------------------------~--~----~--- - - - - -
Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUALEMWLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

PIZZA OF FLORIDA, INC., d/b/a

)

ABC PIZZA, a Florida Corporation.

)

)

Defendant.

)

)

)

--------------------------------~/

<f"

£ to1::f /7 fri)<

CIVIL ACTION NO.: d DjC V J

-

COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Alexis Abrams, Sabrina L. Almendariz and any other similarly situated

individuals who were adversely affected by such practices. As stated with greater particularity in

paragraphs 7 through 12 below, the United States Equal Employment Opportunity Commission

alleges that Ms. Abrams, Ms. Almendariz and other similarly situated individuals were subjected

to sexual harassment by Jesus Camacho, a management official ofthe Defendant corporation. The

conduct was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive

work environment. The Commission further alleges that as a result ofthe hostile environment, the

conditions of Ms. Abrams' and Ms. Almendariz's employment were so intolerable that they were

forced to resign their positions.

\

Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 2 of 7
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title VII") and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Pizza of Florida, Inc., d/b/a ABC Pizza (the "Employer"), has continuously been a Florida corporation doing business in the State ofFlorida and the City of Tampa, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
2

Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 3 of 7
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Alexis Abrams and Sabrina L. Almendariz each filed a charge with the Commission alleging violations ofTitle VII by Defendant Employer. All conditions precedent to the institution ofthis lawsuit have been fulfilled. 7. Since at least March, 2001, Defendant Employer has engaged in unlawful employment practices at its Tampa, Florida, facilities, in violation ofSection 703(a) ofTitle VII and 42 U.S.C. § 2000e-2(a). 8. Alexis Abrams was subjected to sexual harassment by General Manager Jesus Camacho in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
a. The harassment included, but was not limited to, touching, grabbing and fondling; and sexually suggestive comments and gestures such as simulating masturbation using cucumbers and repeated requests to see panties and breasts.
b. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Ms. Abrams during her employment.
9. On or about August 1,2001, Ms. Abrams was forced to resign her position as a Hostess/Server because the conditions of her employment were so intolerable (as a result of the sexually offensive harassment that she was subjected to by General Manager Camacho) that a reasonable person subjected to the same or similar conduct would have been compelled to resign.
3

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Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 4 of 7
10. Sabrina L. Almendariz was subjected to sexual harassment by General Manager Jesus Camacho in the form ofunwelcome physical and verbal conduct ofa sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
a. The harassment included, but was not limited to, touching, grabbing and fondling; and sexually suggestive comments and gestures such as simulating masturbation using cucumbers and repeated requests to see panties and breasts.
b. Defendant Employer is liable for the unlawful sexual harassment to which they subjected Ms. Almendariz during her employment.
11. On or about August 1, 2001, Ms. Almendariz was forced to resign her position as a Hostess/Server because the conditions of her employment were so intolerable (as a result of the sexually offensive harassment that she was subjected to by General Manager Camacho) that a reasonable person subjected to the same or similar conduct would have been compelled to resign.
12. Other similarly situated female employees of the Defendant Employer were subjected to sexual harassment by General Manager Jesus Camacho in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. Defendant Employer is liable for the unlawful sexual harassment to which it subjected other similarly situated females during their employment.
4

Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 5 of 7
13. The effect of the conduct complained of in paragraphs 7 through 12 above has been to deprive Alexis Abrams, Sabrina L. Almendariz and other similarly situated individuals ofequal employment opportunities and otherwise adversely affect their status as employees on the basis of sex.
14. The unlawful employment practices complained of in paragraphs 7 through 12 above were intentional.
15. The unlawful employment practices complained of in paragraphs 7 through 12 above were done with malice or with reckless indifference to the federally protected rights ofAlexis Abrams, Sabrina L. Almendariz and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, or any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of sex, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Employer to make whole Alexis Abrams, Sabrina L. Almendariz and any other similarly situated individuals by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affmnative reliefnecessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement, rightful place promotion, job search expenses and/or front pay.
5

Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 6 of 7
D. Order Defendant Employer to make whole Alexis Abrams, Sabrina L. Almendariz and any other similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 through 12 above including, but not limited to, medical expenses and out ofpocket losses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Alexis Abrams, Sabrina L. Almendariz and any other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 through 12 above including, but not limited to, emotional pain, suffering, humiliation, inconvenience, loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employer to pay Alexis Abrams, Sabrina L. Almendariz and any other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraphs 7 through 12 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully Submitted, NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
6

