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)

Attorney for Plaintiff

Brown, Jennifer N (Florida)

Cooper, Cheryl A (Florida)

Franklin-Thomas, Delner (Florida)

Attorney for Defendant

Land, Jolee (Florida)

Documents in the Clearinghouse

Documents in this case

0:04-cv-60856

Docket [PACER]

EEOC v. DTG Operations, Inc.

Oct. 7, 2005

Oct. 7, 2005

Docket
1

0:04-cv-60856

Complaint

EEOC v. DTG Operations, Inc.

June 30, 2004

June 30, 2004

Complaint
27

0:04-cv-60856

Intervenors Amended Complaint []

EEOC v. DTG Operations, Inc.

April 26, 2005

April 26, 2005

Complaint

0:04-cv-60856

EEOC Litigation Settlement Report

EEOC v. DTG Operations, Inc.

No Court

Oct. 1, 2005

Oct. 1, 2005

Press Release
40

0:04-cv-60856

Consent Decree

EEOC v. DTG Operations, Inc.

Oct. 11, 2005

Oct. 11, 2005

Settlement Agreement

Docket

Last updated March 26, 2025, 8:31 a.m.

ECF Number Date Description Link
1 June 30, 2004

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

PACER
3 Oct. 4, 2004

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)

PACER
4 Oct. 7, 2004

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

PACER
5 Oct. 7, 2004

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

PACER
6 Oct. 13, 2004

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)

PACER
Oct. 13, 2004

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

PACER
7 Oct. 14, 2004

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)

PACER
8 Oct. 14, 2004

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

PACER
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)

PACER
9 Oct. 15, 2004

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

PACER
10 Oct. 21, 2004

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)

PACER
11 Oct. 21, 2004

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)

PACER
12 Nov. 1, 2004

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

PACER
13 Nov. 2, 2004

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)

PACER
14 Nov. 12, 2004

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

PACER
15 Nov. 12, 2004

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

PACER
17 Nov. 19, 2004

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

PACER
18 Nov. 23, 2004

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)

PACER
18 Nov. 23, 2004

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)

PACER
18 Nov. 23, 2004

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)

PACER
19 Jan. 21, 2005

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

PACER
19 Jan. 21, 2005

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

PACER
20 Feb. 1, 2005

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

PACER
21 March 1, 2005

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

PACER
22 March 1, 2005

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

PACER
23 March 1, 2005

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

PACER
24 March 10, 2005

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)

PACER
25 March 31, 2005

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

PACER
26 April 21, 2005

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)

PACER
27 April 21, 2005

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)

PACER
27 April 21, 2005

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

PACER
28 May 17, 2005

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

PACER
30 June 9, 2005

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)

PACER
31 July 20, 2005

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)

PACER
32 July 20, 2005

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)

PACER
33 July 20, 2005

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)

PACER
34 Aug. 4, 2005

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)

PACER
35 Aug. 8, 2005

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)

PACER
36 Aug. 10, 2005

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)

PACER
37 Aug. 15, 2005

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

PACER
38 Sept. 14, 2005

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

PACER
39 Oct. 5, 2005

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

PACER
40 Oct. 7, 2005

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)

PACER
Oct. 7, 2005

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

PACER

Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

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):

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

Private Entity/Person

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

Case Details

Causes of Action:

State law

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

Other Dockets:

Southern District of Florida 0:04-cv-60856

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: $395,000

Order Duration: 2005 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation