Case: EEOC v. DTG OPERATIONS d/b/a "Dollar Rent-A-Car"

0:04-cv-60856 | U.S. District Court for the Southern District of Florida

Filed Date: June 30, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On June 30, 2004, the Equal Employment Opportunity Commission (EEOC) filed this sex discrimination and retaliation suit in the Fort Lauderdale U.S. District Court for the Southern District of Florida against DTG Operations, Inc., (doing business as Dollar Rent A Car) on behalf of a female employee. The EEOC alleged that DTG had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by subjecting the employee to a hostile work environment and firing her in retaliation fo…

On June 30, 2004, the Equal Employment Opportunity Commission (EEOC) filed this sex discrimination and retaliation suit in the Fort Lauderdale U.S. District Court for the Southern District of Florida against DTG Operations, Inc., (doing business as Dollar Rent A Car) on behalf of a female employee. The EEOC alleged that DTG had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by subjecting the employee to a hostile work environment and firing her in retaliation for opposing the harassment. According to the EEOC, the employee's direct supervisor subjected her to frequent physical and verbal sexual harassment. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy reform, back pay, reinstatement, compensation for emotional harm, and punitive damages.

The Court (Judge Cecilia M. Altonaga) allowed the employee to intervene in the case on October 14, 2004. The employee amended her complaint on April 21, 2005, seeking substantially the same relief as the EEOC but suing for violation of Title VII and the Florida Civil Rights Act of 1992 (Fla. Stat. 760 et seq.), for negligent hiring, retention, and supervision, and for intentional infliction of emotional distress.

The parties reached a settlement, which the Court (Judge Kenneth A. Marra) entered as a consent decree on October 7, 2005. The 3-year decree provided the employee with $395,000 ($15,000 in lost wages, $220,805.58 in compensatory and punitive damages, and $159,194.42 in attorneys' fees and costs) and subjected DTG to a variety of injunctive provisions. Under the terms of the decree, DTG agreed not to engage in sexual harassment and not to retaliate against employees who file charges or otherwise cooperate with the EEOC. DTG was required to distribute its anti-harassment policy to all employees, to provide 4 hours of sex discrimination training annually to all managers and supervisory personnel at the facility in which the employee worked, to post an equal employment notice, to report sexual harassment claims and their resolution to the EEOC every six months, to expunge the employee's personnel file, and to provide a letter of reference. No further court activity appears on the docket, and the case is now closed.

Summary Authors

Kenneth Gray (7/29/2013)

People


Judge(s)

Marra, Kenneth A. (Florida)

Seltzer, Barry S. (Florida)

Attorneys(s) for Plaintiff

Brown, Jennifer N (Florida)

Cooper, Cheryl A (Florida)

Franklin-Thomas, Delner (Florida)

Rousso, Darren Jeffery (Florida)

Attorneys(s) for Defendant

Land, Jolee (Florida)

McClelland, Dennis Michael (Florida)

Phillips, John Edmund Jr. (Florida)

Judge(s)

Marra, Kenneth A. (Florida)

Seltzer, Barry S. (Florida)

Attorneys(s) for Plaintiff

Brown, Jennifer N (Florida)

Cooper, Cheryl A (Florida)

Franklin-Thomas, Delner (Florida)

Rousso, Darren Jeffery (Florida)

Attorneys(s) for Defendant

Land, Jolee (Florida)

McClelland, Dennis Michael (Florida)

Phillips, John Edmund Jr. (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. DTG Operations, Inc.

Oct. 7, 2005 Docket
1

Complaint

EEOC v. DTG Operations, Inc.

June 30, 2004 Complaint
27

Intervenors Amended Complaint []

EEOC v. DTG Operations, Inc.

April 26, 2005 Complaint

EEOC Litigation Settlement Report

EEOC v. DTG Operations, Inc.

No Court

Oct. 1, 2005 Press Release
40

Consent Decree

EEOC v. DTG Operations, Inc.

Oct. 11, 2005 Settlement Agreement

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT filed; FILING FEE Waived ; Magistrate Judge Ted E. Bandstra (wc, Deputy Clerk) (Entered: 07/01/2004)

June 30, 2004
3

RETURN OF SERVICE executed for DTG Operations, Inc. on 9/20/04 Answer due on 10/12/04 for DTG Operations, Inc. (tb, Deputy Clerk) (Entered: 10/06/2004)

Oct. 4, 2004
4

MOTION with memorandum in support by Jessica Varela to intervene as plaintiff (tb, Deputy Clerk) (Entered: 10/08/2004)

Oct. 7, 2004
5

INTERVENORS COMPLAINT and demand for jury trial FILING Magistrate Judge Ted E. Bandstra (tb, Deputy Clerk) (Entered: 10/08/2004)