Case 8:03-cv-00567-EAK Document 1 Filed 03/27/2003 Page 7 of 7 DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL FARRELL Supervisory Trial Attorney
One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, FL 33131-1805 Tel.: (305) 530-6006 or (305) 530-7100 Fax: (305) 536-4494
7

 
 Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 1 of 16

FILED

O1C~(\~ IN THE UNITED STATES DISTRICT COURT

03

I 9: eQR THE MIDDLE DISTRICT OF FLORIDlf003 OCT 16 AH 10: 35

TAMPA DIVISION

_f V'Ji{T

'''''L,LL· J.',: .. ; _:~ FLGRIDA 1Al in~, FLOi\IDA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

S:03cv567-T 17MSS

)

PIZZA OF FLORIDA, INC., DIBIA

)

ABC PIZZA, a Florida Corporation

)

)

Defendants.

)

-----------------------------)

CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and between

Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the

"Commission" or "EEOC") and Defendant, Pizza of Florida, Inc. d/b/a ABC Pizza (hereinafter

referred to as "Defendant"). The Commission, and Defendant are collectively referred to herein as

"the Parties."

2. On March 27, 2003, EEOC initiated this action by filing its Complaint against

Defendant. EEOC's Complaint alleged that Defendant violated Title VII of the Civil Rights Act of

1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of

1991, 42 U.S.C. Section 2000e et seq. ("Title VII"), by SUbjecting Alexis Abrams, Sabrina L.

Almendariz, and other similarly situated individuals to a sexually hostile environment.

3. On or about April 24, 2003, Defendant filed its answer to Plaintiff EEOC's

Q Complaint denying that its actions were discriminatory in any way. 4. In the interests ofresolving this matter, without admitting fault, to avoid the costs of \

~

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 2 of 16
litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
5. The Parties agree that this Decree resolves all claims against Pizza ofFlorida alleged in EEOC Charge Numbers 151A200808, 151A200721, and the EEOC's complaint filed in this action. The parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charge Numbers referred to in this paragraph.
NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
6. This Court has jurisdiction ofthe subject matter ofthis action and over the parties for the purposes of entering and enforcing this Decree.
GENERAL INJUNCTIVE PROVISIONS 7. Defendant, its officers, managers, agents and partners, are enjoined from discriminating against any employee who opposes any ofDefendant's practices which the employee believes in good faith to be a violation of Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case. 8. Defendant, its officers, managers, agents and partners, agree that it will not engage in any conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment by subjecting the employee to a hostile work environment.
2

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 3 of 16
DEVELOPMENT OF HARASSMENT POLICY AND TRAINING 9. Defendant will established a written policy of compliance with Title VII. A copy of Defendant's Title VII compliance policy will be provided to the EEOC and Defendant will certify that a complete copy of its Title VII policy will be provided to all its current employees at all of Pizza of Florida facilities on or before October 31, 2003. Defendant further agrees that all new employees will be provided a copy of the policy as part of the new employee orientation process within one (1) week of association with Defendant. 10. In order to further ensure the effective implementation of Defendant's antidiscrimination policies, Defendant will conduct training for all of its managers and supervisory personnel on all aspects of Title VII. Such training will be conducted by any law firm or organization specializing in the area of employment discrimination, and shall last at least four (4) hours. The Defendant shall notify the EEOC ofthe law firm or organization specializing in the area of employment discrimination, and EEOC shall have ten (10) days to object after receiving notification of the selection. The first training shall be conducted on or before November 29, 2003 and thereafter on a yearly basis throughout the duration ofthis decree. At least two (2) weeks before it conducts its training session(s), Defendant agrees to provide EEOC with (1) date(s) ofthe training; (2) copies of all training material to be used at the training session; and (3) a list ofthe names and titles of each employee who will be in attendance at the training. Additionally, Defendant agrees that the EEOC shall, at its discretion, be in attendance at the training session(s), and the EEOC shall notify Defendant, one week in advance, that a representative will be in attendance.
POSTING
3

