Case: EEOC v. Motherhood

3:05-cv-00990 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 28, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In September 2005, the Miami District Office of the EEOC brought this lawsuit against Mothers Work, Inc., doing business as Motherhood, in the U.S. District Court for the Middle District of Florida alleging sexual and pregnancy discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges the defendant discriminated against the complainants, female employees and job seekers, on the basis of pregnancy by failing to hire employees b…

In September 2005, the Miami District Office of the EEOC brought this lawsuit against Mothers Work, Inc., doing business as Motherhood, in the U.S. District Court for the Middle District of Florida alleging sexual and pregnancy discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges the defendant discriminated against the complainants, female employees and job seekers, on the basis of pregnancy by failing to hire employees believed to be pregnant and retaliating against one complainant for her opposition of this practice and stating a suspicion that the complainant was herself pregnant. The complainant intervened in the lawsuit in February 2006. Following a few hearings and mediation, the parties settled the lawsuit in January 2007 through a consent decree.

The three-year decree, containing an agreement not to discriminate or retaliate, required the defendant to: report on complaints and make other compliance reporting, keep records of complaints, provide EEOC access to records and employees for monitoring, expungement of certain complainants' records, expungement of employee records and provision of an agreed-upon letter of recommendation, develop an anti-discrimination policy regarding pregnancy discrimination and retaliation, post and distribute notice of employee rights, provide EEO training to its supervisors and managers who would then provide training to other employees, and pay $375,000 to be distributed among four individuals and their attorney.

he docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

David Friedman (11/26/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

United States Equal Employment Opportunity Commission v. Mothers Work, Inc.

Jan. 5, 2007 Docket
1

Complaint

United States Equal Employment Opportunity Commission v. Mothers Work, Inc.

Sept. 28, 2005 Complaint
16

Intervenor Plaintiff, Lashonda Burns' Complaint and Demand for Jury Trial

United States Equal Employment Opportunity Commission v. Mothers Work, Inc.

Feb. 6, 2006 Complaint
27

Order [re: Motion to Dismiss]

United States Equal Employment Opportunity Commission v. Mothers Work, Inc.

April 18, 2006 Order/Opinion
46

Consent Decree

United States Equal Employment Opportunity Commission v. Mothers Work, Inc.

Jan. 5, 2007 Settlement Agreement

Maternity Store Giant to Pay $375,000 to Settle EEOC Pregnancy Discrimination and Retaliation Lawsuit

United States Equal Employment Opportunity Commission v. Mothers Work, Inc.

No Court

Jan. 8, 2007 Press Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Mothers Work, Inc.; jury demand; injunctive relief requested, filed by United States Equal Employment Opportunity Commission.(SPW) Additional attachment(s) added on 9/28/2005 to replace illegible .pdf file (SPW). Modified on 9/28/2005 (SPW). (Entered: 09/28/2005)

Sept. 28, 2005

Summons issued as to Mothers Work, Inc. Consent(s) issued. (SPW) (Entered: 09/28/2005)

Sept. 28, 2005
2

NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 9/29/2005. (DH ) (Entered: 09/29/2005)

Sept. 29, 2005
3

AMENDED STANDING ORDER - Filing of Documents that Exceed Twenty-Five Pages. Signed by all Jacksonville Judges on 05/25/05(pwd, ) (Entered: 09/29/2005)

Sept. 29, 2005
4

RETURN of service executed on 10/19/05 by United States Equal Employment Opportunity Commission as to Mothers Work, Inc. (pwd, ) (Entered: 11/10/2005)

Nov. 9, 2005
5

MOTION to extend time to [Agreed Motion for Enlargement of Time for Defendant] respond to Plaintiff's Complaint and to File its Corporate Disclosure Statement by Mothers Work, Inc.. (Adams, Douglas) (Entered: 11/11/2005)

Nov. 11, 2005
6

ENDORSED ORDER granting 5 Motion to extend time . Signed by Judge Thomas E. Morris on 11/14/2005. (WB, ) (Entered: 11/15/2005)

Nov. 15, 2005
7

ANSWER to complaint with Jury Demand and Defenses and Affirmative Defenses by Mothers Work, Inc..(Zelek, Mark) (Entered: 11/30/2005)

Nov. 30, 2005
8

CERTIFICATE of interested persons and corporate disclosure statement by Mothers Work, Inc.. (Zelek, Mark) (Entered: 11/30/2005)

Nov. 30, 2005
9

MOTION to intervene as Plaintiff and memorandum of law by LaShonda Burns. (pwd, ) Modified on 12/9/2005 (pwd, ). (Document stricken and removed per Order #10) (Entered: 12/07/2005)