Oct. 7, 2004
6

ORDER OF RECUSAL ( Signed by Judge Cecilia M. Altonaga on 10/08/04) [EOD Date: 10/14/04] (tb, Deputy Clerk) (Entered: 10/14/2004)

Oct. 13, 2004

CASE reassigned to Judge Kenneth A. Marra (tb, Deputy Clerk) (Entered: 10/14/2004)

Oct. 13, 2004
7

ORDER granting plaintiff EEOC's unopposed motion for substitution of counsel; ( Signed by Judge Cecilia M. Altonaga on 10/14/04) [EOD Date: 10/15/04] (bs, Deputy Clerk) (Entered: 10/15/2004)

Oct. 14, 2004
8

UNOPPOSED MOTION by U.S. - EEOC to substitute Cheryl A. Cooper as Attorney (bb, Deputy Clerk) (Entered: 10/15/2004)

Oct. 14, 2004

Deadline updated per DE #7 Order; granting [8-1] motion to substitute Cheryl A. Cooper as Attorney (Added: Cheryl A. Cooper, Esq.) (Former Deputy Clerk) (Entered: 10/21/2004)

Oct. 14, 2004
9

UNOPPOSED MOTION by DTG Operations, Inc. (Attorney Dennis Michael McClelland) to extend time to respond to complaint (Former Deputy Clerk) (Entered: 10/18/2004)

Oct. 15, 2004
10

PRETRIAL ORDER requiring counsel to confer, file joint scheduling report and file joint discovery report ( Signed by Judge Kenneth A. Marra on 10/21/04) [EOD Date: 10/25/04] (Former Deputy Clerk) (Entered: 10/25/2004)

Oct. 21, 2004
11

ORDER granting [4-1] motion to intervene as plaintiff granting [9-1] motion to extend time to respond to complaint resetting answer due for 11/1/04 for DTG Operations, Inc. ( Signed by Judge Kenneth A. Marra on 10/21/04) [EOD Date: 10/25/04] (Former Deputy Clerk) (Entered: 10/25/2004)

Oct. 21, 2004
12

UNOPPOSED MOTION by DTG Operations, Inc. to extend time to respond to complaints (Former Deputy Clerk) (Entered: 11/02/2004)

Nov. 1, 2004
13

ORDER granting [12-1] motion to extend time to respond to complaints resetting answer due for 11/12/04 for DTG Operations, Inc. ( Signed by Judge Kenneth A. Marra on 11/2/04) [EOD Date: 11/4/04] (Former Deputy Clerk) (Entered: 11/04/2004)

Nov. 2, 2004
14

Answer and affirmative defenses by DTG Operations, Inc. (Attorney John Edmund Phillips Jr.), (bs, Deputy Clerk) (Entered: 11/15/2004)

Nov. 12, 2004
15

Answer and affirmative defenses by DTG Operations, Inc. (Attorney Jolee Land), (tb, Deputy Clerk) (Entered: 11/16/2004)

Nov. 12, 2004
17

NOTICE of Filing Joint Scheduling Report (not attached) by U.S. - EEOC, DTG Operations, Inc., Jessica Varela (gp, Deputy Clerk) (Entered: 11/19/2004)

Nov. 19, 2004
18

ORDER Setting Jury trial for 12/12/05 before Judge Kenneth A. Marra , Setting calendar call for 10:00 12/9/05 before Judge Kenneth A. Marra , discovery deadline for 8/12/05 , Substantive motion filing deadline for 9/9/05 (Signed by Judge Kenneth A. Marra on 11/23/04) [EOD Date: 11/24/04] (gp, Deputy Clerk) (Entered: 11/24/2004)

Nov. 23, 2004
18

ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Barry S. Seltzer (Signed by Judge Kenneth A. Marra on 11/23/04) CCAP [EOD Date: 11/24/04] (gp, Deputy Clerk) (Entered: 11/24/2004)

Nov. 23, 2004
18

ORDER referring case to mediation. 15 days to appoint mediator (Signed by Judge Kenneth A. Marra on 11/23/04) [EOD Date: 11/24/04] (gp, Deputy Clerk) (Entered: 11/24/2004)

Nov. 23, 2004
19

Notice of compliance: by U.S. - EEOC with [18-1] referral/referred order case to mediation (Former Deputy Clerk) (Entered: 01/21/2005)

Jan. 21, 2005
19

NOTICE of selection of Carol Soret Cope as Mediator by U.S. - EEOC (Former Deputy Clerk) (Entered: 01/21/2005)

Jan. 21, 2005
20

Initial disclosures by Jessica Varela (hd, Deputy Clerk) (Entered: 02/02/2005)