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 4 of 16
11. Defendant will post within seven (7) days from the Court's execution ofthis Decree a laminated 11" x 17" size copy of the Notice attached hereto as Exhibit A. Said notice shall be posted at all of Pizza of Florida facilities for the duration of this Decree in conspicuous locations accessible to all employees.
MONITORING 12. Defendant will retain all employment records relating in any way to any complaint made to a supervisor, manager or human resource officer and to any investigation of sexual harassment at any ofDefendant's facilities for the duration ofthis Decree and/or as required by law. 13. Defendant will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects ofthis Decree. The first such certification will be due no later than April 30. 2004. With each such certification, Defendant will provide the EEOC with the name, address and phone number of any person who alleges they have been subjected to sexual harassment while working at any of Pizza ofFlorida's facilities during the preceding six (6) months. Defendant will also state its actions taken in response to each such allegation. Defendant will provide upon request by the Commission (a) a copy ofthe complaint, or ifno written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actions taken; and (c) the outcome regarding such complaint.
MONETARY RELIEF 14. Defendant shall pay a lump sum of $325,000 in resolution of this litigation. Two hundred and twenty-five thousand ($225,000) represents compensation for the state court claims, and compensatory and punitive damages for identified aggrieved individuals. The remaining one hundred thousand ($100,000) also represents compensatory and punitive damages and shall be
4

~-------
Case 8:03-cv-00567-EAK

Document 10

Filed 10/21/2003 Page 5 of 16

distributed as detennined by the EEOC to aggrieved identified claimants who worked for Defendant at any time between April 1,2001 to December 31,2002. Defendant shall issue an I.R.S. Fonn 1099 to the law finn of Morgan, Padgett & Associates, P.A. With respect to any monies distributed to identified claimants, Alexis Abrams and Sabrina L. Almendariz, the law finn of Morgan, Padgett & Associates, P.A. shall issue an I.R.S. Fonn 1099 in accordance with state and federal law; and with respect to unidentified claimants, the EEOC will instruct the law finn of Morgan, Padgett & Associates, P.A. to issue an I.R.S. Fonn 1099, if appropriate. No portion of the three hundred and twenty five ($325,000) shall remit to Defendant.
15. Within ten (10) days of the Court's execution ofthis Decree, Defendant will cause to be issued a check in the amount of three hundred and twenty five thousand ($325,000) payable to Morgan, Padgett & Associates, P.A. for deposit in its client trust account. Such payment shall be forwarded by certified mail with a return receipt requested to: Morgan, Padgett & Associates, P.A., 501 East Kennedy Blvd., Suite 1207, Tampa, Florida 33602. A copy of the check shall be forwarded to the attention ofKenneth L. Gillespie, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
16. IfDefendant fails to tender the above-mentioned payments as set forth in paragraph 17, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
NOTICE TO POTENTIAL AGGRIEVED INDIVIDUALS 17. The Parties agree that potential claimants shall be current or fonner female
5

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 6 of 16
employees who work/worked for Pizza of Florida d/b/a ABC Pizza at any time between April 1. 2001 to December 31, 2002, and who submit credible evidence of being subjected to a sexually hostile environment.
18. Defendant shall provide to the EEOC information in its possession necessary for contacting potential claimants on or before November 24,2003. This information shall be utilized for the purposes ofidentifying female aggrieved individuals who were subjected to a sexually hostile environment during the period state in Paragraph # 17.
19. The EEOC shall provide notice to all eligible claimants as described in Paragraph 18, via certified mail, that a settlement has been reached among all the Parties to this action on or before December 22,2003. A copy ofsuch ''Notice'' is attached as Exhibit B. The ''Notice'' shall provide that Defendant shall take no adverse action against any individual for filing such an application. Potential claimants shall be further advised that, ifthey wish to make application for an award from the Claimant Fund, they must do so by filling out a "Claim Form" and mailing it to the EEOC's Miami District Office post marked on or before January 19,2004. The notice shall provide that Defendant shall take no adverse action against any individual for filing such an application. A copy of such notice is attached as Exhibit C.
20. The EEOC shall notify all potential claimants as to whether their applications to share in the Claimant Fund have been granted and the amount to be received by each on or before February 23, 2004. A copy of such notice is attached as Exhibit D.
21. Potential claimants shall submit letters to the court by March 19, 2004, indicating any disagreement they may have with their claimant status/proposed award and the reasons therefore. This procedure will be the sole means by which claimants may challenge their claimant status or the
6

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 7 of 16
handling oftheirproposed monetary award. Additionally, potential claimants must also send a copy to Kenneth L. Gillespie, Trial Attorney, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. Potential claimants shall make reference on the outside ofthe envelope to V.S.E.E.O.C. v. Pizza of Florida.
22. Within ten (10) days ofthecourt's approval ofthepotential claimant distribution, the EEOC shall direct Morgan, Padgett & Associates, P.A. to mail settlement checks drawn on the trust account of Morgan, Padgett & Associates, P.A. Included with the settlement check will be an "Acknowledgment and Release" to be filled out by the potential claimants and returned to Morgan, Padgett & Associates, P.A. A copy of the "Acknowledgment and Release" is attached as Exhibit E. Within three (3) days after all such payments have been made, a copy of the checks shall be forwarded to the attention of Kenneth L. Gillespie, EEOC Trial Attorney, V.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. Morgan, Padgett & Associates, P.A. shall also provide Mr. Kenneth L. Gillespie with copies of all executed "Acknowledgment and Releases" upon receipt of same.
23. The remedies provided under this Consent Decree shall be the exclusive remedies available under Title VII for claims of sexual harassment occurring between April 1. 2001 and December 31, 2002 to any current or former employee of Defendant who has not filed a charge of discrimination with the EEOC.
ENFORCEMENT OF DECREE 24. The Commission and Defendant will make best efforts to effectuate the terms ofthis Decree. 25. The Commission shall have independent authority to seek the judicial enforcement
7

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 8 of 16

of any aspect, tenn or provision of this Decree.

COSTS

26. Each Party shall bear its own costs and attorneys' fees associated with this litigation.

DURATION OF CONSENT DECREE

27. The duration of this Decree shall be three (3) years from the date of entry of the

'Ec. Decree. 28.

This

case

will

be

dismissed

with

/
prejudice.

J/JV file i!Lb
L $. '" -rtflJ However, the Court

< t<. CF cAs c

CuJ~T~/...~L

will retainjurisdicti~~

to enforce the monetary and injunctive provisions of this Consent Decree during the three year

period that said Decree is in effect.
SO ORDERED, ADJUDGED AND DECREED, t~? _A~~fS'PUl(lltc hJ e~r-2003.

ELIZABETH A.
UNITED STATES DISTRICT JUDGE

8

OCT-1S-2003 16:41

BUTLER PRPPRS

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 9 of 16

P.02

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

~.~ by: Regional Attorney U.S. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131

Date: la/,S I 03 I I

AGREED TO: FOR DEFENDANT

by:

Date:

9

OCT-15-2003 16:42

BUTLER PAPPAS

P.03

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 10 of 16

EXlDBIT "A"
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND
PIZZA OF FLORIDA, INC., D/B/A ABC PIZZA, This notice is being posted pursuant to a Consent Decree entered by the Court in Equal
EmPloyment Qmxntunity Commission v. Pipa of Florida d/b/a ABC Pi,:", Civil Action No. 8:03cv567-T17MSS. Pizza of Florida d/b/a ABC Pizza bas agreed that it will not discriminate
against employees in violation of Title vn ofthe Civil Rights Act of 1964 (,'Title VIlli). Title vn
protects individuals from discrimination because ofthe race, religion, color, sex (including sexual harassment and pregnancy) andlor national origin. Title VII also protects individuals from retaliation for having complained ofan unlawful employment practice. pin!! ofFlorida d/b/a ABC Pizza will not condone discrimination of any kind as set forth in federal laws, including, but not limited to, racial, religious or national origin harassment.
Furthennore, Pizza ofFlorida d/b/a ABC PjZZi! assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts orto file charges with the EEOC. Appropriate conective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.
This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
r.;It/.
this I () day of l 2003

FLORIDA
10

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 11 of 16
EXHIBIT "B"
U.S.E.E.O.C. VS. PIZZA OF FLORIDA, INC., DID/A ABC PIZZA
NOTICE
ATTENTION ALL CURRENT AND FORMER FEMALE EMPLOYEES WHO WORK/WORKED AT PIZZA OF FLORIDA, INC., D/B/A
ABC PIZZA, BETWEEN APRIL 1,2001, AND DECEMBER 31,2002
Pizza of Florida d/b/a ABC Pizza, has entered into a consent decree with the United States Equal Employment Opportunity Commission ("EEOC"), an agency ofthe United States Government to resolve a lawsuit filed by the EEOC against Pizza of Florida d/b/a ABC Pizza pursuant to Title VII ofthe Civil Rights Act of 1964, as amended, ("Title VII'). If you were subjected to a sexually hostile environment between April 1, 2001, and December 31, 2002, you may be qualified to participate in the settlement of this lawsuit. You must act immediately to preserve your rights by completing the enclosed claims fonn.
The claims fonn must be returned to EEOC, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. All claims will be thoroughly reviewed by the EEOC to detennine eligibility for participation in the settlement.
Pizza of Florida d/b/a ABC Pizza, agrees that it will take no adverse action against any current or fonner employee for filing the claim fonn and/or participating in the process distribution.

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 12 of 16

EXHIBIT "C"
U.S.E.E.O.C. VS. PIZZA OF FLORIDA, INC., D/B/A ABC PIZZA, CLAIM FORM

1. Name:------------------------------------------------------------
2. Date of Birth:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. Mailing Address:______________________________
4. Daytime phone or contact:___________________________________ (Failure to provide a daytime phone or the number of a person who can take a message for you during the day will result in our inability to process your claim).
5. Dates of Employment:_ _ _ _ _ _ _ _ _ _ _ _ _ __
6. If former employee, reason(s) for separation with Pizza of Florida d/b/a ABC Pizza:

7. Job Title:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

8. Do you believe that you were subjected to a sexually hostile environment at Pizza ofFlorida

d/b/a ABC Pizza because of your sex? Yes

No_ _ __

9. If you answered yes to the question above, please provide a statement as to why including: (1) the name ofperson(s) who harassed you; (2) a list of the sexually offensive comments that you were subjected to; and (3) the names ofwitnesses who may support your beliefthat you were sUbjected to a sexually hostile environment. ________________

The enclosed claim form must be completed and returned on or before January 19, 2004.

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 13 of 16

EXHIBIT "D"

U.S.E.E.O.C. VS. PIZZA OF FLORIDA, INC., D/B/A ABC PIZZA Notification of Claimant Status

We are in receipt of, and have carefully reviewed your claim form, documentation and interview notes, if applicable, for the above matter. The following constitutes the EEOC's determination;

I. claimant status

No A. Meets
Comment __

all criteria for claimants: Yes_ __ _______________________

_

_

_-__-_-__

_

_

_

______

B. Eligible for monetary awards: No _ _ Yes

Amount

Commems_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _

Ifyou disagree with the EEOC's determination; you have until March 19,2004 to submit a letter to the court indicating any disagreement you may have with your claimant status/proposed monetary award, and the reasons therefore. Ifyou have no disagreement, please do not send a letter to the court. Letters should be addressed as follows and both on the outside ofthe envelope and in the text ofthe letter make reference to U.S.E.E.O.C. v. Pizza of Florida d/b/a ABC Pizza.
You must also send a copy to Kenneth L. Gillespie, Trial Attorney, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. Please make reference on the outside of the envelope to U.S.E.E.O.C. v. Pizza of Florida.

/. .- - - - - - - - Case 8:03-cv-00567-EAK Document 10
//

Filed 10/21/2003 Page 14 of 16

EXHIBIT "E"

U.S. E.E.O.C. VS. PIZZA OF FLORIDA, INC., D/B/A ABC PIZZA

Acknowledement and Release

I,

, acknowledge receipt of a settlement check in the amount of

$

from the trust account ofMorgan, Padgett & Associates, P.A. as a result ofmy having

filed a claim with the EEOC in connection with my belief that I was subjected to a sexually hostile

work environment during the course of my employment at Pizza of Florida d/b/a ABC Pizza.

I understand and agree that this settlement check is in full and final settlement of all claims I may have against Pizza of Florida, Inc. d/b/a ABC Pizza under Title VII and all other federal laws administered by the EEOC, based on conduct occurring between April 1,2001 and December 31, 2002.