Dec. 6, 2005
10

ORDER striking [9] Motion to intervene for the stated reasons. Signed by Judge Thomas E. Morris on 12/9/2005. (DLC, ) (Entered: 12/09/2005)

Dec. 9, 2005
11

AMENDED MOTION to intervene as Plaintiff and Memorandum of Law by LaShonda Burns. (pwd, ) (Entered: 12/09/2005)

Dec. 9, 2005
13

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/1/2006. Discovery due by 12/29/2006. Dispositive motions due by 1/29/2007. Pretrial statement due by 5/16/2007. Pretrial Conference set for 5/22/2007 03:00 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Jury Trial set for 6/4/2007 - 6/15/2007 09:00 AM in Courtroom 10 B before Judge Timothy J. Corrigan. Signed by Judge Timothy J. Corrigan on 1/26/2006. (JMAP) (Entered: 01/27/2006)

Jan. 27, 2006
14

ORDER referring case to mediation and appointing Alexandra K. Hedrick as mediator in this action Signed by Judge Timothy J. Corrigan on 1/27/2006. (Attachments: # 1 Docket Sheet# 2 Mediation Report)(JMAP) (Entered: 01/27/2006)

Jan. 27, 2006
15

ORDER granting as set forth herein 11 Motion to intervene . Signed by Judge Thomas E. Morris on 2/3/2006. (WB, ) (Entered: 02/03/2006)

Feb. 3, 2006
16

INTERVENOR'S COMPLAINT and demand for jury trial, filed by LaShonda Burns.(pwd, ) (Entered: 02/07/2006)

Feb. 6, 2006
17

MOTION for Extension of Time to File Response/Reply by all defendants. (Adams, Douglas) (Entered: 02/21/2006)

Feb. 21, 2006
18

ENDORSED ORDER granting 17 Motion for Extension of Time to File Response/Reply . Signed by Judge Thomas E. Morris on 2/22/2006. (WB, ) (Entered: 02/23/2006)

Feb. 23, 2006
19

MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint and Memorandum of Law by Mothers Work, Inc.. (Adams, Douglas) (Entered: 02/28/2006)

Feb. 28, 2006
20

ANSWER to intervenor complaint by Mothers Work, Inc..(Adams, Douglas) (Entered: 02/28/2006)

Feb. 28, 2006
21

Consent MOTION to extend time to respond to Defendant's Motion to Dismiss and Answer by LaShonda Burns. (pwd, ) (Entered: 03/09/2006)

March 8, 2006
22

ENDORSED ORDER granting 21 Motion to extend time. Signed by Judge Timothy J. Corrigan on 3/16/2006. (SRW) (Entered: 03/16/2006)

March 16, 2006
23

MEMORANDUM in opposition re 19 Motion to dismiss filed by LaShonda Burns. (Attachments: # 1 Exhibits A - C# 2 Exhibits D - E)(pwd, ) (Entered: 03/23/2006)

March 23, 2006
24

REQUEST for oral argument re 19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint and Memorandum of Law by LaShonda Burns. (pwd, ) (Entered: 03/23/2006)

March 23, 2006
25

NOTICE of Telephone Hearing on 19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint: Motion Hearing set for 4/11/2006 2:30 PM before Judge Timothy J. Corrigan. Defendant's counsel to initiate conference call per instructions in Notice.(SRW) (Entered: 03/28/2006)

March 28, 2006
26

NOTICE by United States Equal Employment Opportunity Commission of Change of Telephone and Facsimile Numbers (Cooper, Cheryl) (Entered: 03/30/2006)

March 30, 2006
28

MINUTE ENTRY for proceedings held before Judge Timothy J. Corrigan : Motion Hearing held on 4/11/2006 re 19 MOTION to dismiss Counts III and IV of Intervenor-Plaintiff's Complaint filed by Mothers Work, Inc. Court Reporter: Shannon Bishop (JMAP) (Entered: 04/19/2006)

April 11, 2006
27

ORDER denying 19 Motion to dismiss. Defendant's Amended Answer shall be served by 4/25/2006. Signed by Judge Timothy J. Corrigan on 4/18/2006. (JMAP) (Entered: 04/18/2006)

April 18, 2006
29

Amended ANSWER to intervenor complaint (Defenses and Affirmative Defenses) by Mothers Work, Inc..(Zelek, Mark) (Entered: 04/24/2006)

April 24, 2006
30

NOTICE by LaShonda Burns Consent Motion for Appointment of Mediator and Notice of Date Selected for Mediation (Johnston, Charles) Modified on 7/20/2006 (pwd, ). (Counsel advised to re-file this document as a Motion) (Entered: 07/19/2006)

July 19, 2006
31

MOTION : Consent Motion for Appointment of Mediator and Notice of Date Selected for Mediation by LaShonda Burns. (Johnston, Charles) (Entered: 07/21/2006)

