Case: EEOC v. Executive Record Services, Inc.

6:04-cv-01223 | U.S. District Court for the Middle District of Florida

Filed Date: Aug. 12, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In August 2004, the EEOC district office in Miami, Florida brought this suit against Executive Record Services, Inc., a record retention firm, in the U.S. District Court for the Middle District of Florida. The complaint states that a female employee was routinely sexually harassed. When she complained of the harassment she was terminated in violation of Title VII of the Civil Rights Act of 1964. Soon after the initial answer, the parties attended mediation. A consent decree was entered in A…

In August 2004, the EEOC district office in Miami, Florida brought this suit against Executive Record Services, Inc., a record retention firm, in the U.S. District Court for the Middle District of Florida. The complaint states that a female employee was routinely sexually harassed. When she complained of the harassment she was terminated in violation of Title VII of the Civil Rights Act of 1964. Soon after the initial answer, the parties attended mediation. A consent decree was entered in April 2005.

The consent decree states that the defendant was required to establish a nondiscrimination policy, refrain from discriminating or retaliating on the basis of sex, post EEO notices in its Orlando facility, provide EEO training to all of its staff, establish a complaint system, appoint an EEO Consultant, pay the aggrieved employee $50,000 in satisfaction of all claims relating to this litigation, and make semiannual reports certifying its compliance with the terms and conditions of the decree.

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 2008

Summary Authors

Jason Chester (6/12/2007)

People


Judge(s)

Conway, Anne C. (Florida)

Judge(s)

Conway, Anne C. (Florida)

Documents in the Clearinghouse

Document

6:04-cv-01223

Docket

April 19, 2005

April 19, 2005

Docket
1

6:04-cv-01223

Complaint

Aug. 12, 2004

Aug. 12, 2004

Complaint
5-2

6:04-cv-01223

Intervenor Complaint

EEOC, Cynthia Lane v. Executive Record Services, Inc.

Sept. 30, 2004

Sept. 30, 2004

Complaint
11-2

6:04-cv-01223

Amended Intervenor Complaint

EEOC, Cynthia Lane v. Executive Record services, Inc.

Oct. 13, 2004

Oct. 13, 2004

Complaint
23

6:04-cv-01223

Order to Show Cause

EEOC and Cynthia Lane v. Executive Record Services, Inc.

March 1, 2005

March 1, 2005

Order/Opinion
27

6:04-cv-01223

Consent Decree

EEOC and Cynthia Lane v. Executive Record Services, Inc.

April 19, 2005

April 19, 2005

Settlement Agreement

Resources

Docket

Last updated Aug. 31, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Executive Record Services, Inc. ; jury demand , filed by Equal Employment Opportunity Commission.(JRM) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

Clearinghouse
2

Summons issued as to Executive Record Services, Inc. (JRM) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

3

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Anne C. Conway on 8/17/2004. (SAF) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

4

INTERESTED PERSONS ORDER. Signed by Judge Anne C. Conway on 8/17/2004. (SAF) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

5

MOTION to intervene by Cynthia Lane. (Attachments: # 1 Exhibit "A" Intervenor Complaint with Intervenor Exhibit A# 2 Exhibit "B" EEOC Charge# 3 Exhibit "C" Letter Determination)(Okun, Joan) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

6

MOTION to substitute attorney by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

8

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

9

ORDER granting 5 Motion to intervene. Intervenor Plaintiff shall file her Complaint alleging only federal law claims within eleven days of the date of this Order . Signed by Judge Anne C. Conway on 10/6/2004. (CKB, ) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

10

ORDER granting 6 Motion to substitute attorney. . Signed by Judge Anne C. Conway on 10/7/2004. (Conway, Anne) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

11

Amended MOTION to intervene by Cynthia Lane. (Attachments: # 1 Exhibit "A" Intervenor-Plaintiff's First Amended Complaint# 2 Exhibit "B" EEOC Charge of Discrimination# 3 Exhibit "C" Letter of Determination)(Okun, Joan) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

12

Second INTERVENOR'S COMPLAINT Amended , filed by Cynthia Lane.(Wedmore, Andrew) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

13

ORDER denying 11 Motion to intervene . Signed by Judge Anne C. Conway on 10/18/2004. (Conway, Anne) Modified on 10/19/2004 (JRM). (Motion denied as moot; see Order 9) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

14

Defendant's ANSWER to complaint by Executive Record Services, Inc..(Van Valkenburgh, Mark) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

15

CERTIFICATE of interested persons and corporate disclosure statement by Cynthia Lane. (Okun, Joan) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

16

NOTICE of pendency of other actions re order of compliance to Local Rule by Cynthia Lane (Okun, Joan) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

17

CASE MANAGEMENT REPORT. (Okun, Joan) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

18

NOTICE of pendency of other actions re order of compliance to Local Rule by Executive Record Services, Inc. Related case(s): No (Van Valkenburgh, Mark) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

19

CERTIFICATE of interested persons and corporate disclosure statement by Executive Record Services, Inc.. (Van Valkenburgh, Mark) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

20

CASE MANAGEMENT AND SCHEDULING ORDER . Signed by Judge Anne C. Conway on 12/13/2004. (Conway, Anne) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

21

Defendant's ANSWER to intervenor complaint by Executive Record Services, Inc..(Van Valkenburgh, Mark) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

23

ORDER TO SHOW CAUSE. Signed by Judge Anne C. Conway on 3/1/2005. (Conway, Anne) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

Clearinghouse
25

NOTICE by Cynthia Lane of Mediation held 1/24/05. (Schwartz, Jill) Modified on 3/2/2005 (JRM). (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

26

NOTICE by Equal Employment Opportunity Commission of Filing Consent Decree for Court Approval (Attachments: # 1 Exhibit Consent Decree)(Cooper, Cheryl) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

27

CONSENT DECREE signed by Judge Anne C. Conway on 4/19/2005. (JRM) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

Clearinghouse

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 12, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Executive Record Services, Inc. (Orlando, Florida), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

Order Duration: 2005 - 2008

Content of Injunction:

Develop anti-discrimination policy

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit