Case: EEOC v. South Beach Beverage Company and PEPSICO, INC.

1:02-cv-10136 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 23, 2002

Closed Date: Feb. 14, 2005

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against South Beach Beverage Company, Inc. and Pepsico, Inc. in the U.S. District Court for the Southern District of New York in December 2002. South Beach Beverage Company is a seller of herbal and nutrient-enhanced drinks, and Pepsico is a beverage manufacturer that acquired a majority ownership interest in South Beach. According to an EEOC press release, the complaint alleged that the defendants' employees sexually harassed female em…

The New York District Office of the EEOC brought this suit against South Beach Beverage Company, Inc. and Pepsico, Inc. in the U.S. District Court for the Southern District of New York in December 2002. South Beach Beverage Company is a seller of herbal and nutrient-enhanced drinks, and Pepsico is a beverage manufacturer that acquired a majority ownership interest in South Beach. According to an EEOC press release, the complaint alleged that the defendants' employees sexually harassed female employees in violation of Title VII of the Civil Rights Act of 1964. Five complainants intervened in January 2003.

The case settled by entry of a consent decree in February 2003. The defendants were required to pay a total of $1.79 million, including $958,900 for the five complainants, $281,100 in attorneys' fees, and $550,000 for a settlement fund. The companies also agreed to revise their antiharassment policies, distribute these policies, post notice of the consent decree, and conduct sexual harassment training. Additionally the defendant will provide the names and last known addresses of all female employees, employed between January 1, 1997 and the date of this decree, in order to identify all potential claimants. This decree is in effect for 2 years.

Summary Authors

Keri Livingston (7/30/2008)

Documents in the Clearinghouse

Document

1:02-cv-10136

Docket

EEOC v. South Beach Beverage Company, Inc., et al

Dec. 3, 2004

Dec. 3, 2004

Docket

1:02-cv-10136

EEOC Press Release

EEOC v. South Beach Beverage Company, Inc.

No Court

Dec. 23, 2002

Dec. 23, 2002

Press Release

1:02-cv-10136

EEOC Settlement Report

EEOC v. South Beach Beverage Co., Inc., (SoBe) and PepsiCo, Inc.

No Court

Feb. 1, 2003

Feb. 1, 2003

Press Release
6

1:02-cv-10136

Consent Decree and Judgment

EEOC v. South Beach Beverage Company, Inc.

Feb. 14, 2003

Feb. 14, 2003

Settlement Agreement

Resources

Docket

Last updated Sept. 7, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). . (gmo) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

CASE REFERRED TO Judge Harold Baer as possibly related 02 cv 8650. (gmo) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

2

STIPULATION OF INTERVENTION; the the parties Lisa Van Cott, Catherine Bruegger, Linda Kohler, Jennifer Richards and Shawn Huxford Wray may intervene as Intervenor-Plaintiffs in this action . ( signed by Judge Harold Baer Jr. ) (pl) (Entered: 01/13/2003)

Jan. 8, 2003

Jan. 8, 2003

Case accepted as related to 1:02cv8650 . Notice of assignment to follow. (gf) (Entered: 01/14/2003)

Jan. 8, 2003

Jan. 8, 2003

3

Notice of Case assignment to Judge Harold Baer Jr. . Copy of notice and judge's rules mailed to Attorney(s) of record: Katherine E. Bissell . (gf) (Entered: 01/14/2003)

Jan. 8, 2003

Jan. 8, 2003

Magistrate Judge Henry B. Pitman is so designated. (gf) (Entered: 01/14/2003)

Jan. 8, 2003

Jan. 8, 2003

4

NOTICE of attorney appearance for South Beach Beverage, Pepsico, Inc. by Kenneth W. Gage. (djc) (Entered: 01/16/2003)

Jan. 13, 2003

Jan. 13, 2003

5

INTERVENOR'S COMPLAINT by Lisa Van Cott, Catherine Bruegger, Linda Kohler, Jennifer Richards, and Shawn Huxford Wray against South Beach Beverage, Pepsico, Inc. . Summons issued. (sb) (Entered: 01/21/2003)

Jan. 16, 2003

Jan. 16, 2003

6

CONSENT DECREE & JUDGMENT; This Decree resolves all issues raised in EEOC Charge Numbers, as further set forth on this judgment. SoBe and PepsiCo shall pay a total of $958,900 to the Charging Parties, divided as further set forth on this judgment. SoBe and PepsiCo shall pay $550,000 to compensate women, as further set forth on this judgment. SoBe and PepsiCo shall revise SoBe's policies on Equal Employment Opportunity, Employee Harassment and Retaliation. The EEOC has the right to monitor and review compliance with this Decree. ( signed by Judge Harold Baer Jr. ) Entered On Docket: 2/24/03. (sb) (Entered: 02/24/2003)

Feb. 14, 2003

Feb. 14, 2003

Case closed. (sb) (Entered: 02/24/2003)

Feb. 14, 2003

Feb. 14, 2003

7

ENDORSED LETTER addressed to Judge Harold Baer from Ray A. Wynter dated 11/29/04 re: counsel status report. Thank you for your effort to monitor the defendant. I look forward to the next report. (Signed by Judge Harold Baer on 12/2/04) (kw, ) (Entered: 12/07/2004)

Dec. 3, 2004

Dec. 3, 2004

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Dec. 23, 2002

Closing Date: Feb. 14, 2005

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

PepsiCo, Inc., Private Entity/Person

South Beach Beverage Company, Inc., 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

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: 1790000

Order Duration: 2003 - 2005

Content of Injunction:

Neutral/Positive Reference

Retaliation Prohibition

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit