University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name FORRY AND EEOC v. FEDERATED FINANCIAL SERVICES, INC. EE-FL-0049
Docket / Court 01-7089-CIV-FERGUSON ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2001, the Miami District Office of the EEOC brought suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act. According to the complaint, female employees of ... read more >
In June 2001, the Miami District Office of the EEOC brought suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act. According to the complaint, female employees of the defendant were subjected to crude sexual remarks, and some of them were terminated when they complained.

The employees intervened as plaintiffs, and the case was also consolidated as the lead case with EEOC v. Federated Financial, 0:01-cv-07542 (S.D. Fla. Sept. 28, 2001). The defendant moved for summary judgment as to all of the plaintiffs. The motion as to one of the plaintiffs was granted for failure to exhaust administrative remedies because she had filed her suit three days before the expiration of the mandatory 180-day waiting period after filing a charge with the EEOC. The other summary judgment motions were denied. The EEOC moved for partial summary judgment, and this motion was granted.

After three futile referrals to ADR and a number of contested discovery motions, the cases were finally settled in August of 2004. A consent decree was entered; the defendant was ordered to pay a total of $240,000, to implement a new anti-discrimination policy, and to train its employees in anti-discrimination law.

More than two and a half years later, in April of 2007, the case was reopened upon the EEOC's allegation that the defendant had not fully complied with the consent decree. On April 22, 2008, the defendant's motion to compel discovery was denied, and as of that date this portion of the case was still pending.

Kevin Wilemon - 06/12/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
EEOC intervened in private suit
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Federated Financial Services, Inc.
Plaintiff Description female florida native
Indexed Lawyer Organizations EEOC
Class action status sought Yes
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 2004 - 2007
Case Closing Year 2004
Case Ongoing No
Case Listing EE-FL-0150 : EEOC v. Federated Financial Services, Inc. (S.D. Fla.)
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)
0:01-cv-07089-JAL (S.D. Fla.)
EE-FL-0049-9000.pdf | Detail
Date: 05/22/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-FL-0049-0001.pdf | Detail
Date: 06/27/2001
Consolidation Order [ECF# 34] (S.D. Fla.)
EE-FL-0049-0024.pdf | Detail
Date: 01/23/2002
Supplement to Complaint [Beth Forry] [ECF# 37]
EE-FL-0049-0004.pdf | Detail
Date: 12/12/2002
Intervenors' Amended Complaint
EE-FL-0049-0002.pdf | Detail
Date: 03/17/2003
Order on Emergency Motion [ECF# 66] (S.D. Fla.)
EE-FL-0049-0005.pdf | Detail
Date: 05/06/2003
Order [ECF# 84] (S.D. Fla.)
EE-FL-0049-0006.pdf | Detail
Date: 05/23/2003
Order [ECF# 88] (S.D. Fla.)
EE-FL-0049-0007.pdf | Detail
Date: 06/04/2003
Order [Granting Motion for Summary Judgment, Denying Motion for Summary Judgment as to Plaintiff's EEOC Title VII Claims, and Granting Cross-Motion for Summary Judgment] [ECF# 126] (S.D. Fla.)
EE-FL-0049-0008.pdf | Detail
Date: 11/05/2003
Order Staying Deposition of Shawn Martin [ECF# 181] (S.D. Fla.)
EE-FL-0049-0009.pdf | Detail
Date: 04/23/2004
Order [Grants Motion to Compel] [ECF# 228] (S.D. Fla.)
EE-FL-0049-0010.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion to Compel Plaintiff EEOC's Complete Investigative File [ECF# 230] (S.D. Fla.)
EE-FL-0049-0011.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion for Protective Order Regarding Plaintiff EEOC's Fed.R.Civ.P. 30(b)(6) Deposition Duces Tecum on Defendant's Financial Worth [ECF# 231] (S.D. Fla.)
EE-FL-0049-0012.pdf | Detail
Date: 06/22/2004
Order [Granting Motion to Compel] [ECF# 232] (S.D. Fla.)
EE-FL-0049-0013.pdf | Detail
Date: 06/22/2004
Order Granting Plaintiff EEOC's Motion for Protective Order Precluding Defendant's Proposed Fed.R.Civ.P. 30(b)(6) Deposition Duces Tecum of the EEOC Representative with the Most Knowledge Regarding Complaints Against an EEOC Investigator [ECF# 233] (S.D. Fla.)
EE-FL-0049-0014.pdf | Detail
Date: 06/22/2004
Order Granting Plaintiff EEOC's Motion to Compel Discovery [ECF# 235] (S.D. Fla.)
EE-FL-0049-0015.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion to Compel Addresses for Lynda Fleek's Mother and Sister [ECF# 237] (S.D. Fla.)
EE-FL-0049-0016.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion to Compel Responses to 1) Defendant's Request for Admissions from Plaintiffs EEOC, Taren Busick, Lynda Fleek, Sarah Hoffman, Brandy Wilcox, and Wendi Newman, and 2) Defendant's Second Request for Production [...] [ECF# 238] (S.D. Fla.)
EE-FL-0049-0017.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion for Protective Order [ECF# 240] (S.D. Fla.)
EE-FL-0049-0018.pdf | Detail
Date: 06/22/2004
Order Granting in Part Plaintiff Beth Forry's Motion to Compel Defendant's Response to Plaintiff Beth Forry's Third Request for Production [ECF# 256] (S.D. Fla.)
EE-FL-0049-0019.pdf | Detail
Date: 07/14/2004
Order [Denying Motion to Dismiss this Action] [ECF# 258] (S.D. Fla.)
EE-FL-0049-0020.pdf | Detail
Date: 07/22/2004
Consent Decree [ECF# 266]
EE-FL-0049-0021.pdf | Detail
Date: 08/05/2004
Judges Ferguson, Wilkie D. Jr. (S.D. Fla.) [Magistrate]
EE-FL-0049-0005
McAliley, Chris M. (S.D. Fla.) [Magistrate]
EE-FL-0049-0010 | EE-FL-0049-0011 | EE-FL-0049-0012 | EE-FL-0049-0013 | EE-FL-0049-0014 | EE-FL-0049-0015 | EE-FL-0049-0016 | EE-FL-0049-0017 | EE-FL-0049-0018 | EE-FL-0049-0019 | EE-FL-0049-9000
Simonton, Andrea Miles (S.D. Fla.) [Magistrate]
EE-FL-0049-0009
Snow, Lurana S. (S.D. Fla.) [Magistrate]
EE-FL-0049-0006 | EE-FL-0049-0007

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