Print Name

Date

Signature

Case 8:03-cv-00567-EAK Document 10 Filed 10/21/2003 Page 15 of 16

Date Printed: 10/21/2003

F I L E COP Y

Notice sent to:
Nicholas M. Inzeo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:03-cv-00567 jlh
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:03-cv-00567 jlh
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:03-cv-00567 jlh
Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:03-cv-00567 jlh
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
8:03-cv-00567 jlh
Peter W. Zinober, Esq. Zinober & McCrea, P.A. 201 E. Kennedy Blvd., Suite 800 Tampa, FL 33602

Case 8:083:-0c3v--0c0v5-6070-E56A7K Djolchument 10 Filed 10/21/2003 Page 16 of 16
Shane T. Munoz, Esq. Zinober & McCrea, P.A. 201 E. Kennedy Blvd., Suite 800 Tampa, FL 33602
8:03-cv-00567 jlh
Luisette Gierbolini, Esq. Zinober & McCrea, P.A. 201 E. Kennedy Blvd., Suite 800 Tampa, FL 33602
8:03-cv-00567 jlh
F. Robert Radel II, Esq. Butler Pappas Weihmuller Katz Craig LLP Bayport Plaza, Suite 1100 6200 Courtney Campbell Causeway Tampa, FL 33607-5946
8:03-cv-00567 jlh

 
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CLOSED, MSS
U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:03-cv-00567-EAK

EEOC v. Pizza of Florida Assigned to: Judge Elizabeth A. Kovachevich Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 03/27/2003 Date Terminated: 10/21/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Delner Franklin-Thomas Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Email: kenneth.gillespie@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 2 of 4

V.
Defendant
Pizza of Florida, Inc. a Florida corporation doing business as ABC Pizza

Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas M. Inzeo Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by F. Robert Radel, II Butler Pappas Weihmuller Katz Craig, LLP One Harbour Place - Ste 500 777 S Harbour Island Blvd Tampa, FL 33602-5723 813/281-1900 Fax: 813/281-0900 Email: fradel@butlerpappas.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Luisette Gierbolini Zinober & McCrea, PA Suite 800 201 E Kennedy Blvd Tampa, FL 33602 813/224-9004 Fax: 813/223-4881 Email: lgierbolini@zmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter W. Zinober Greenberg Traurig, P.A.

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Date Filed 03/27/2003
03/27/2003 03/27/2003 04/01/2003 04/21/2003 04/25/2003 05/02/2003 05/08/2003 10/06/2003
10/15/2003

Courthouse Plaza, Suite 100 625 Twiggs Street Tampa, FL 33602 813-318-5700 Fax: 813-318-5900 Email: zinoberp@gtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shane T. Munoz Greenberg Traurig, PA Suite 100 625 East Twiggs Street Tampa, FL 33602 813/318-5728 Fax: 813/318-5900 Email: MunozS@gtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT, injunctive relief sought, alleging unlawful employment practices on the basis of sex filed; jury demand. Filing fee waived. (mrh) (Entered: 03/28/2003)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mary S. Scriven (mrh) (Entered: 03/28/2003)

SUMMONS issued for Pizza of Florida, Inc., c/o William Fotopoulos, Registered Agent. Consent issued. (mrh) (Entered: 03/28/2003)

2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jlh) (Entered: 04/02/2003)

3 CERTIFICATE OF SERVICE of [2-1] track 2 notice by EEOC (jlh) (Entered: 04/22/2003)

4 ANSWER and affirmative defenses to [1-1] complaint by Pizza of Florida (jlh) (Entered: 04/28/2003)

5 ORDER of procedure ( Signed by Judge Elizabeth A. Kovachevich ) ctc (jlh) (Entered: 05/02/2003)

6 AMENDED ANSWER and affirmative defenses to complaint by Pizza of Florida : amends [4-1] answer (jlh) (Entered: 05/09/2003)

7 ORDER TO SHOW cause for failure to prosecute due to the non-filing of a case management report: Response due on 10/23/03 for EEOC ( Signed by Judge Elizabeth A. Kovachevich ) ctc (jlh) (Entered: 10/07/2003)

PROPOSED consent decree (jlh) (Entered: 10/16/2003)

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10/16/2003 10/16/2003 10/21/2003
10/21/2003 10/21/2004 10/22/2004
11/02/2004
11/03/2004

8 RESPONSE to show cause order filed by plaintiff EEOC (jlh) (Entered: 10/16/2003)
9 NOTICE of filing proposed consent decree by EEOC (jlh) (Entered: 10/16/2003)
10 ORDER on consent decree (see order for further details). This case will be dismissed with prejudice and the clerk shall close this case. ( Signed by Judge Elizabeth A. Kovachevich ) ctc (jlh) (Entered: 10/21/2003)
CASE CLOSED. (jlh) (Entered: 10/21/2003)
11 MOTION to modify Consent Degree by Pizza of Florida, Inc.. (Munoz, Shane) (Entered: 10/21/2004)
12 ORDER re 11 MOTION to modify Consent Degree filed by Pizza of Florida, Inc., directing response by November 2, 2004. Signed by Judge Elizabeth A. Kovachevich on 10/22/2004. (jm, ) (Entered: 10/22/2004)
13 NOTICE by Pizza of Florida, Inc. re 11 MOTION to modify Consent Degree Notice of Withdrawal of Pending Motion (Munoz, Shane) (Entered: 11/02/2004)
14 ENDORSED ORDER withdrawing 11 Motion to modify due to settlement. Signed by Judge Elizabeth A. Kovachevich on 11/3/2004. (jm, ) (Entered: 11/03/2004)