July 21, 2006
32

ORDER granting 31 Consent Motion for Appointment of Mediator. Audrey McKibbin Moran, Esquire is hereby substituted for Alexandra K. Hedrick, Esquire as mediator in this case. Signed by Judge Timothy J. Corrigan on 7/27/2006. (JMAP) (Entered: 07/27/2006)

July 27, 2006
33

ORDER REFERRING CASE to mediation and appointing Audrey McKibbin Moran as mediator in this action. The Mediation conference is set for 12/7/06. Signed by Judge Timothy J. Corrigan on 7/27/2006. (Attachments: # 1 docket sheet# 2 mediation report)(JMAP) (Entered: 07/27/2006)

July 27, 2006
34

Joint MOTION to quash subpoenas duce tecum by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Dreilinger, Lauren) (Entered: 08/24/2006)

Aug. 24, 2006
35

MEMORANDUM in opposition re 34 Motion to quash [Defendant's Opposition to Plaintiff EEOC's and Plaintiff Intervenor's Joint Motion to Quash or Modify Subpoenas Duces Tecum] filed by Mothers Work, Inc.. (Attachments: # 1 Exhibit Exhibit A - First Report of Injury or IIllness)(Joseph, Beth) (Entered: 09/08/2006)

Sept. 8, 2006
36

MOTION to compel [Defendant's Motion to Compel Better Answers to Discovery and Supporting Memorandum of Law] by Mothers Work, Inc.. (Attachments: # 1 Exhibit A - Def's First Set of Interrogatories# 2 Exhibit B - Def's First Request for Production# 3 Exhibit C - Plantiffs' Response to Def's Firt Request for Production# 4 Exhibit D - Plaintiff's response to to Def's First Set of Interrogatories# 5 Exhibit E - Correspondence to A Hammond dated 8.10.06 and email to A Hammond dated 8.10.06# 6 Exhibit F - EEOC Complaint-Prayer for Relief# 7 Exhibit G - Correspondence from A Hammond dated 8.16.06# 8 Exhibit H - First Report of Injury or Illness# 9 Exhibit I - Incident Report)(Zelek, Mark) (Entered: 09/12/2006)

Sept. 12, 2006
38

MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] by Mothers Work, Inc.. (Attachments: # 1 Exhibit A - Correspondence from L. Dreilinger to B. Joseph dated 8.31.06# 2 Exhibit B - Re-Notice of Taking Deposition of LaShonda Burns Duces Tecum)(Zelek, Mark) (Entered: 09/29/2006)

Sept. 29, 2006
39

NOTICE by Mothers Work, Inc. re 38 MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] Notice of Partial Withdrawal of Defendant's Request for an Enlargement of Time to Designate Expert Witnesses (Joseph, Beth). (Entered: 10/13/2006)

Oct. 13, 2006
40

RESPONSE in opposition re 38 MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] MOTION for Extension of Time to File [Motion for Enlargement of Time for Defendant to Serve Expert Witness Disclosures and Expert Reports] filed by United States Equal Employment Opportunity Commission, LaShonda Burns. (Cooper, Cheryl) (Entered: 10/16/2006)

Oct. 16, 2006
41

MOTION to extend time to serve Defendant's Expert Witness Disclosures and Expert Reports by Mothers Work, Inc.. (Zelek, Mark) (Entered: 11/17/2006)

Nov. 17, 2006
42

RESPONSE in opposition re 41 MOTION to extend time to serve Defendant's Expert Witness Disclosures and Expert Reports filed by United States Equal Employment Opportunity Commission, LaShonda Burns. (Cooper, Cheryl) (Entered: 12/01/2006)

Dec. 1, 2006
43

MEDIATION REPORT Hearing held on 11/28/06 Hearing outcome: resolved completely(pwd, ) (Entered: 12/11/2006)

Dec. 7, 2006
44

NOTICE by United States Equal Employment Opportunity Commission of Filing of Consent Decree (Attachments: # 1 Consent Decree for execution by the Court)(Curtin, Nora) (Entered: 12/18/2006)

Dec. 18, 2006
45

Unopposed MOTION to Approve Consent Judgment by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree for Court's execution)(Curtin, Nora) (Entered: 12/20/2006)

Dec. 20, 2006
46

ORDER granting 45 Motion to Approve Consent Judgment; terminating all other pending motions; entering Consent Decree; the Clerk shall close this file. Signed by Judge Timothy J. Corrigan on 1/5/2007. (SRW) (Entered: 01/05/2007)

Jan. 5, 2007

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2005

Closing Date: 2010

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

Mothers Work, Inc. (St. Augustine, Florida), Private Entity/Person

Case Details

Causes of Action:

State law

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: 375000

Order Duration: 2007 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Hiring

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit