, Inc.
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
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
2007 - 2010
Filed
09/29/2005
Case Closing Year
2010
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
M.D. Fla.
01/23/2007
2:05-cv-00460-JES-SPC
EE-FL-0057-9000.pdf
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Detail
General Documents
M.D. Fla.
09/29/2005
Complaint [ECF# 1]
EE-FL-0057-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
10/04/2005
Related Case Order and Two Track Notice [ECF# 2]
EE-FL-0057-0010.pdf
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Detail
M.D. Fla.
01/11/2006
Complaint in Intervention [ECF# 22]
EE-FL-0057-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
01/23/2006
Amended Complaint in Intervention [ECF# 24]
EE-FL-0057-0003.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
01/24/2006
Order terminating Defendant's Motion to Dismiss [ECF# 25]
EE-FL-0057-0009.pdf
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Detail
M.D. Fla.
03/22/2006
Opinion and Order [ECF# 40]
(2006 WL 752825)
EE-FL-0057-0004.pdf
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WESTLAW
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
04/24/2006
Amended Complaint [ECF# 47]
EE-FL-0057-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
10/17/2006
Order [RE: Plaintiffs Joint Motion to Quash] [ECF# 59]
EE-FL-0057-0006.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
01/22/2007
Consent Decree [ECF# 70]
EE-FL-0057-0007.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
01/23/2007
Judgment [ECF# 71]
EE-FL-0057-0008.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
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