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 Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers

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The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE January 8, 2004

CONTACT: Federico Costales, District Director Delner Franklin-Thomas, Regional Atty. (305) 530-6116 (305) 530-6001 Cell: (305) 240-1017 TTY: 1-800-669-6820

Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers

EEOC Settles Bias Suits with ABC Pizza and Longhorn Steakhouse
MIAMI - The U.S. Equal Employment Opportunity Commission (EEOC) today announced two settlements of employment discrimination lawsuits under Title VII of the 1964 Civil Rights Act against Tampa, Fla.-area restaurants for sexual harassment of teenaged former employees. The settlements against Pizza of Florida, Inc., doing business as ABC Pizza, and Rare Hospitality International, Inc., doing business as Longhorn Steakhouse, total $525,000 in monetary relief and include extensive remedial relief, such as company training, posting of notices, and monitoring provisions.
The EEOC's lawsuit against Pizza of Florida (Civil Action No.8:03cv567-T17MSS), charged the Tampa Bay area pizza chain with subjecting female employees to a sexually hostile working environment. The EEOC contends that the sexually harassing conduct, created by the restaurant's manager, was primarily directed towards two sisters who were ages 16 and 17 at the time they were employed with ABC Pizza. The conduct included inappropriate touching as well as egregious verbal comments. The $325,000 in monetary relief, includes a $100,000 fund to be distributed among other similarly situated female employees subjected to the sexually harassing conduct.
EEOC's settlement with Longhorn (Civil Action 8:02-CV-1770-T-30TBM) requires the company to pay Collen Falkowski and two other former similarly situated employees a total of $200,000 in monetary relief for harassment that they were subjected to at the hands of an assistant manager. Ms. Falkowski was 16years old when she associated with Longhorn as part of a high school on-the-job training class requirement. The assistant manager subjected Ms. Falkowski and the two other similarly situated female employees to conduct ranging from inappropriate hip and lower back touches and breast grabbing to inappropriate verbal comments, the EEOC's lawsuit said.
Both of these cases were pending in United States District Court for the Middle District of Florida, and were settled via Consent Decrees. Judge Elizabeth A. Kovachevich presided over and approved the Consent Decree in the suit against Pizza of Florida on October 21, 2003, while Judge James S. Moody, Jr. presided over and entered the Consent Decree in the case against Longhorn on December 30th.
Federico Costales, Director of EEOC's Miami District Office, said, "We are pleased with these resolutions and are confident that the injunctive measures secured through the Consent Decrees will afford other Pizza of Florida and Longhorn employees the ability to work in an environment free of unlawful harassment."
The Consent Decrees require each of the companies to conduct annual training on Title VII with emphasis on sexual harassment. In addition, each company is required to post an 11x17 laminated poster which expresses the companies' commitment to complying with federal anti-discrimination laws enforced by the EEOC, and explains how an employee can obtain more information about their rights under Title VII or any other federal anti-discrimination law. The EEOC will monitor each company to ensure that any further complaints of sexual harassment are handled in accordance with federal law, and that all provisions of the

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Two Florida Restaurants To Pay $525,000 For Sexual Harassment of Teenagers

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Consent Decree are strictly followed.
Delner Franklin-Thomas, EEOC's Regional Attorney in Miami, said: "The facts of these cases were very compelling in that they involved egregious treatment of youth who in many instances were receiving their first introduction into the workforce. We are hopeful that these resolutions will send a message to employers in the restaurant industry, where many high school youth often seek employment, to set in place preventive measures that will ensure that employees do not have to endure the type of hostile environment the claimants in these cases were subjected to."
In addition to enforcing Title VII, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation, the EEOC enforces the Age Discrimination in Employment Act of 1967, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
This page was last modified on January 8, 2004.
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