Feb. 1, 2005
21

NOTICE of Mediation Hearing on 819/05 at 10:00 added as mediator (gp, Deputy Clerk) (Entered: 03/01/2005)

March 1, 2005
22

NOTICE of Mediation Hearing on 8/19/05 at 10:00 (gp, Deputy Clerk) (Entered: 03/01/2005)

March 1, 2005
23

NOTICE of Mediation Hearing on 8/19/05 at 10:00 (gp, Deputy Clerk) (Entered: 03/01/2005)

March 1, 2005
24

NOTICE of Mediation Hearing on 8/19/05 at 10:00 AM Carol S. Cope, Esq. added as mediator (Former Deputy Clerk) (Entered: 03/11/2005)

March 10, 2005
25

MOTION by Jessica Varela to amend [5-1] complaint {attached} (lk, Deputy Clerk) (Entered: 04/01/2005)

March 31, 2005
26

ORDER granting [25-1] motion to amend [5-1] complaint ( Signed by Judge Kenneth A. Marra on 4/21/05) [EOD Date: 4/26/05] (Former Deputy Clerk) (Entered: 04/26/2005)

April 21, 2005
27

INTERVENOR'S AMENDED COMPLAINT by Jessica Varela , (Answer due 5/2/05 for DTG Operations, Inc. ) amending [5-1] complaint (Former Deputy Clerk) (Entered: 04/26/2005)

April 21, 2005
27

DEMAND for jury trial by Jessica Varela (Former Deputy Clerk) (Entered: 04/26/2005)

April 21, 2005
28

Answer and affirmative defenses to intervenor's amended complaint by DTG Operations, Inc.; jury demand (Former Deputy Clerk) (Entered: 05/17/2005)

May 17, 2005
30

ORDER as to [29-1] motion to substitute John E. Phillips as Attorney in place of Holland & Knight ( Signed by Judge Kenneth A. Marra on 6/9/05) [EOD Date: 6/10/05] (gz, Deputy Clerk) (Entered: 06/10/2005)

June 9, 2005
31

NOTICE by U.S. - EEOC to take deposition of Mr. Calvin Salomon 8/22/05 at 2:00 p.m. (mh, Deputy Clerk) (Entered: 07/21/2005)

July 20, 2005
32

NOTICE by U.S. - EEOC to take deposition of Ms. Lisa Richards on 8/5/05 at 10:00 (mh, Deputy Clerk) (Entered: 07/21/2005)

July 20, 2005
33

NOTICE by U.S. - EEOC to take deposition of Mr. Mark Shannon on 8/5/05 at 2:00 (mh, Deputy Clerk) (Entered: 07/21/2005)

July 20, 2005
34

Joint MOTION with memorandum in support by U.S. - EEOC, Jessica Varela, DTG Operations, Inc. to extend discovery and dispositive motions deadlines and request for additional depositions (gz, Deputy Clerk) (Entered: 08/04/2005)

Aug. 4, 2005
35

NOTICE by U.S. - EEOC to take deposition of Ms. Grace Sotomayer 8/22/05 at 12:00 p.m. (mh, Deputy Clerk) (Entered: 08/09/2005)

Aug. 8, 2005
36

ORDER granting [34-1] motion to extend discovery and dispositive motions deadlines and request for additional depositions reset discovery deadline for 8/31/05 , reset motion filing deadline for 10/7/05 ( Signed by Judge Kenneth A. Marra on 8/10/05) [EOD Date: 8/11/05] (gz, Deputy Clerk) (Entered: 08/11/2005)

Aug. 10, 2005
37

RE-NOTICE of Mediation Schedule on 9/13/05 at 10:00 (ss, Deputy Clerk) (Entered: 08/15/2005)

Aug. 15, 2005
38

NOTICE of Mediation Hearing on 9/27/05 at 10:00 Richard B. Rutledge added as mediator (gz, Deputy Clerk) (Entered: 09/15/2005)

Sept. 14, 2005
39

NOTICE of Filing Consent Decree for Court Approval by U.S. - EEOC (gp, Deputy Clerk) (Entered: 10/06/2005)

Oct. 5, 2005
40

CONSENT DECREE {see order for details} Pending motions denied as MOOT, case is CLOSED. Signed by Judge Kenneth A. Marra on 10/7/05) [EOD Date: 10/11/05] (gz, Deputy Clerk) (Entered: 10/11/2005)

Oct. 7, 2005

CASE CLOSED. Case and Motions no longer referred to Magistrate. (gz, Deputy Clerk) (Entered: 10/11/2005)

Oct. 7, 2005

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: June 30, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

DTG Operations, Inc., d/b/a Dollar Rent A Car , Private Entity/Person

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $395,000

Order Duration: 2005 - 2008

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

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