University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. G.F.B. Enterprises, Llc D/B/A Lexus Of Kendall EE-FL-0055
Docket / Court 01-4035-Civ-Martinez ( S.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
In September 2001, the EEOC's Miami District Office brought this suit against G.F.B. Enterprises, L.L.C., d/b/a Lexus of Kendall, in the U.S. District Court for the Southern District of Florida alleging violation of Title VII of the Civil Rights Act of 1964 by discriminating on basis of national ... read more >
In September 2001, the EEOC's Miami District Office brought this suit against G.F.B. Enterprises, L.L.C., d/b/a Lexus of Kendall, in the U.S. District Court for the Southern District of Florida alleging violation of Title VII of the Civil Rights Act of 1964 by discriminating on basis of national origin, race, and religion. Specifically, the defendant created a hostile work environment by making derogatory ethnic, religious, and racial slurs and jokes to the charging parties (a group comprised of Hispanic, black, and Jewish employees), resulting in the constructive discharge of one of the charging parties. The charging parties intervened in the suit in January 2002. In March 2003, the parties participated in court ordered mediation which resulted in a settlement. The parties entered in a consent decree dismissing the case in April 2003.

The four-year decree contained a non-discrimination clause and required the defendant to: distribute its Title VII compliance policy, provide EEOC-approved Title VII training, retain records of Title VII complaints, report to the EEOC at specified intervals, and pay $700,000 ($600,000 to be distributed among the charging parties and $100,000 to be distributed to currently unidentified victims of the defendant's discrimination).

Michele Marxkors - 05/31/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
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
National origin discrimination
Race discrimination
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) G.F.B. Enterprises, L.L.C.
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 2003 - 2007
Case Closing Year 2003
Case Ongoing No
Additional Resources
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  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar 1, 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)
(S.D. Fla.)
EE-FL-0055-9000.pdf | Detail
Date: 04/04/2003
Source: PACER [Public Access to Court Electronic Records]
General Documents
EEOC Litigation Settlements September 2003
EE-FL-0055-0008.pdf | Detail
Date: 05/10/2007
Office of General Counsel Fiscal Year 2003 Annual Report
EE-FL-0055-0009.pdf | Detail
Date: 05/10/2007
Complaint [ECF# 1]
EE-FL-0055-0001.pdf | Detail
Date: 05/10/2007
Amended Complaint [ECF# 30]
EE-FL-0055-0003.pdf | Detail
Date: 05/10/2007
[Second] Amended Complaint [ECF# 32]
EE-FL-0055-0004.pdf | Detail
Date: 05/10/2007
Final Order of Dismissal with Prejudice Pursuant to the Court's Approval of Consent Decree [ECF# 66] (S.D. Fla.)
EE-FL-0055-0006.pdf | Detail
Date: 05/10/2007
Consent Decree [ECF# 67]
EE-FL-0055-0007.pdf | Detail
Date: 05/10/2007

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